TITLE XXXIV
PUBLIC UTILITIES

Chapter 374
GENERAL REGULATIONS

General Public Utility Duty

Section 374:1

    374:1 Service. – Every public utility shall furnish such service and facilities as shall be reasonably safe and adequate and in all other respects just and reasonable.

Source. 1911, 164:4. PL 240:1. RL 289:1. 1951, 203:21, eff. Sept. 1, 1951.

Section 374:1-a

    374:1-a Exceptions. – Except as provided otherwise in this chapter, and except for RSA 374:2-a, RSA 374:28-a, RSA 374:34-a, RSA 374:48 through RSA 374:56, and RSA 374:59, the provisions of this chapter shall not apply to any end user of an excepted local exchange carrier, nor to any service provided to such end user.

Source. 2012, 177:9, eff. Aug. 10, 2012.

Section 374:2

    374:2 Charges. – All charges made or demanded by any public utility for any service rendered by it or to be rendered in connection therewith, shall be just and reasonable and not more than is allowed by law or by order of the public utilities commission. Every charge that is unjust or unreasonable, or in excess of that allowed by law or by order of the commission, is prohibited.

Source. 1911, 164:4. PL 240:2. RL 289:2. 1951, 203:22, eff. Sept. 1, 1951.

Section 374:2-a

    374:2-a Alternative to Herbicide Use. – Every public utility that uses herbicides to clear or maintain its rights-of-way shall offer, as an alternative to herbicide use, to cut back such vegetation, if requested by the owner of the land on which the right-of-way exists. The utility shall be permitted to charge the landowners who opt for the cutting of vegetation on their property an amount which has been approved by the public utilities commission and which reflects the increased cost the utility incurs in providing such an alternative. No utility shall indicate to any such landowner that such a charge may exist until the charge has been approved by the commission.

Source. 1990, 27:1. 1997, 36:1, eff. July 4, 1997.

Supervisory Power of Department of Energy and Public Utilities Commission

Section 374:3

    374:3 Extent of Power. – The public utilities commission and department of energy shall have the general supervision of all public utilities and the plants owned, operated or controlled by the same so far as necessary to carry into effect the provisions of this title.

Source. 1911, 164:5. PL 240:3. RL 289:3. 1951, 203:20, eff. Sept. 1, 1951. 2021, 91:261, eff. July 1, 2021.

Section 374:3-a

    374:3-a Alternative Forms of Regulation; Incentive Regulation. – Upon petition of a regulated utility or upon its own initiative and after notice and hearing, the public utilities commission may approve alternative forms of regulation other than the traditional methods which are based upon cost of service, rate base and rate of return, provided that any such alternative results in just and reasonable rates and provides the utility the opportunity to realize a reasonable return on its investment.

Source. 1994, 193:2, eff. July 23, 1994.

Section 374:3-b

    374:3-b Alternative Regulation of Small Incumbent Local Exchange Carriers. –
I. In this section, "small incumbent local exchange carrier" means an incumbent local exchange carrier serving fewer than 25,000 access lines.
II. Solely at its option, a small incumbent local exchange carrier subject to rate of return regulation, and only such small incumbent local exchange carrier, may petition the public utilities commission for approval of an alternative form of regulation providing for regulation of such carrier's retail operations comparable to the regulation applied to competitive local exchange carriers, subject to paragraph III, due to its status as carrier of last resort.
III. The commission shall approve the alternative regulation plan if it finds that:
(a) The small incumbent local exchange carrier has 25 percent fewer access lines in service than it did on December 31, 2004;
(b) The plan provides for maximum stand-alone basic local service rates at levels that do not exceed the comparable rates charged by the largest incumbent local exchange carrier operating in the state and that do not increase by more than 5 percent in each of the 4 years after a plan is approved with the exception that the plan may provide for additional rate adjustments, with public utilities commission review and approval, to reflect changes in federal, state, or local government taxes, mandates, rules, regulations, or statutes;
(c) The plan meets intercarrier service obligations under other applicable laws;
(d) The plan preserves universal access to affordable stand-alone basic telephone service; and
(e) The plan provides that, if the small incumbent local exchange carrier operating under the plan fails to meet any of the conditions set out in this section, the public utilities commission may require the small incumbent local exchange carrier to propose modifications to the alternative regulation plan or return to rate of return regulation.
IV. The alternative regulation plan may allow the small incumbent local exchange carrier to offer bundled services that include combinations of telecommunications, data, video, and other services.
V. Following approval of the alternative regulation plan, the small incumbent local exchange carrier shall no longer be subject to rate of return regulation or be required to file affiliate contracts or seek prior commission approval of financings or corporate organizational changes, including, without limitation, mergers, acquisitions, corporate restructurings, issuance or transfer of securities, or the sale, lease, or other transfer of assets or control.
VI. Notwithstanding any other provision of law, competitive entry in the service territory of a small incumbent local exchange carrier which has petitioned for approval of an alternative regulation plan, is consistent with the public good for the specific purpose of RSA 374:22-g and approval of such competitive entry shall not require a hearing as required under RSA 374:26.

Source. 2005, 263:7. 2006, 154:1, eff. July 21, 2006. 2011, 175:1, eff. June 14, 2011.

Section 374:4

    374:4 Duty to Keep Informed. – The commission and the department of energy shall have power, and it shall be their duty, to keep informed as to all public utilities in the state, their capitalization, franchises and the manner in which the lines and property controlled or operated by them are managed and operated, not only with respect to the safety, adequacy and accommodation offered by their service, but also with respect to their compliance with all provisions of law, orders of the commission and charter requirements.

Source. 1911, 164:5. PL 240:4. RL 289:4. 1951, 203:23, eff. Sept. 1, 1951. 2021, 91:263, eff. July 1, 2021.

Section 374:5

    374:5 Additions and Improvements. – For the purpose of enabling the commission and the department of energy to perform their duty to keep informed as provided in RSA 374:4, every public utility, before making any addition, extension, or capital improvement to its fixed property in this state, except under emergency conditions, shall report to the commission and the department of energy the probable cost of such addition, extension, or capital improvement whenever the probable cost thereof exceeds a reasonable amount to be prescribed by general or special order of the commission. For this purpose, the commission may classify public utilities according to the amount of their respective fixed capital accounts, and prescribe a reasonable limitation for each such classification. In no case shall the minimum amount prescribed be less than 1/4 of one percent of such fixed capital account as of December 31 of the preceding year, or $10,000, whichever is the smaller amount. Reports shall be filed in writing within such reasonable time as may be prescribed by the commission before starting actual construction on any addition, extension, or improvement. The commission shall have discretion to exclude the cost of any such addition, extension, or capital improvement from the rate base of said utility where such written report thereof shall not have been filed in advance as herein provided.

Source. 1951, 203:24, eff. Sept. 1, 1951. 2021, 91:263, eff. July 1, 2021.

Section 374:5-a

    374:5-a Power to Hire Consultants Firm. – The commission and the department of energy may utilize and employ a consultant firm to provide it with technical assistance in evaluating cost factors relating to the effective use of substantial investments of utilities regulated by the commission.

Source. 1975, 327:1, eff. Aug. 6, 1975. 2021, 91:263, eff. July 1, 2021.

Section 374:6

    374:6 Inspection of Railroads. – The department of transportation shall have power, either through its members or duly authorized experts, to ride upon any locomotive or train of any railroad while in service for inspection purposes and to have, upon reasonable notice, a special locomotive and inspection car for a physical inspection once annually of all the lines and stations of each railroad in the state.

Source. 1911, 164:5. PL 240:5. RL 289:5. 1951, 203:25. RSA 374:6. 1985, 402:6, I(e)(6).

Section 374:7

    374:7 Investigation of Other Utilities; Orders. – The commission and the department of energy shall have power to investigate and ascertain, from time to time, the quality of gas supplied by public utilities and the methods employed by public utilities in manufacturing, transmitting or supplying gas or electricity for light, heat or power, or in transmitting telephone and telegraph messages, or supplying water, and, after notice and hearing thereon, the commission shall have power to order all reasonable and just improvements and extensions in service or methods.

Source. 1911, 164:5. PL 240:6. RL 289:6. 1951, 203:26, eff. Sept. 1, 1951. 2021, 91:264, eff. July 1, 2021. 2022, 245:24, eff. Aug. 20, 2022.

Section 374:7-a

    374:7-a Violation. –
I. Any person who knowingly or willfully violates any provision of RSA 370:2 or any standards or rules adopted under it by the public utilities commission or the department of energy, relative to gas pipelines and liquefied petroleum gas systems pursuant to the Natural Gas Pipeline Safety Act, shall be subject to a civil penalty not to exceed the maximum civil penalty under 49 U.S.C. section 60122(a), as amended.
II. Any person who otherwise violates any provision of RSA 370:2 or any standards or rules adopted under it by the public utilities commission or the department of energy, relative to gas pipelines and liquefied petroleum gas systems pursuant to the Natural Gas Pipeline Safety Act, shall be subject to a civil penalty not to exceed the maximum civil penalty under 49 U.S.C. section 60122(a), as amended.
III. The department of energy shall assess and enforce civil penalties related to this section. Any civil penalty assessed under this section may be appealed to the public utilities commission, and the commission may uphold, reverse, or compromise such civil penalty. In determining the amount of the penalty, the outcome of an appeal, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, the good faith of the person charged in attempting to achieve compliance, after notification of a violation, the degree of culpability of the person, the history of prior violations, the effect of the penalty on the person, and any other identifiable factor related to the circumstances of the person and the nature and circumstances of the violation, shall be considered. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the state to the person charged or may be recovered in a civil action in the state courts.

Source. 1969, 280:1. 1989, 240:2. 2004, 148:3, eff. Jan. 1, 2005. 2014, 91:3, eff. Jan. 1, 2015. 2021, 91:264, eff. July 1, 2021.

Accounts and Dividends

Section 374:8

    374:8 Accounting Systems. –
I. The commission may, whenever it deems it advisable, establish a system of accounts and records to be used by public utilities for their business within this state, may classify them and prescribe a system of accounts for each class, and may prescribe the manner in which said accounts shall be kept.
II. The uniform system of accounts for regulated utilities established under the provisions of this section shall be exempt from the requirements of RSA 541-A, the administrative procedure act. The commission shall file, however, in the office of legislative services a copy of all rules adopted, amended or repealed under this section by the commission.

Source. 1911, 164:6. PL 240:7. RL 289:7. 1951, 203:27. RSA 374:8. 1994, 193:3, eff. July 23, 1994.

Section 374:9

    374:9 Limitation. – Nothing contained in RSA 374:8 shall be deemed to prevent public utilities from complying with any requirements made of them by the authority of the United States Government.

Source. 1911, 164:6. PL 240:8. RL 289:8. 1951, 203:28, eff. Sept. 1, 1951.

Section 374:10

    374:10 Depreciation Account. – Every public utility shall carry a proper and adequate depreciation account whenever the commission shall determine that such depreciation account can reasonably be required and shall so order. Every public utility shall conform its depreciation account to such rules, regulations and forms as may be prescribed by the commission.

Source. 1913, 98:1. PL 240:9. RL 289:9.

Section 374:11

    374:11 Use of Depreciation Fund. – The depreciation fund may be expended in new construction, extensions or additions to the property of the public utility, or invested and, if invested, the net income from the investment shall be added to the depreciation fund, unless the commission for good cause shown shall otherwise order. Such fund may be used only for new construction, extensions or additions to physical property or for renewing, restoring, replacing or substituting depreciated property in order to keep its plant and system in a state of repair and efficiency, or for paying debts incurred for such purposes.

Source. 1913, 98:1. PL 240:10. RL 289:10. 1951, 203:29, eff. Sept. 1, 1951.

Section 374:12

    374:12 Declaring Dividends. – No public utility shall declare or pay any dividend except out of net corporate income, and except after setting aside such depreciation reserve, if any, as it may carry in compliance with the provisions of RSA 374:10; provided, that this section shall not prevent the payment of dividends in any year out of any undistributed balance of such net corporate income previously accumulated.

Source. 1913, 98:1. PL 240:11. RL 289:11.

Section 374:13

    374:13 Form of Accounts and Records. – When the commission has prescribed the form of accounts and records to be kept by public utilities of any class, each public utility of that class shall thereafter keep the accounts and records so prescribed accurately and honestly and in the manner prescribed; and it shall be unlawful for it to keep any other accounts or records covering the matters included in the accounts and records prescribed, except those which it may be required to keep by the authority of the United States or of any other state.

Source. 1913, 98:1. PL 240:12. RL 289:12. 1951, 203:30, eff. Sept. 1, 1951.

Section 374:14

    374:14 False Entries, Etc. – No person shall willfully make any false entry in the accounts or records of any public utility, or willfully destroy, mutilate or by any other means falsify such accounts or records, or willfully neglect or fail to make full, true or correct entries of all facts and transactions appertaining to the business of any public utility, which it is his duty to make; provided, that the commission may at its discretion issue orders specifying operating, accounting or financial accounts, records, memoranda, books or papers of public utilities which may, after a reasonable time, be destroyed, and may prescribe the length of time the same shall be preserved.

Source. 1913, 98:1. PL 240:13. RL 289:13. 1951, 203:31, eff. Sept. 1, 1951.

Reports, Etc.

Section 374:15

    374:15 Filing. – Every public utility shall file with the commission and the department of energy reports at such times, verified by oath in such manner, and setting forth such statistics and facts, as may be required by the commission or the department of energy.

Source. 1911, 164:8. PL 240:14. RL 289:14. 1951, 203:32, eff. Sept. 1, 1951. 2021, 91:265, eff. July 1, 2021.

Section 374:16

    374:16 Repealed by 1985, 402:39, V. –

Section 374:17

    374:17 Neglect to Report. – If any public utility shall neglect or refuse to make and file any report within a time specified by the commission or the department of energy, or shall neglect or refuse to make specific answer to any question lawfully asked by the commission or the department of energy, it shall forfeit to the state the sum of $100 for each day it shall continue to be in default with respect to such report or answer, unless it shall be excused from making such report or answer, or unless the time for making the same shall be extended.

Source. 1911, 164:8. PL 240:16. RL 289:16. 1951, 203:34, eff. Sept. 1, 1951. 2021, 91:266, eff. July 1, 2021.

Section 374:18

    374:18 Production of Books, Etc. – The commission, by order, or the department of energy, may require any public utility to produce within the state, at such time and place as it may designate, any accounts, records, memoranda, books, or papers kept in any office or place without the state, or verified copies thereof, in order that an examination thereof may be made by or under the direction of the commission or the department of energy.

Source. 1913, 145:8. PL 240:17. RL 289:17. 1951, 203:35, eff. Sept. 1, 1951. 2021, 91:266, eff. July 1, 2021.

Section 374:19

    374:19 False Statements, Etc. – No public utility shall willfully make any false statement or false entry in any report to the commission or the department of energy, or in any answer to any question lawfully asked by the commission or the department of energy.

Source. 1913, 145:8. PL 240:18. RL 289:18. 1951, 203:36, eff. Sept. 1, 1951. 2021, 91:266, eff. July 1, 2021.

Extensions, New Business, Etc., Generally

Section 374:20

    374:20 Repealed by 1985, 402:39, V. –

Section 374:21

    374:21 Repealed by 1985, 402:39, V. –

Section 374:22

    374:22 Other Public Utilities. –
I. No person or business entity, including any person or business entity that qualifies as an excepted local exchange carrier, shall commence business as a public utility within this state, or shall engage in such business, or begin the construction of a plant, line, main, or other apparatus or appliance to be used therein, in any town in which it shall not already be engaged in such business, or shall exercise any right or privilege under any franchise not theretofore actually exercised in such town, without first having obtained the permission and approval of the commission.
II. No permission or approval under this section shall be required to be obtained by a foreign electric utility as defined in RSA 374-A:1 in connection with its participation in an electric power facility as defined in said section where the electric utility having the largest financial interest therein and the utility or utilities having primary responsibility for the construction or operation of the facility are domestic electric utilities as defined in said section or have obtained such permission.
III. No water company shall obtain the permission or approval of the commission to operate as a public utility without first satisfying any requirements of the department of environmental services concerning the suitability and availability of water for the applicant's proposed water utility.

Source. 1911, 164:13. 1913, 145:13. PL 240:21. RL 289:21. 1951, 203:38. RSA 374:22. 1975, 501:4. 1981, 449:2. 1985, 222:1. 1989, 138:6. 1996, 228:51, eff. July 1, 1996. 2012, 177:10, eff. Aug. 10, 2012.

Electric Utilities Service Territories

Section 374:22-a

    374:22-a Repealed by 1989, 240:8, II, eff. July 23, 1989. –

Section 374:22-b

    374:22-b Repealed by 1989, 240:8, III, eff. July 23, 1989. –

Section 374:22-c

    374:22-c Repealed by 1989, 240:8, IV, eff. July 23, 1989. –

Section 374:22-d

    374:22-d Repealed by 1989, 240:8, V, eff. July 23, 1989. –

Telephone Utilities Service Territories

Section 374:22-e

    374:22-e Service Territories; Department of Energy Jurisdiction. –
I. If 2 or more telephone utilities find that they provide the same service in the same area or that existing maps create overlapping service territories, the department of energy, upon application by one or both of the affected utilities, shall define, alter, or establish service territories. In establishing or altering service territories, the department of energy shall consider the following:
(a) Existing service areas;
(b) Any voluntary agreements between or among 2 or more such telephone utilities which define the service territories of those utilities;
(c) Consistency with the orderly development of the region;
(d) Natural geographical boundaries;
(e) Compatibility with the interests of all consumers; and
(f) All other relevant factors.
II. The department of energy shall have power to exercise the jurisdiction conferred in this section only after due notice to all interested parties and hearing. After consideration of the factors established by paragraph I of this section, and after making findings that the service territories established or altered are consistent with the public good, the department of energy shall establish the service territory of each telephone utility. The service territory thus established shall be sufficiently definite and precise so that its boundaries may be accurately determined.

Source. 1990, 109:1, eff. June 12, 1990. 2021, 91:267, eff. July 1, 2021.

Section 374:22-f

    374:22-f Repealed by 2008, 350:2, eff. Sept. 5, 2008. –

Section 374:22-g

    374:22-g Service Territories Served by Certain Telephone Utilities. –
I. To the extent consistent with federal law and notwithstanding any other provision of law to the contrary, all telephone franchise areas served by a telephone utility that provides local exchange service, subject to the jurisdiction of the department of energy, shall be nonexclusive. The department of energy, upon petition or on its own motion, shall have the authority to authorize the providing of telecommunications services, including local exchange services, and any other telecommunications services, by more than one provider, in any service territory, when the department of energy finds and determines that it is consistent with the public good unless prohibited by federal law.
II. In determining the public good, the department of energy shall consider the interests of competition with other factors including, but not limited to, fairness; economic efficiency; universal service; carrier of last resort obligations; the incumbent utility's opportunity to realize a reasonable return on its investment; and the recovery from competitive providers of expenses incurred by the incumbent utility to benefit competitive providers, taking into account the proportionate benefit or savings, if any, derived by the incumbent as a result of incurring such expenses.
III. The department of energy shall adopt rules, pursuant to RSA 541-A, relative to the enforcement of this section.

Source. 1995, 147:3. 2008, 350:1, eff. Sept. 5, 2008. 2021, 91:268, eff. July 1, 2021. 2022, 245:25, eff. Aug. 20, 2022.

Section 374:22-h

    374:22-h Repealed by 2022, 323:1, IV, eff. Sept. 6, 2022. –

Section 374:22-i

    374:22-i Organization and Compensation. – The oversight committee shall have a chairperson who shall be chosen by vote from among the committee membership. The chairperson's term of office shall be for the biennium. The committee shall have a clerk who shall be chosen by vote by members of the committee. The clerk's term of office shall be for the biennium. The committee shall meet immediately upon the close of each legislative session. Four members of the committee shall constitute a quorum. The legislative members of the committee shall receive legislative mileage when in performance of their duties.

Source. 1997, 201:1. 2008, 27:2, eff. Nov. 1, 2008.

Section 374:22-j

    374:22-j Duties of the Oversight Committee. –
The committee's duties shall include, but not be limited to:
I. Examining the restructuring of telecommunications services and rates.
II. Examining the issue of the resale of telecommunications services and the feasibility of facilitating the resale process.
III. Considering the feasibility and cost-effectiveness of installing certain high-speed telecommunications lines.
IV. Exploring the feasibility of establishing special rates for educational institutions, to the extent that it has not occurred.
V. Examining the issue of rural access and delivery.
VI. Examining the expansion of internet access to all parts of New Hampshire, including rural areas.
VII. Examining the improvement of access to on-line services.
VIII. Examining the issues of encryption and data security in computer networks.
IX. Examining the issue of municipal aggregation of local, toll, and other telecommunications services.
X. Monitoring the issue of special contracts by telephone utilities.
XI. Examining the issue of non-disclosure by telecommunications carriers of customer information including information related to services subscribed to by individual customers.
XII. Examining the issue of network congestion on facilities and equipment owned by telephone utilities.
XIII. Monitoring the progress of the office of department of energy in relation to wireless telecommunications facilities.
XIV. Monitoring the progress of a la carte programming substitute initiatives to a la carte programming in the cable television industry, and monitoring impacts of television violence on children and initiatives addressing those concerns.
XV. Submitting a report, together with any recommendations for legislation, to the speaker of the house of representatives, the senate president, and the governor on or before November 1 of each year.
XVI. Examining the assessment of surcharges on pay telephone use.
XVII. Studying the implementation of a statewide emergency notification system which is appropriate for both state and local needs and considering possible funding sources for such system. The committee shall consider a reverse 911-system and other means of notification.

Source. 1997, 201:1. 2000, 179:2. 2001, 218:1. 2003, 319:9. 2004, 257:44. 2007, 229:1, eff. June 25, 2007. 2017, 156:64, eff. July 1, 2017. 2021, 91:200, eff. July 1, 2021.

Shared Tenant Services

Section 374:22-k

    374:22-k Definitions. –
In this subdivision:
I. "Number retention" means the ability of a telephone service customer to retain that customer's direct inward dialing telephone number at the same location, or a different location served by the central office that provides private branch exchange service to the shared tenant services provider, when switching service providers.
II. "Private branch exchange" means a telephone switch that can switch voice and data communications among the users of such switch, to the local telephone utility's central office or directly to inter-exchange carriers.
III. "Shared tenant services" means voice and data communications services under which tenants at a single building, business park, office park, or mall are provided with such services through a private branch exchange.

Source. 1997, 288:1, eff. Jan. 1, 1998.

Section 374:22-l

    374:22-l Shared Tenant Services Authorized; Limited Regulation. –
I. The department of energy shall authorize the provision of shared tenant services by providers meeting the minimum requirements established by the department of energy to operate shared tenant services networks.
II. Providers of shared tenant services shall be subject to the following limited regulation by the department of energy:
(a) Providers of shared tenant services shall disclose to tenants and prospective tenants all pricing information relative to their services in the manner prescribed by the department of energy.
(b) Providers of shared tenant services shall disclose to tenants and prospective tenants that they can at their option obtain basic exchange and other service from an authorized local telephone utility rather than from the shared tenant services provider.
(c) Without penalty and in accordance with the rules of the department of energy, telephone number retention and access to telecommunications services shall be permitted by providers of shared tenant services and authorized local telephone utilities into and out of shared tenant services properties.
(d) The department of energy shall have jurisdiction to hear matters pertaining to the unauthorized provision of shared tenant services, violations of department rules relating to shared tenant services, and customer complaints against shared tenant services providers.

Source. 1997, 288:1, eff. Jan. 1, 1998. 2021, 91:269, eff. July 1, 2021.

Section 374:22-m

    374:22-m Rulemaking. –
The department of energy shall adopt rules, pursuant to RSA 541-A, relative to:
I. Minimum requirements for shared tenant services, including disclosure of available options and terms and prices of shared tenant services.
II. Customer access to services of authorized local telephone utilities.
III. Telephone number retention and recovery of costs, if any, associated with number retention.
IV. The charges a local telephone utility establishes for a shared tenant services provider to purchase services for use by the provider's tenants.
V. Procedures for complaints to the department regarding shared tenant services.

Source. 1997, 288:1, eff. Jan. 1, 1998. 2021, 91:269, eff. July 1, 2021.

Section 374:22-n

    374:22-n Penalty. – Any person who violates the provisions of this subdivision shall, after notice and an opportunity for hearing, be subject to a civil penalty not to exceed $1,000 per day of such violation.

Source. 1997, 288:1, eff. Jan. 1, 1998.

Section 374:22-o

    374:22-o Regulation of Competitive Telecommunications Providers Limited. – Any person or business entity authorized by the department of energy to engage in business as a competitive local exchange carrier and any competitive toll provider having less than a 10 percent share of toll revenue in New Hampshire shall not be required to seek prior department approval of financings or corporate organizational changes, including, without limitation, mergers, acquisitions, corporate restructurings, issuance or transfer of securities, or the sale, lease, or other transfer of assets or control. Nothing in this section shall exempt any such competitive telecommunications service provider from such advance notice as the department may prescribe or from the requirements of RSA 374:28-a or RSA 378:46.

Source. 2000, 276:4. 2001, 248:2, eff. Sept. 11, 2001. 2021, 91:270, eff. July 1, 2021.

Intrastate Telephone Service

Section 374:22-p

    374:22-p Affordable Telephone Service; Rulemaking; Standards. –
I. (a) For the purposes of this section, "Federal Telecommunications Act" means the federal Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56.
(b) For purposes of this section "basic service" means:
(1) Safe and reliable single-party, single line voice service;
(2) The ability to receive all noncollect calls, at telephone lines capable of receiving calls, without additional charge;
(3) The ability to complete calls to any other telephone line, which is capable of receiving calls, in the state;
(4) The opportunity to presubscribe to interLATA toll carriers;
(5) The opportunity to presubscribe to intraLATA toll carriers;
(6) Dialing parity;
(7) Number portability;
(8) Enhanced 911, pursuant to the requirements of the department of safety, bureau of emergency communications, or its successor agency;
(9) Access to statewide directory assistance;
(10) Telecommunications relay service (TRS);
(11) A published directory listing, at the customer's election;
(12) A caller identification blocking option, on a per-call basis;
(13) A caller identification line blocking option that is available to all customers without a recurring charge and is provided upon customer request without charge to customers who have elected nonpublished telephone numbers and is available without a nonrecurring charge to customers who certify that caller identification threatens their health or safety and is available without a nonrecurring charge when requested with installation of basic service;
(14) A blocking option for pay-per-call calls, such as blocking all 900 or all 976 area code calls;
(15) The ability to report service problems to the customer's basic service provider on a 24-hour basis, 7 days a week; and
(16) Automatic Number Identification (ANI) to other carriers which accurately identifies the telephone number of the calling party.
(c) Any combination of basic service along with any other service or feature offered by the telecommunications service provider is nonbasic service and shall not be regulated by the commission.
(d) Any telecommunications service provider which is not an incumbent local exchange carrier shall not be required to provide basic service.
II. Subject to RSA 362:6, the department of energy shall require every provider of intrastate telephone service to participate in outreach programs designed to increase the number of low-income telephone customers on the network through increased participation in any universal service program approved by the department and statutorily established by the legislature. Statewide outreach programs shall continue until further order of the department.
III. The department of energy shall seek to ensure that affordable basic telephone services are available to consumers throughout all areas of the state at reasonably comparable rates.
IV. (a) The department of energy shall maintain and update rules to implement this section and shall, after the statutory establishment of a universal service fund, require every provider of intrastate telephone services to contribute to a state universal service fund to support programs consistent with the goals of applicable provisions of this title and the Federal Telecommunications Act.
(b) If the department of energy, upon statutory establishment of a universal service program, establishes a state universal service fund pursuant to this section, the department shall contract with an appropriate independent fiscal agent that is not a state entity to serve as administrator of the state universal service fund. Program administration shall be designed in the most cost-effective manner possible. Funds contributed to a state universal service fund are not state funds and therefore are not subject to provisions of law relating to the general fund. Rules and any state universal service fund requirements established by legislative enactment and by the department pursuant to this section shall:
(1) Be reasonably designed to maximize federal assistance available to the state for universal service purposes.
(2) Meet the state's obligations under the Federal Telecommunications Act.
(3) Be consistent with the goals of the Federal Telecommunications Act.
(4) Ensure that any requirements regarding contributions to a state universal service fund be nondiscriminatory and competitively neutral.
(5) Require explicit identification on customer's bills of contributions to and in the event of fund termination, refunds from, any state universal service fund established pursuant to the section.
(6) Allow consideration in appropriate rulemaking proceedings of contributions to and in the event of fund termination, refunds from, any state universal service fund established pursuant to this section.
(c) For purposes of this section, "providers of intrastate telephone services" includes providers of radio paging service and, subject to the provisions of the Federal Communications Act as amended and codified at 47 U.S.C. sec. 332(c)(3)(A), mobile telecommunications services.
(d) Prior to requiring that providers of intrastate telephone service contribute to a state universal service fund and prior to statutory establishment of a universal service fund, the department of energy shall report to the general court its determination of the expected program costs, the amount and type of the funding mechanism, the number of people proposed to be served, the level of proposed service, and the administrative design of the proposed fund.
V. The department of energy, annually, shall assess the penetration rate of basic telephone services. If this penetration rate ever falls below the national average penetration rate, the department shall commence an investigation and take steps to enhance telephone market penetration. The department, annually, shall assess the success of any action taken by the department to achieve the purpose of this section. The public policy goal should be to raise the low income penetration level as close as reasonably possible to the statewide average.
VI, VII. [Repealed.]
VIII. Notwithstanding the provisions of RSA 374:1-a:
(a) Incumbent local exchange carriers, whether qualified as an excepted local exchange carrier or otherwise, may not discontinue residential basic service, regardless of technology used, in any portion of their franchise area unless the department of energy determines that the public good will not be adversely affected by such withdrawal of service;
(b) Rates for basic service of incumbent local exchange carriers which qualify as excepted local exchange carriers may not increase by more than 5 percent for Lifeline Telephone Assistance customers and by more than 10 percent for all other basic service customers in each of the 8 years after the effective date of this paragraph or the effective date of an existing alternative plan of regulation, except for additional rate adjustments, with department of energy review and approval, to reflect changes in federal, state, or local government taxes, mandates, rules, regulations, or statutes; and
(c) Incumbent local exchange carriers which qualify as excepted local exchange carriers shall report the rates for basic service to the department of energy within 60 days of the effective date of this paragraph and upon any changes to the rates.

Source. 2001, 220:3. 2004, 132:6, eff. July 18, 2004. 2012, 177:11, 12, eff. Aug. 10, 2012. 2013, 279:6, eff. July 27, 2013. 2021, 91:270, eff. July 1, 2021.

Public Interest Payphones

Section 374:22-q

    374:22-q Repealed by 2021, 19:4, I, eff. July 5, 2021. –

Granting of Permission for Extensions, New Business, Etc.

Section 374:23

    374:23 Repealed by 1977, 304:2, eff. Aug. 26, 1977. –

Section 374:24

    374:24 Foreign Business Entity. – No permission under RSA 374:22 shall be granted to any business entity not organized under the laws of this state, and no authority to transfer or lease the franchises, works, or system, or any part of the franchises, works, or system of any public utility in this state to any such business entity shall be granted under RSA 374:30. Business entities which are public utilities organized under the laws of another state and which furnish utility service in towns outside the state may furnish utility service to New Hampshire towns adjacent to the state boundaries when the public utilities commission finds this service to be in the public interest.

Source. 1913, 145:13. PL 240:22. RL 289:22. RSA 374:24. 1967, 181:1. 1981, 449:3, eff. Aug. 22, 1981.

Section 374:25

    374:25 Exceptions. –
RSA 374:24 shall not apply to:
I. Any business entity operating a public utility plant in this state on June 1, 1911, or doing or desiring to do an interstate business;
II. Any electric utility as defined in RSA 374-A:1 participating or desiring to participate in an electric power facility within this state in accordance with RSA 374-A;
III. Any foreign business entity authorized by the Interstate Commerce Commission to operate motor vehicles for the carriage of passengers for hire in interstate commerce over the highways of this state which presently conducts or desires to conduct the business of transportation of passengers and/or baggage, mail, newspapers and express in the same vehicles with passengers for hire by motor vehicles in intrastate commerce; or
IV. Any telecommunications utility, foreign or domestic, fully registered with the New Hampshire secretary of state and in compliance with commission requirements.

Source. 1913, 145:13. PL 240:23. RL 289:23. RSA 374:25. 1955, 101:1. 1975, 501:2. 1981, 449:4. 1994, 193:4, eff. July 23, 1994.

Section 374:26

    374:26 Permission. – The commission shall grant such permission whenever it shall, after due hearing, find that such engaging in business, construction or exercise of right, privilege or franchise would be for the public good, and not otherwise; and may prescribe such terms and conditions for the exercise of the privilege granted under such permission as it shall consider for the public interest. Such permission may be granted without hearing when all interested parties are in agreement.

Source. 1911, 164:13. 1913, 145:13. PL 240:24. RL 289:24. RSA 374:26. 1961, 130:1, eff. July 17, 1961.

Section 374:26-a

    374:26-a Repealed by 2007, 25:12, I, eff. May 11, 2007. –

Section 374:27

    374:27 Time Limit. – Authority granted under RSA 374:20-22 and 374:24-26 may only be exercised within 2 years after the same shall be granted, and shall not be exercised thereafter.

Source. 1911, 164:13. 1913, 145:13. PL 240:25. RL 289:25.

Discontinuance of Service

Section 374:28

    374:28 Authority of Commission. – The commission may authorize any public utility to discontinue, temporarily or during such portion of each year as the commission may deem expedient, any part of its service whenever it shall appear that such temporary or seasonal discontinuance will not unreasonably inconvenience the public, or to discontinue the same permanently and remove the equipment essential to the same, whenever it shall appear that the public good does not require the further continuance of such service. The commission, upon its own motion or upon petition of any interested party, may make an order withdrawing from a public utility its authority to engage in business in all or any part of the territory in which it is authorized to operate whenever it shall find, after notice and public hearing, that said utility has declined or unreasonably failed to render service in said territory or that its service in said territory is inadequate, no sufficient reason for such inadequacy appearing.

Source. 1917, 82:1. 1921, 139:1. PL 240:26. 1927, 125:1. RL 289:26.

Section 374:28-a

    374:28-a Slamming Prohibited. –
I. "Slamming" is any practice that changes a consumer's telecommunications or energy-related service carrier or provider without the customer's knowledge or consent. For purposes of this section, a "customer" shall mean the person to whom the telecommunications or energy-related services are billed, or that person's designee.
II. No person shall engage in slamming. Any person that engages in slamming shall be subject to an administrative fine in an amount to be determined by the commission, not to exceed $2,000 per offense. The commission may consider intent as a factor when assessing administrative fines.
III. The commission, upon its own motion or upon petition of any interested party, may withdraw the person's authorization to engage in business in all or any part of the territory in which it is authorized to operate whenever it shall find, after notice and public hearing, that said person has engaged in slamming.
IV. The commission shall adopt rules, pursuant to RSA 541-A, and consistent with rules adopted by the Federal Communications Commission regarding telecommunications slamming, to enforce the provisions of this section.

Source. 1998, 175:2, eff. June 15, 1998.

Leases, Stock Ownership, Etc.

Section 374:29

    374:29 Repealed by 1985, 402:39, V. –

Section 374:30

    374:30 Other Public Utility Leases, Etc. –
I. Any public utility may transfer or lease its franchise, works, or system, or any part of such franchise, works, or system, exercised or located in this state, or contract for the operation of its works and system located in this state, when the commission shall find that it will be for the public good and shall make an order assenting thereto, but not otherwise, except that commission approval shall not be required for any such transfer, lease, or contract by an excepted local exchange carrier. The commission may, by general order, authorize a public utility to transfer to another public utility a part interest in poles and their appurtenances for the purpose of joint use by such public utilities.
II. An incumbent local exchange carrier that is an excepted local exchange carrier may transfer or lease its franchise, works, or system, or any part of such franchise, works, or system, exercised or located in this state, or contract for the operation of its works and system located in this state, when the commission finds the utility to which the transfer is to be made is technically, managerially, and financially capable of maintaining the obligations of an incumbent local exchange carrier set forth in RSA 362:8 and RSA 374:22-p.

Source. 1911, 164:13. 1913, 145:13. PL 240:28. RL 289:28. 1943, 29:1. 1951, 203:39, eff. Sept. 1, 1951. 2012, 177:13, eff. Aug. 10, 2012.

Section 374:31

    374:31 Leases, Etc., When Void. – If commission approval is required pursuant to RSA 374:30 for any transfer, lease, or contract, any such attempted transfer, lease, or contract shall be void unless the same shall have been approved by the commission.

Source. 1911, 164:13. 1913, 145:13. PL 240:29. RL 289:29. 2012, 177:13, eff. Aug. 10, 2012.

Section 374:32

    374:32 Corporate Authorization. – Except when the public utility is an excepted local exchange carrier, if such public utility, or the other party to any such transfer, lease, or contract, be a corporation and if the commission shall find that the public good so requires, such transfer, lease, or contract shall first be authorized by the vote of 2/3 of the shares of the capital stock of each of the interested corporations present and voting at meetings duly called to consider the subject; and all statutes regulating, protecting, and determining the rights of a dissenting stockholder of a railroad in the case of a lease or union with another railroad shall be applicable, and the rights of any stockholder of such corporation dissenting from such transfer, lease, or contract, if the same shall be authorized as above provided, shall be regulated, protected, and determined by such statutes.

Source. 1915, 52:1. PL 240:30. RL 289:30. 1953, 176:1, eff. May 21, 1953. 2012, 177:13, eff. Aug. 10, 2012.

Section 374:33

    374:33 Acquiring Stocks, Etc. – No public utility or public utility holding company as defined in section 2(a)(7)(A) of the Public Utility Holding Company Act of 1935 shall directly or indirectly acquire more than 10 percent, or more than the ownership level which triggers reporting requirements under 15 U.S.C. section 78-P, whichever is less, of the stocks or bonds of any other public utility or public utility holding company incorporated in or doing business in this state, unless the commission finds that such acquisition is lawful, proper, and in the public interest, except that commission approval shall not be required for any acquisition of an excepted local exchange carrier. Nothing in this section shall prevent a public utility being in fact the owner on June 1, 1911, of the majority of the capital stock of any other public utility, or leasing or operating such other public utility, from acquiring the balance or all of the outstanding capital stock of such other public utility a majority of which stock is so owned or which is so leased or operated.

Source. 1911, 164:13. 1913, 145:13. PL 240:31. RL 289:31. 1951, 203:40. RSA 374:33. 1990, 113:1. 1993, 330:3, eff. Aug. 28, 1993. 2012, 177:13, eff. Aug. 10, 2012.

Section 374:33-a

    374:33-a Recovery of Costs, Fees and Expenses. – In any proceeding under RSA 374:33 in which the public utilities commission determines that the proposed acquisition is not lawful, proper, or in the public interest, the public utilities commission shall review the costs incurred by the target company incident to the proceeding, determine which of those costs are reasonable and prudently incurred, and shall then require that the unsuccessful acquirer reimburse such costs to the target company. The public utilities commission is further prohibited from including in rates to ratepayers any of the costs, including, without limitation, all disbursement, expert witness fees, and reasonable attorney's fees incurred by either party in such proceeding. This section shall not apply to costs and expenses incurred prior to July 19, 1991.

Source. 1991, 150:1, eff. July 19, 1991.

Section 374:34

    374:34 Transfers, Etc., When Void. – Every contract, assignment, transfer or agreement for transfer of any stock, by or through any person or corporation, to any corporation in violation of any provision of RSA 374:33 shall be void and of no effect, and no such transfer or assignment shall be made upon the books of any public utility or recognized as effective for any purpose.

Source. 1911, 164:13. 1913, 145:13. PL 240:32. RL 289:32.

Pole Attachments

Section 374:34-a

    374:34-a Pole Attachments. –
I. In this subdivision, a "pole" means any pole, duct, conduit, or right-of-way that is used for wire communications or electricity distribution and is owned in whole or in part by a public utility, including a rural electric cooperative for which a certificate of deregulation is on file with the commission pursuant to RSA 301:57.
II. Whenever a pole owner is unable to reach agreement with a party seeking pole attachments, the commission shall regulate and enforce rates, charges, terms, and conditions for such pole attachments, with regard to the types of attachments regulated under 47 U.S.C. section 224, to provide that such rates, charges, terms, and conditions are just and reasonable. This authority shall include but not be limited to the state regulatory authority referenced in 47 U.S.C. section 224(c).
III. The department of energy shall adopt rules under RSA 541-A to carry out the provisions of this section, including appropriate formula or formulae for apportioning costs, and shall adopt rules under RSA 541-A implementing the provisions of One Touch Make Ready (OTMR) as adopted by the Federal Communications Commission in 47 CFR 1.1411(j).
IV. In exercising its authority under this subdivision, the department of energy shall consider the interests of the subscribers and users of the services offered via such attachments, as well as the interests of the consumers of any pole owner providing such attachments.
V. Nothing in this subdivision shall prevent parties from entering into pole attachment agreements voluntarily, without department approval. In entering into pole attachment agreements, all parties shall abide by the timelines established by the department in rules adopted pursuant to RSA 541-A, for negotiating and implementing pole attachments. The failure of any party to do so may be considered a lack of good faith negotiation, unless each party agrees to following alternate timelines.
VI. Any pole owner shall provide nondiscriminatory access to its poles for the types of attachments regulated under this subdivision. A pole owner may deny access to its poles on a nondiscriminatory basis where there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes.
VII. The commission shall have the authority to hear and resolve complaints concerning rates, charges, terms, conditions, voluntary agreements, or any denial of access relative to pole attachments.
VIII. The department of energy and the public utilities commission shall retain their authority to regulate the safety, vegetation management, emergency response, and storm restoration requirements for poles, conduits, ducts, pipes, pole attachments, wires, cables, and related plant and equipment of public utilities and other private entities located within public rights-of-way and on, over, or under state lands and water bodies.

Source. 2007, 340:1, eff. July 16, 2007. 2012, 177:14, eff. Aug. 10, 2012. 2021, 91:271, eff. July 1, 2021; 198:2, Pt. II, Sec. 1, eff. Oct. 9, 2021. 2022, 245:26, eff. Aug. 20, 2022.

Section 374:34-b


[RSA 374:34-b repealed by 2023, 138:2, effective July 1, 2029.]
    374:34-b Utility Pole Stakeholder's Group –
There is established in the department of energy a stakeholder's group to address utility poles and attachments in the state. The stakeholder's group shall be under the direction of the director of the division of enforcement.
I. The stakeholder's group shall consist of:
(a) The chairperson of the public utilities commission, or designee.
(b) The commissioner of the department of transportation, or designee.
(c) The following members appointed by the governor:
(1) One member nominated by the New Hampshire Municipal Association.
(2) Two members representing different companies owning poles in New Hampshire who are members of the New Hampshire Telephone Association (NHTA).
(3) One member from a New Hampshire electric cooperative.
(4) Two members from investor-owned New Hampshire electric utilities.
(5) One member each from a competitive telephone utility and a provider of cellular telephone service, which are currently attached to poles in New Hampshire.
(6) One member representing the New England Cable and Telecommunications Association, Inc. (NECTA).
II. Responsibilities of the stakeholder's group include:
(a) Increasing utilization, improving functionality of attachment management systems (e.g., NJUNS), and identifying solutions to resolve communication issues among all parties.
(b) Increasing participation in NJUNS, or another centralized system of information sharing.
(c) Exploring enhancements to attachment management systems (e.g. NJUNS) which result in greater efficiency and less delay.
(d) Continuing the focus on attachment identification and pole location information.
(e) Addressing specifically, PUC rules 1303,06, 1303.07 and 1303.12 regarding pole transfers.
III. The frequency of the meetings of the stakeholder's group shall be at the discretion of the director of the division of enforcement.
IV. On or before November 1 of each year, the department of energy shall report on the stakeholder's group to the president of the senate, the speaker of the house of representatives, and the chairs of the senate and house committees with jurisdiction over energy and utilities.

Source. 2023, 138:1, eff. Aug. 29, 2023.

Transmitting Electricity Out of the State

Section 374:35

    374:35 Repealed by 2021, 91:272, I, eff. July 1, 2021. –

Section 374:36

    374:36 Repealed by 2021, 91:272, II, eff. July 1, 2021. –

Investigation of Accidents

Section 374:37

    374:37 By Department. – The department of energy shall investigate the causes of all accidents in connection with the operation of public utilities in the state, which, in the opinion of the commission or the department of energy, ought to be investigated.

Source. 1911, 164:15. 1913, 145:16. PL 240:35. RL 289:35. 1951, 203:42. RSA 374:37. 1985, 402:20. 2021, 91:273, eff. July 1, 2021.

Section 374:38

    374:38 Manner. – Any such investigation may be made by the department of energy in such manner as the department of energy may determine.

Source. 1911, 164:15. 1913, 145:16. PL 240:36. RL 289:36. 2021, 91:273, eff. July 1, 2021.

Section 374:39

    374:39 Reports. – Every public utility shall report to the department of energy and the commission accidents occurring in connection with the operation of its business wherein loss of life occurs or any person is injured, or of such a nature as to endanger the safety, health or property of its consumers or the public, as and whenever directed by such rules and regulations as the department of energy and the commission may prescribe.

Source. 1913, 145:16. PL 240:37. RL 289:37. 1951, 203:43, eff. Sept. 1, 1951. 2021, 91:273, eff. July 1, 2021.

Section 374:40

    374:40 Publicity. – Reports of accidents filed under RSA 374:39 shall not be made public otherwise than in the published reports of the commission or the department of energy.

Source. 1913, 145:16. PL 240:38. RL 289:38. 2021, 91:273, eff. July 1, 2021.

Proceedings for Failure to Perform Duties

Section 374:41

    374:41 Commission May Institute. – Whenever the commission shall be of opinion that a public utility is failing or omitting, or about to fail or omit, to do anything required of it by law or by order of the commission, or is doing anything, or about to do anything, or permitting anything, or about to permit anything, to be done contrary to, or in violation of, law or any order of the commission, it shall have authority to lay the facts before the attorney general, and to direct him immediately to begin an action in the name of the state praying for appropriate relief by mandamus, injunction or otherwise.

Source. 1911, 164:16. PL 240:39. RL 289:39. 1951, 203:44, eff. Sept. 1, 1951.

Section 374:42

    374:42 Answer; Hearing. – Upon the beginning of such suit, it shall be the duty of the court to specify the time, not exceeding 20 days after service of a copy of the petition, within which the defendant complained of must answer. In case of default in answer, or after answer, the court shall immediately make inquiry into the facts and circumstances without other or formal pleadings and without respect to any technical requirement.

Source. 1911, 164:16. PL 240:40. RL 289:40.

Section 374:43

    374:43 Parties. – Such other persons or corporations as the court shall deem necessary or proper to join as parties in order to make its order, judgment or writs effective may be joined as parties upon application of counsel.

Source. 1911, 164:16. PL 240:41. RL 289:41.

Section 374:44

    374:44 Judgment. – The final judgment in any such action or proceeding shall either dismiss the action or proceeding, or direct that a writ of mandamus, an injunction or other appropriate process shall issue as prayed for in the petition, or in such modified or other form as the court may determine will afford appropriate relief.

Source. 1911, 164:16. PL 240:42. RL 289:42.

Section 374:45

    374:45 Precedence. – All actions and proceedings under this title, and all actions and proceedings commenced or prosecuted by order of the commission, or to which the commission may be a party or in which any question arises under this title, or under or concerning any order or action of the commission, shall be preferred over all other civil causes except election causes in all courts of the state, and shall be heard and determined in preference to all other civil business pending therein excepting election causes, irrespective of position on the calendar, and any such action or proceeding may, upon motion of counsel for the state, be heard in a different county from that in which it was begun if such course will expedite a final decision.

Source. 1911, 164:16. PL 240:43. RL 289:43.

Section 374:46

    374:46 Other Counsel. – If, in the opinion of the commission, there shall at any time be occasion therefor, the commission may request the attorney general, or may employ other counsel, to represent the state in cases arising under RSA 374:41 or wherein any act or order of the commission is involved.

Source. 1911, 164:16. PL 240:44. RL 289:44.

Section 374:47

    374:47 Compensation of Counsel. – Such counsel shall be allowed reasonable fees and their necessary disbursements, to be approved by the governor and council and paid by the state.

Source. 1911, 164:16. PL 240:45. RL 289:45.

Section 374:47-a

    374:47-a Receiver for Public Utilities. – In addition to the procedure in RSA 374:41-47, whenever the commission finds that a public utility regulated by the commission and having gross annual revenues of less than $2,000,000 is failing to provide adequate and reasonable service to its customers, and that such failure is a serious and imminent threat to the health and welfare of the customers of the utility, the commission may appoint a receiver or direct its staff to take such temporary action as is necessary to assure continued service. The commission may also appoint a receiver or direct its staff to take such temporary action as is necessary to assure continued service if, after notice and hearing, the commission finds that any public utility regulated under this chapter is consistently failing to provide adequate and reasonable service. In carrying out its responsibilities, the staff shall have the authority to gain access to all company utility assets and records, and to manage the company's assets in a manner which will restore or maintain an acceptable level of service. They shall be authorized to expend existing company utility revenues for labor and materials and to commit additional expenditures as are essential to providing an acceptable level of service, such expenditures to be funded in accordance with generally accepted ratemaking practices. Any costs incurred by the commission, its staff or appointed receiver under this section shall be the responsibility of the utility or its customers. The authority vested in this section shall be for a period of no more than 30 days, unless the commission otherwise directs after hearing and order.

Source. 1989, 74:1. 1992, 169:1, eff. July 7, 1992.

Underground Facility Damage Prevention System

Section 374:48

    374:48 Definitions. –
In this subdivision:
I. "Commission" means the public utilities commission.
II. [Repealed.]
II-a. "Department" means the department of energy.
III. "Excavate", "excavating", or "excavation" means any operation conducted on private property or in a public way, right-of-way, easement, public street, or other public place, in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of any tools, equipment, or explosive, and includes but is not limited to drilling, grading, boring, milling, trenching, tunneling, scraping, tree and root removal, cable or pipe plowing, fence or sign post installation, pile driving, wrecking, razing, rending, or moving any structure or mass material, but does not include the tilling of soil for agricultural purposes, landscaping and maintenance of residential property performed with non-mechanized equipment, landscaping activities performed with mechanized equipment that are intended to cut vegetation, including lawn edging, aeration, and de-thatching, excavations permitted or grandfathered under RSA 155-E, or replacement of department-of-transportation-installed delineator posts in the same location.
IV. "Excavator" means any person performing excavation.
IV-a. "Operator" means any public utility as defined by RSA 362:2 or RSA 362:4, any cable television system as defined by RSA 53-C:1, and any liquefied petroleum gas company operating any jurisdictional facility or facilities as defined by the Natural Gas Pipeline Safety Act (49 U.S.C. chapter 601) that owns or operates underground facilities.
V. "Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.
VI. "System" means the underground facility damage prevention system referred to in RSA 374:49.
VII. "Underground facility" or "facility" means any property which is buried, placed below ground, or submerged on a public way, private property, right-of-way, easement, public street, or other public place and is being used or will be used for the conveyance of cable television, electricity, gas, sewerage, steam, telecommunications, or water.
VIII. "Blasting" means excavation by means of explosives.

Source. 1983, 294:1. 1997, 298:3-5, 15. 1999, 289:13. 2001, 186:1, 2. 2007, 25:4, 5, eff. May 11, 2007. 2010, 191:3, eff. Aug. 20, 2010. 2021, 91:274, eff. July 1, 2021.

Section 374:49

    374:49 Damage Prevention System. – Each operator shall participate in an underground facility damage prevention system. The system shall operate during regular business hours throughout the year, except Saturdays, Sundays and legal holidays. The system shall receive notices of proposed excavations and transmit such notices to its members.

Source. 1983, 294:1. 1997, 298:6, eff. June 20, 1997. 2010, 191:3, eff. Aug. 20, 2010.

Section 374:50

    374:50 Rulemaking. –
The department shall adopt rules, pursuant to RSA 541-A, relative to:
I. Minimum requirements for the operation of the system, including notification procedures.
II. Procedures for the investigation of complaints relating to this subdivision.
III. Emergency situations for which prior notice of excavation pursuant to RSA 374:51, II is not required.

Source. 1983, 294:1. 2007, 25:6, eff. May 11, 2007. 2021, 91:275, eff. July 1, 2021.

Section 374:51

    374:51 Notification by Excavator. –
I. No person shall perform an excavation within 100 feet of an underground facility, except in an emergency, without first giving notification as required by this section. In an emergency, notification shall be given at the earliest practicable moment.
II. At least 72 hours before a proposed excavation, but not including Saturdays, Sundays and legal holidays, each person required to give notice of an excavation shall notify the damage prevention system referred to in RSA 374:49. Such notice shall occur no more than 30 days before the proposed excavation is to be made.
III. Notice may be in writing, by telephone or by any other reasonable means.
IV. Prior to complying with the notification requirements of paragraph II, an excavator must premark the area as provided in this paragraph, which means identifying the perimeter of the proposed site of the excavation by marking the perimeter in an appropriate manner in the color white paint, stakes, or other suitable white markings on non-paved surfaces. No such premarking shall be acceptable if the marks interfere with traffic or pedestrian control, or are misleading to the general public. Premarking shall not be required on any continuous excavation that is over 100 feet in length, or any pole replacement that is within 5 feet of an existing location. If an excavation is over 100 feet in length or a pole replacement is within 5 feet of an existing location, the excavator shall communicate the perimeter of the excavation by means of a description of the area or construction plans, or have an on-site meeting with affected operators or other suitable means acceptable to the parties.
V. When making the notification required by this section, the excavator shall identify which of the methods described in paragraph IV will be used to identify the proposed excavation.
VI. The excavator's notification shall be valid for 30 calendar days from the date and time of confirmation of notification by the underground facility damage prevention system.
VII. If an excavator is aware that blasting will be required during an excavation, the excavator shall inform the damage prevention system when providing notice of the excavation. If an excavator determines during the effective term of the excavator's notification that blasting is required within the area premarked in accordance with paragraph IV, the excavator shall notify the damage prevention system of the need to blast. Notification shall be made at least 24 hours prior to any blasting, not including Saturdays, Sundays, and legal holidays. In the case of unanticipated obstructions that prevent further excavation without blasting, the excavator shall provide separate notice of such blasting not less than 4 contiguous hours in advance of such blasting, not including the hours of 4:00 p.m. to 6:00 a.m. weekdays, or all of Saturdays, Sundays, and legal holidays.

Source. 1983, 294:1. 1997, 298:7, 8. 1999, 289:14. 2001, 186:3. 2007, 25:7, 8, eff. May 11, 2007. 2010, 191:3, eff. Aug. 20, 2010.

Section 374:52

    374:52 Notification by System. – Upon receipt of notice of a proposed excavation, the system shall notify all affected members.

Source. 1983, 294:1. 1997, 298:9, eff. June 20, 1997.

Section 374:53

    374:53 Response by Operator. – Within 72 hours after receipt of notice from a proposed excavator or from the system of a proposed excavation, but not including Saturdays, Sundays, and legal holidays, an operator shall mark the location of its underground facilities in the area of the proposed excavation. An operator and an excavator may by agreement fix a later time for the operator's marking of its facilities. Once an operator has marked the location of its facilities in the area of an excavation, the excavator shall be responsible for maintaining the markings. An operator who participates in an underground facility damage prevention system shall not be required to locate underground facilities not owned by the operator; underground facilities which the owner shall not be required to locate may include, but shall not be limited to, facilities running from a house to a garage or other outbuilding.

Source. 1983, 294:1. 1997, 298:10. 2001, 186:4, eff. Jan. 1, 2002. 2010, 191:3, eff. Aug. 20, 2010.

Section 374:54

    374:54 Notice of Damage. – When any underground facility is damaged, the excavator causing the damage shall immediately notify the affected operator. The excavation shall not be backfilled without first receiving permission from the operator whose facility was damaged.

Source. 1983, 294:1. 1997, 298:11, eff. June 20, 1997.

Section 374:55

    374:55 Civil Penalty. –
I. Proof that an excavation has been made without compliance with the notice requirement of RSA 374:51 and that damage to an underground facility has occurred shall be prima facie evidence in any court or administrative proceeding that the damage was caused by the negligence of the excavator.
II. Any excavator who does not give notice of or identify the proposed excavation area as required by RSA 374:51 or rules of the department regarding tolerance zones and marking procedures shall be subject to the penalties in paragraph VIII, in addition to any liability for the actual damages.
III. Any operator which does not mark the location of its underground facilities as required by RSA 374:53 or rules of the department regarding tolerance zones and marking procedures shall be subject to the penalties in paragraph VIII.
IV. If underground facilities are damaged because an operator does not mark its underground facilities as required by RSA 374:53, the operator shall be subject to the penalties in paragraph VIII, liable for damages sustained to its facilities and, in addition, shall be liable for any damages incurred by the excavator as a result of the operator's failure to mark such facilities.
V. If marked underground facilities are damaged, the excavator shall be subject to the penalties in paragraph VIII and liable for the cost of repairs for the damage.
VI. Any excavator who damages an underground facility and fails to notify the operator, or backfills the excavation without receiving permission, as required by RSA 374:54, shall be subject to the penalties in paragraph VIII.
VII. The department or any department employee, involved in an underground facility damage prevention program approved by the department and designated by the department, may enforce violations of this subdivision. Any excavator or operator that violates this subdivision shall be subject to the penalties in paragraph VIII. In addition, the department may assess the excavator for expenditures made to collect the civil penalty. Any excavator or operator which suffers damage resulting from violation of this subdivision may petition the department to initiate an enforcement action.
VIII. Any excavator or operator that does not comply with RSA 374:51 through 374:54 shall be required either to complete an underground facility damage prevention program approved by the department, or to pay a civil penalty of up to $500. The civil penalty may be up to $5,000 if the excavator or operator previously violated RSA 374:51 through 374:54 within the prior 12 months or if the violation results in bodily injury or property damages exceeding $50,000, excluding utility costs. This paragraph shall not apply to a homeowner excavating on his or her own property or to a legal occupant of residential property excavating on the property of his or her primary residence with the permission of the owner.

Source. 1983, 294:1. 1987, 72:1. 1990, 98:1, 2. 1991, 151:1. 1997, 298:12. 1999, 289:15. 2001, 186:5, eff. Jan. 1, 2002. 2010, 191:2, eff. Aug. 20, 2010. 2021, 91:276, eff. July 1, 2021.

Section 374:56

    374:56 Injunctions. – If any person is making or proposes to make an excavation in a negligent or unsafe manner which may result in damage to an underground facility, the operator which owns or maintains such facility may commence an action for a temporary restraining order or injunction to prevent the excavation.

Source. 1983, 294:1. 1997, 298:13, eff. June 20, 1997.

Purchase of Capacity

Section 374:57

    374:57 Purchase of Capacity. – Each electric utility which enters into an agreement with a term of more than one year for the purchase of generating capacity, transmission capacity or energy shall furnish a copy of the agreement to the commission no later than the time at which the agreement is filed with the Federal Energy Regulatory Commission pursuant to the Federal Power Act or, if no such filing is required, at the time such agreement is executed. The commission may disallow, in whole or part, any amounts paid by such utility under any such agreement if it finds that the utility's decision to enter into the transaction was unreasonable and not in the public interest.

Source. 1989S, 1:2, eff. Dec. 18, 1989.

Redundant Electric Lines

Section 374:58

    374:58 Redundant Lines. – No public utility or municipal utility shall construct redundant parallel electric utility lines. Such duplication of lines shall be deemed contrary to sound economic policy and contrary to the public interest. This section shall not apply until retail electric competition is certified to exist pursuant to RSA 38:36.

Source. 1997, 206:3, eff. July 1, 1997.

Telephone Number Conservation and Area Code Implementation Policy Principles

Section 374:59

    374:59 Telephone Number Conservation and Area Code Implementation Policy Principles. –
I. In this section:
(a) "Department" means the department of energy.
(b) "Geographic split" means the division of an area code into typically 2 areas each served by its own area code.
(c) "Overlay" means the addition of a new area code serving the same geographic area as the existing area code.
II. The department should promote and adopt telephone number conservation measures to the maximum extent allowed by federal law for area code 603 and any subsequently assigned New Hampshire area codes.
III. The department should adopt measures, to the maximum extent allowable by federal law and availability of technology, to provide that all customers of all suppliers have equitable access to all currently available unassigned telephone numbers and equitable access to numbers that have not been assigned to a customer which are available for porting to a second supplier. Blocks of telephone numbers that are currently assigned but may be retrievable if thousands number block pooling becomes available should be assigned on an equitable basis to all suppliers.
IV. The department should adopt measures, to the maximum extent allowable by federal law and availability of technology, to provide for local number portability by all suppliers of local exchange service.
V. To the extent that any one competitor is responsible for managing a pool of numbers which is to be assigned to customers of that competitor and other competitors, the department should adopt policies to require that the assignment and management of the numbers be kept segregated from the marketing portion of that competitor.
VI. When determining whether to implement a new area code via geographic split or overlay the department should consider, but not be limited to, the following criteria when determining the public interest:
(a) Which method best minimizes customer disruption from having to change numbers;
(b) Which method is the least costly for business and residents;
(c) Which method best minimizes customer confusion;
(d) Which method is the least costly for providers to implement;
(e) Which method most effectively conserves the total pool of telephone numbers once a new area code is created;
(f) Which method minimizes geographic controversy;
(g) Which method is most equitable to every resident and business in New Hampshire;
(h) Which method minimizes repeating the disruption of area code changes in the future;
(i) Which method best ensures public safety;
(j) Which method is more competitively neutral; and
(k) Which method utilizes best available technology and comprehensive telecommunications planning.

Source. 1999, 126:2, eff. June 10, 1999. 2021, 91:277, eff. July 1, 2021.

Gas Utility Restructuring Oversight Committee

Section 374:60

    374:60 Repealed by 2009, 71:1, eff. Aug. 8, 2009. –

Renewable Energy and Energy Efficiency Project Loan Programs

Section 374:61

    374:61 Renewable Energy and Energy Efficiency Project Loan Programs. – A public utility may seek authorization from the department of energy, either individually or in combination with other public utilities, to establish loan, financing, or cost amortization programs for owners and tenants of residential, public, nonprofit, and business property to finance or otherwise amortize cost effective fuel neutral renewable energy and energy efficiency investments and improvements to the owner's or tenant's premises. The total amount loaned in such programs shall not exceed $5,000,000. The department shall authorize terms, conditions, and tariffs for the repayment of such loans and financed or underwritten investments and improvements through charges billed through and that run with the meter or meters assigned to the location where the investments are located, provided that such investments or improvements to a tenant's premises are only made with the written consent of the owner or the owner's authorized management representative. Pursuant to RSA 477:4-h, the owner, seller, lessor, or transferor of any real property subject to unamortized or ongoing charges under such a tariff shall disclose such fact to a prospective buyer, lessee, or occupant who might be responsible for paying such charges as a condition of utility service. A public utility may not finance these loan, financing, or cost amortization programs through its rate base, nor earn its regulated rate of return on such program investments and improvements to the owner's or tenant's premises, unless such investment is approved as part of a strategy for minimizing transmission and distributions costs pursuant to RSA 374-G.

Source. 2010, 229:1, eff. Aug. 27, 2010. 2021, 91:278, eff. July 1, 2021.

Part Smart Meter Gateway Devices
Smart Meter Gateway Devices

Section 374:62

    374:62 Property Owner's Consent Required for Smart Meter Gateway Devices. –
I. In this subdivision:
(a) "Smart meter gateway device" means any electric utility meter, electric utility meter component, electric utility load control device, or device ancillary to the electric utility meter, which is located at an end-user's residence or business, and which serves as a communications gateway or portal to electrical appliances, electrical equipment, or electrical devices within the end-user's residence or business, or which otherwise communicates with, monitors, or controls such electrical appliances, electrical equipment, or electrical devices.
(b) "Electric utility" means any public utility, as defined in RSA 362:2, which is engaged in the sale or distribution of electricity ultimately sold to the public, any rural electric cooperative, without regard to whether a certificate of regulation or deregulation is on file with the public utilities commission, and any municipal electric system operating pursuant to RSA 38 within or outside its municipal boundaries.
II. (a) No electric utility that sells or provides electricity within the state of New Hampshire shall install a smart meter gateway device on or in a person's home or business without the written consent of the person or persons who own the home or business.
(b) An electric utility selling or providing electricity shall create a form that the person or persons who own the home or business must sign to opt-in to having a smart meter gateway device installed on or in his or her home or business. The form shall, in at least 12-point boldface type, state that:
(1) The opt-in is optional and one's service will not be affected if one elects not to opt-in; and
(2) The device is a "smart meter gateway device," and provide the definition in subparagraph I(a).
III. When an electric utility enrolls a homeowner or business owner for electrical service at his or her home or business, the electric utility shall disclose in writing whether a smart meter gateway device has been installed, and shall remove, or allow to be removed, all smart meter gateway devices upon written request of the homeowner or business owner.

Source. 2012, 150:1, eff. June 7, 2012.

Section 374:63

    374:63 Ratepayer-Funded Energy Efficiency Programs for Gas Utilities. – The commission may authorize a public utility providing natural gas service to participate in and recover costs associated with statewide energy efficiency programs, including any utility-specific aspects of such programs, provided that when the costs of such programs are recovered via the public utility's local distribution adjustment charge or a similar rate mechanism, any such charges be made subject to the requirements of RSA 374-F:3, VI-a for the energy efficiency portion of electric utility system benefits charges.

Source. 2022, 5:2, eff. Jan. 1, 2022.