N.H. Rev. Stat. § 12-P:17 — NH Code / Title I / Chapter 12-P / Section 17
12-P:17 Investigation.
Status: in_force

The department of energy shall conduct an investigation into the state of New Hampshire's withdrawal from ISO New England and other strategies to assure that New Hampshire ratepayers do not pay for public policy initiatives of other New England states, including environmental policies, in a manner that is unjust and unreasonable. It shall be funded by an assessment in accordance with RSA 365:37. I. This investigation shall answer the following questions: (a) What are the current rights and obligations of ISO New England? Which responsibilities, currently held by ISO New England, could New Hampshire meet on its own through state agencies, utilities, or otherwise? (b) Have other states, or utilities in other states, or both, left or considered leaving ISO New England or any other regional transmission organization? What has been the result of such initiatives? (c) What new capabilities would state government and/or utilities need to develop if New Hampshire were no longer participating in ISO New England? (d) What are the costs and benefits to New Hampshire of leaving ISO New England? Would the state and its electric ratepayers suffer economically inefficient outcomes as a result, including exit fees, duplication of investments or costs, or operational redundancies? (e) What effect would exiting ISO New England have on the reliability of the bulk power transmission system serving New Hampshire? (f) What are the benefits to New Hampshire of continued participation in ISO New England? What opportunities exist to improve such outcomes should New Hampshire continue to participate in ISO New England? (g) What impediments to ISO New England withdrawal exist as the result of federal law, state law, or other legal obligations? (h) How can a regional wholesale electricity market balance differing state policy goals while ensuring just and reasonable outcomes for New Hampshire utility customers? (i) What changes to existing ISO New England tariffs would be necessary in order to allow New Hampshire to withdraw from ISO New England? (j) What obligations would New Hampshire, and entities operating in New Hampshire, incur under the Federal Power Act if New Hampshire were to withdraw from ISO New England? (k) What alternative regulatory structures, beyond reliance on a regional transmission organization like ISO New England, should New Hampshire consider to assure that New Hampshire electric customers receive safe and reliable service at the lowest possible cost? (l) Is the governance of ISO New England, including its board of directors as well as its stakeholder advisory body NEPOOL, sufficiently accountable to the public and adequate to assure that ISO New England is operated in the public interest? (m) When operating independently of ISO-New England, what restrictions would be placed on the state by the Federal Power Act or principles of federalism? What powers are beyond the state's purview? (n) What alternative regulatory structures could the state explore that would better allow it to serve reliable, affordable electricity to its citizens? II. The report of answers shall be provided to the senate and house committees responsible for energy policy within one year of this act's passage.