* PART I ADMINISTRATION OF THE GOVERNMENT  
(Chapters 1 through 182) 
  * TITLE XXII CORPORATIONS 
  * CHAPTER 164 MANUFACTURE AND SALE OF GAS AND ELECTRICITY 



Section 1 \- Definitions

Section 1A \- Retail access to generation services and choice of suppliers; electric company restructuring; divestment; ownership and operation of generating facility producing solar energy

Section 1B \- Service territories for distribution companies; rates

Section 1C \- Marketing companies

Section 1D \- Billing of retail customers; notice of offers available by participating non-utility competitive suppliers; payment to supplier by electric distribution company

Section 1E \- Performance based rate schemes; labor displacement or reductions; mediation of small claims

Section 1F \- Consumer protections; rules and regulations

Section 1G \- Transition costs and charges

Section 1H \- Financing orders

Section 1I \- Service quality standards reports to be filed by investor-owned electric distribution, transmission, and natural gas distribution companies; penalty for failure to meet service quality standards

Section 1J \- Establishment of standards of acceptable performance for emergency preparation and restoration of service for electric and gas distribution companies; investigation of violation of standards; penalties

Section 1K \- Penalties to be credited back to customers

Section 2 \- Construction

Section 3 \- Corporations governed by chapter

Section 4 \- Application of chapter 156B

Section 4A \- State secretary; examination of documents; approval; instances of corporate omission

Section 5 \- Organization of corporation; certification by state secretary

Section 5A \- Name; restrictions; injunctive relief

Section 6 \- Articles of organization; contents

Section 7 \- Repealed, 1973, 860, Sec. 6

Section 8 \- Amendment of articles of organization; changes in capital stock or corporate name

Section 8A \- Amendment of articles of organization; change in business authorized or any other change

Section 8B \- Articles of amendment; submission to state secretary; effective date; filing

Section 8C \- Restatement of articles of organization; adoption; submission to state secretary; filing; effective date

Section 8D \- Confirmation of organization or subsequent proceedings; certificate; submission to state secretary; effective date

Section 9 \- Hydro-electric plants; issue of preferred stock and bonds; acquisition of storage reservoir

Section 9A \- Electric companies providing electricity to other companies; ownership of stock

Section 10 \- Issuance of capital stock; notification of department

Section 11 \- Payment of price of share

Section 12 \- Improper issue of stock or scrip certificates; effect; penalty

Section 12A \- Convertible debentures

Section 13 \- Mortgage of property

Section 13A \- Issuance and pledge of bonds secured by prior liens

Section 14 \- Proceedings to determine necessity of issue of stock, bonds, coupon notes or other evidences of indebtedness

Section 15 \- Invitation for proposals for purchase of bonds

Section 15A \- Issue or sale of bonds, etc. at less than par value or face amount

Section 16 \- Making good impairment of capital stock

Section 16A \- Inadequate depreciation allowances; corrective orders of department; use of funds restricted; enforcement

Section 17 \- Improper issue of stock, bonds or other securities; penalty

Section 17A \- Investments; approval of department; violations by officers; penalty

Section 18 \- Disposition of shares

Section 19 \- Sale of unissued capital stock; terms; auction sale

Section 20 \- Commencement of business; liability of officers, contribution

Section 21 \- Authorization necessary to transfer franchise, lease works or contract to carry on works

Section 22 \- Deposits

Section 23 \- Voting by stockholders; proxy

Section 24 \- Voting by stockholders; articles of organization or by-laws controlling

Section 25 \- Stockholders of public service corporation; use of name or title thereof prohibited; violations; penalty; proceedings; injunction; exception

Section 26 to 28 \- Repealed, 1973, 860, Sec. 16

Section 29 \- Change of officers; filing of certificate of change

Section 30 \- Change of location

Section 31 \- Amount of stock in gas companies held by corporation

Section 32 \- Repealed, 1973, 860, Sec. 18

Section 33 \- Fees for filing certificates, articles and copies of votes

Section 33A \- Promotional or political advertising expenditures

Section 34 \- Town’s authority to operate gas or electric plant or community antenna television system

Section 34A \- Municipal street lighting service

Section 34B \- Replacement of existing poles

Section 35 \- Vote of city to acquire plant

Section 36 \- Vote of town to acquire plant

Section 37 \- Certification of vote of city or town to department

Section 38 \- Certification of subsequent votes

Section 39 \- Failure to certify vote; penalty

Section 40 \- Debt incurred for establishing, purchasing, extending, etc., light plant

Section 41 \- Enlargement of plant

Section 42 \- Purchase of existing plant

Section 43 \- Determination by department of purchase price; tender of deed; acquisition upon failure to tender

Section 44 \- Repealed, 1929, 379, Sec. 3

Section 45 \- Purchase of property in adjoining town

Section 46 \- Distribution to adjoining town

Section 47 \- Extension of services to adjoining town

Section 47A \- Exemption from requirements allowing competitive choice of generation supply; prohibition of retail sales by nonmunicipal suppliers and electric companies within municipal service territory; sale of electricity at wholesale; sale of electricity in adjoining service territory; restrictions on service to present customers of municipal lighting plants; referendum on competitive choice of generation supply

Section 47B \- Facilities and equipment located outside municipal limits

Section 47C \- Municipal lighting plant cooperatives

Section 47D \- Exemption from public records and open meeting requirements in certain instances

Section 47E \- Facilities for operation of telecommunications systems for municipal use; construction, purchase, lease and maintenance; debt

Section 48 to 50 \- Repealed, 1929, 379, Sec. 7

Section 51 \- Purchase of gas, electricity, equipment, supplies or materials from another town

Section 52 \- Purchase of electricity by town from street railway

Section 53 \- Delivery by street railway; metering

Section 54 \- Disagreement as to price paid to street railway; action of department

Section 55 \- Municipal light board

Section 56 \- Management of plant

Section 56A \- Municipal light commission; definition; contracts of members

Section 56B \- Contracts of commission; requisites

Section 56C \- Contracts of commission; filing with city or town auditor; preservation; public inspection; penalty

Section 56D \- Contracts of commission; advertisements and bids; application of section

Section 56E \- Removal of members; notice and hearing; appeal

Section 57 \- Manager’s annual financial report; tax levy; expenditure of income

Section 57A \- Appropriations for maintenance and operation; payment in advance of receipts

Section 57B \- Income from investment or deposit of proceeds of municipal bonds or notes issued for gas or electrical purposes

Section 57C \- Appropriations from insurance escrow account

Section 58 \- Schedule of prices for gas and electricity

Section 58A \- Advance deposit; shut off for non-payment; removal of appliances for distribution

Section 58B \- Lien upon real estate for nonpayment of service charges

Section 58C \- Time for and length of lien

Section 58D \- Unpaid charges added to real estate taxes

Section 58E \- Interest on taxes due by reason of unpaid charges

Section 58F \- Abatement of real estate tax imposed by reason of unpaid charges

Section 59 \- Notice of change of price to department

Section 60 \- Entitlement to service; review by department

Section 61 \- Assessment of cost of establishing service

Section 62 \- Protection of plant; municipal ordinances

Section 63 \- Duties of municipality and its officers; violations; penalties

Section 64 \- Repealed, 1978, 512, Sec. 13

Section 65 \- Application of chapter to plants authorized by special act

Section 66 \- Application of chapter and by-laws of town to plant authorized by special act

Section 67 \- Revocation of rights, locations or licenses

Section 68 \- Sale of plant by town

Section 69 \- Enforcement by supreme judicial court

Section 69A \- Purchase, sale and distribution of natural gas by municipality

Section 69B \- Definitions

Section 69C \- Cadet engineers; power of city or town to contract for training; contents of contract

Section 69D \- Cadet engineers; selection

Section 69E \- Cadet engineers; civil service laws; retirement benefits; workmen’s compensation

Section 69F \- Expenses

Section 69G \- Definitions

Section 69H \- Energy facilities siting board

Section 69H1/2 \- Hydropower generation facilities

Section 69I \- Long-range forecasts of electric and gas companies; filing; hearings; approval

Section 69J \- Petition for approval of construction; notice of intention to construct oil facilities; public hearings; approval or rejection

Section 69J1/4 \- Construction of generating facility

Section 69J1/2 \- Fees for applications to construct electricity facilities

Section 69K \- Certificate of environmental impact and public interest; construction of facilities; petition; issuance; conditions; state agencies and local governments restricted; transfer; amendment; applicability

Section 69K1/2 \- Certificate of environmental impact and public interest with respect to a generating facility

Section 69L \- Petition for certificate or amendment thereof; form; information required; affidavit of service and notice

Section 69L1/2 \- Application for certificate with respect to a generating facility

Section 69M \- Public hearings on petitions; national pollutant discharge elimination system permit; notices; procedures; fact sheets

Section 69N \- Parties in interest to proceedings

Section 69O \- Decision granting or denying application; findings and opinions; applicability

Section 69O1/2 \- Decision granting or denying application with regard to a generating facility; findings and opinions

Section 69P \- Judicial review

Section 69Q \- Joint inter-agency investigations, hearings or orders; interstate compacts and federal agreements authorized

Section 69R \- Eminent domain; taking by electric or gas companies, generation companies or wholesale generation companies; procedures; restrictions

Section 69S \- Eminent domain with respect to oil pipelines; requisite procedures; rights relative to taking

Section 70 \- Opening of streets by gas company; liability; repairing streets

Section 70A \- Application to department to lay main; hearing; determination; fees

Section 71 \- Construction of transmission lines

Section 72 \- Taking land for transmission lines

Section 72A \- Survey preliminary to eminent domain proceedings; notice to landowners; damages

Section 73 \- Pipes, mains, wires and conduits crossing railroads

Section 74 \- Recovery by town of damages paid as result of defect in street

Section 75 \- Regulation by municipal authorities

Section 75A \- Installation of gas meters; compliance with regulations for preventing escape of gas

Section 75B \- Qualifying to do business

Section 75C \- Right of eminent domain

Section 75D \- Survey preliminary to eminent domain proceedings; liability

Section 75E \- Regulation of construction and operation

Section 75F \- Restoration of ground surface following installation

Section 75G \- Marking of location of underground line

Section 75H \- Licenses, permits, etc., for pipeline maintenance, construction and operation

Section 76 \- Supervisory authority of department

Section 76A \- Dealings with affiliated companies

Section 76B \- Streets or ways; construction over, across or along high pressure gas mains

Section 76C \- Rules and regulations

Section 76D \- Utility underground plant damage prevention system; establishment

Section 77 \- Annual report of department

Section 78 \- Notice of violation

Section 79 \- Enforcement of orders of department; equity jurisdiction

Section 80 \- Location of office of company; records; inspection of records by department

Section 81 \- Form of books and accounts

Section 82 \- Form of records of work at manufacturing station

Section 83 \- Annual return; form; other information to department

Section 84 \- Failure to make or amend return; penalty

Section 84A \- Condensed return of business and financial condition

Section 85 \- Examination of records by department; confidential nature of information; “affiliated company” defined

Section 85A \- Filing copies of existing contracts with affiliated companies

Section 85B \- Emergency response plans; submission for review and approval; contents; penalties for failure to file; denial of recovery of service restoration costs for failure to implement emergency response plan

Section 86 \- Consent of municipality to entry of another gas company

Section 87 \- Consent of municipality to entry of another electric company

Section 88 \- Review of decision issued under Secs. 86 or 87

Section 89 \- Rights of another municipality to enter another town

Section 90 \- Conditions imposed upon entry of supplier of electricity in bulk

Section 91 \- Enforcement of conditions imposed under Sec. 90

Section 92 \- Right of user to gas or electricity

Section 92A \- Right of user in bulk to gas

Section 93 \- Price or quality of gas or electricity; public hearing; notice

Section 94 \- Schedule of rates, prices and charges; contracts; filing; proposed changes; notices; investigations; hearings

Section 941/2 \- Sales of compressed natural gas for use as a motor fuel

Section 94A \- Contracts for purchase of gas or electricity; review of price paid

Section 94B \- Contracts with affiliated companies; approval by department

Section 94C \- Dealings between gas or electric affiliated company; burden of proof

Section 94D \- Penalties for delinquencies and discounts

Section 94E \- Notification of termination of contract filed under Sec. 94

Section 94F \- Rates, prices and charges of gas companies; effect of orders of F.P.C.

Section 94G \- Proposed performance program; unit heat rate audit; public hearing; periodic report; deductions; fuel charge; base rates; rules and regulations

Section 94G.5 \- Electric generating facilities; conversion of oil to coal

Section 94H \- Condominiums; common areas; rates

Section 94I \- Cost-allocation method for determining base distribution rates

Section 95 \- Reports of accidents

Section 96 \- Purchase, sale, consolidation or merger; public interest determination

Section 97 \- Acquisition of water storage reservoir or hydro-electric plant by electric company

Section 98 \- Rights of company acquiring water storage reservoir or hydro-electric plant

Section 99 \- Increase of capital stock to affect acquisition

Section 99A \- Property held as tenants in common by electric companies

Section 100 \- Sale of property to another gas or electric company; exceptions

Section 101 \- Time for filing applications for approval of sales or consolidations

Section 102 \- Consolidation of Boston Consolidated Gas and Boston Edison

Section 102A \- Consolidation or merger; agreement, provisions; submission of article to state secretary; form; requisites and information; approval; effectiveness; filings

Section 102B \- Certificate of consolidation or merger; issuance; fee

Section 102C \- Enforcement of consumer protection provisions; arbitration

Section 103 \- Accuracy of meters; records

Section 104 \- Fees of department for examining, comparing and testing gas meters

Section 105 \- Repealed, 1956, 28

Section 105A \- Storage, transportation and distribution of gas; regulation; violations; civil penalties

Section 106 \- Regulation of quality of gas

Section 107 \- Establishing calorific standard; companies exempt from furnishing gas of standard established

Section 108 \- Calorimeter provided by company

Section 109 \- Inspection of gas by department; establishing new standards of purity

Section 110 \- Gas below standard; forfeiture

Section 111 \- Unit of measure for sale of gas

Section 112 \- Meter provers

Section 113 \- Use of gas meters not tested, sealed or stamped; penalty

Section 114 \- Testing gas meters in use; cost of test

Section 115 \- Easy ascertainment of gas meter reading

Section 115A \- Replacement of gas meters

Section 116 \- Entry on premises to examine and maintain gas or electric meters

Section 116A \- Disconnection of services in case of fire, explosion or other disaster

Section 116B \- Gas company to provide maintenance and improvement of gate boxes during street, sidewalk or road repair; application for assistance

Section 117 \- Written statement of amount recorded given by meter reader

Section 118 \- Easy ascertainment of electric meter reading

Section 119 \- Meter rentals

Section 119A \- Itemized statement of quantity of gas, electricity or fuel used at each of several rates

Section 120 \- Testing electric meters in use; cost of test

Section 121 \- Entry upon premises to make test; compensation of person making test; rules and regulations

Section 122 \- Use of incorrect meter; refund

Section 123 \- Prepayment meters; risk of loss of deposits

Section 124 \- Entry of premises to stop gas or electricity

Section 124A \- Shutting off or failing to restore service during serious illness

Section 124B \- Shutting off gas or electric service for failure to pay for appliances; prohibition

Section 124C \- Nursing homes, homes for the aged, convalescent homes, and hospitals; shutting off gas or electric service

Section 124D \- Shutting off gas or electric service to tenants not customer of record

Section 124E \- Termination of gas and electric service; households with residents 65 or older

Section 124F \- Shutting off service during financial hardship

Section 124G \- Restoration of service upon payment

Section 124H \- Shutting off service in residence where infant domiciled

Section 124I \- Penalties

Section 125 \- Refusal to supply because of default of previous occupant

Section 125A \- Supply to commonwealth or municipality after expiration of contract; price

Section 126 \- Wilful injury or interference with gas meter or other property; penalty; prima facie evidence

Section 126A \- Impersonating an officer or servant of a gas or electric company; penalties

Section 127 \- Intentional injury to electric meter or other property; penalty; prima facie evidence

Section 127A \- Destruction of or tampering with, electric or gas lines, meters, etc.; theft of electricity or gas

Section 128 \- Guaranty fund; payment of interest, application to charges and tolls; annual return statement; violations; penalty

Section 129 \- Definitions

Section 130 \- Establishment of fund; filing and recording of trust instrument; trustee; dissolution of fund

Section 131 \- Powers and duties of fund and trustee; financial statement; amount of fund; authorized trust instrument provisions; amendments; consolidation or merger of fund; taxation

Section 132 \- Exemption of trust fund from certain insurance laws

Section 133 \- Emergency mutual aid

Section 134 \- Load aggregation programs

Section 135 \- Corporate retail load aggregators

Section 136 \- Cooperatives

Section 137 \- Participation in group purchasing of electricity, natural gas, telecommunications services or similar products

Section 138 \- Definitions

Section 139 \- Class I, II or III net metering facilities; election of net metering; tariffs; limitation on aggregate capacity; rules and regulations

Section 140 \- Neighborhood net metering facility; election of net metering; rules and regulations

Section 141 \- Decisions or actions regarding rate design; adjustment to low-income rate discount

Section 142 \- Removal of impediments to development of efficient, low-emissions distributed generation

Section 143 \- Small municipal renewable energy generating facilities; issuance of bonds and notes; procurement of required services; receipt and use of revenues