reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:17-b - Final Orders.

363:17-b Final Orders. –
The commission shall issue a final order on all matters presented to it. Matters resolved by final order of the commission shall be exempt from RSA 541-A:29 and RSA 541-A:29-a, but shall be subject to federal and state time limitations applicable to specific matters. The transcript or minutes of oral deliberations shall not constitute a final order. A final order shall include, but not be limited to:
I. The identity of all parties;
II. A decision on each issue including the reasoning behind the decision; and
III. The concurrence or dissent of each commissioner participating in the decision.
Source.
1979, 494:4. 2000, 57:1, eff. June 16, 2000. 2018, 279:17, eff. Jan. 1, 2019. 2022, 245:16, eff. Aug. 20, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:17-c - Meetings of the Commission.

363:17-c Meetings of the Commission. –
The commission's deliberative processes in adjudicatory proceedings held pursuant to RSA 541-A and investigations held pursuant to its authority under Title 33 shall be privileged and exempt from the public meeting, notice, and disclosure provisions of RSA 91-A. Decisions and orders in adjudicatory proceedings and investigations shall be publicly available but only after they have been announced at a public meeting or hearing of the commission or reduced to writing, signed by a majority of the commission and served upon the parties. Discussions and actions by the commission concerning procedural, administrative, legal, and internal matters shall be exempt from the meeting and notice provisions of RSA 91-A:2.
Source.
2007, 154:1, eff. June 18, 2007.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:18 - Cooperation With Other Agencies.

363:18 Cooperation With Other Agencies. –
The commission may confer and cooperate with any other state, federal, or local agency in any matter relating to its duties.
Source.
1911, 164:2. PL 237:26. 1935, 115:1. RL 286:25. 1951, 203:10 par. 24, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:19 - Disqualification of Member.

363:19 Disqualification of Member. –
No commissioner shall sit upon the hearing of any question which the commissioner is to decide in a judicial capacity who would be disqualified for any cause, except exemption from service and knowledge of the facts involved gained in the performance of his official duties, to act as a juror upon the trial of the same matter in an action of law.
Source.
1911, 164:2. 1913, 145:4. 1915, 99:1, 2. PL 237:18. RL 286:17. 1951, 203:10 par. 17, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:20 - Special Commissioner.

363:20 Special Commissioner. –
If at any time a commissioner shall be disqualified or unable to perform the duties of his office, the governor, upon application of the commission, may, with the consent of the council, appoint a special commissioner to act in his place during the period of the commissioner's disqualification or inability to act.
Source.
1911, 164:2. PL 237:19. RL 286:18. 1951, 203:10 par. 18, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:21 - Compensation.

363:21 Compensation. –
The commissioner so appointed shall be paid a reasonable compensation per day for his services, and his necessary expenses, to be allowed by the governor and council and paid from the state treasury.
Source.
1911, 164:2. PL 237:20. RL 286:19. 1951, 203:10 par. 19, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:22 - Investigations.

363:22 Investigations. –
Except as pertains to any end user of an excepted local exchange carrier or services provided to such end user, the commission may investigate all existing or proposed interstate rates, fares, charges, classifications and rules and regulations relating thereto, where any act thereunder may take place within this state.
Source.
1913, 145:12. PL 237:22. RL 286:21. 1951, 203:10 par. 20. RSA 363:22. 1979, 494:5, eff. Aug. 1, 1979. 2012, 177:2, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:23 - Petitioners, Etc.

363:23 Petitioners, Etc. –
When the same are found to be, in the opinion of the commission, unjust, unreasonable, unjustly discriminatory or otherwise in any respect in violation of the provisions of the act to regulate commerce, or of any other act of Congress, or in conflict with the rules and orders of the Interstate Commerce Commission, or of any other department of the federal government, the commission may apply for relief by petition or otherwise to the Interstate Commerce Commission, or to any other department of the federal government, or to any court of competent jurisdiction.
Source.
1913, 145:12. PL 237:23. RL 286:22. 1951, 203:10 par. 21, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:24 - Biennial.

363:24 Biennial. –
The commission shall publish and file with the governor and council, the president of the senate, the speaker of the house of representatives, and the appropriate standing committees of the senate and the house of representatives a report not later than December 1 of each odd numbered year. Such report shall contain such account of its proceedings for the 2 years last preceding, and such suggestions and recommendations as to needed legislation or as to other matters affecting public utilities as the commission may desire to submit.
Source.
1911, 164:25. PL 237:24. RL 286:23. 1951, 203:10 par. 22. RSA 363:24. 1973, 140:19. 2002, 247:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:25 - Publications.

363:25 Publications. –
The commission may, from time to time, subject to the approval of the governor and council, publish such of its reports and orders and such statistics and other information concerning public utilities doing business in this state as the commission may deem to be of public interest.
Source.
1911, 164:25. PL 237:25. RL 286:24. 1951, 203:10 par. 23, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:26 - Repealed by 1979, 498:4, eff. Aug. 1, 1979, at 12:01 a.m.

363:26 Repealed by 1979, 498:4, eff. Aug. 1, 1979, at 12:01 a.m. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:27 - Staff.

363:27 Staff. –
I. In the exercise of the jurisdiction and performance of the duties prescribed by law, the commission shall have the power, subject to the state personnel regulations and within the limits of the appropriation for such purpose, to employ and fix the compensation of such regular staff, including experts, as it shall deem necessary. Notwithstanding any other provision of law, if the expenditure of additional funds over budget estimates is necessary for the proper functioning of the public utilities commission, the governor and council, with the prior approval of the fiscal committee of the general court, upon request from the commission, may authorize an additional assessment pursuant to RSA 363-A for such purpose.
II. The staff of the commission shall be organized as the chairperson determines best achieves its statutory responsibilities.
III. "Staff" means the employees of the commission and any consultants and other contractors retained by the commission for the purpose of assisting the commission and its employees in providing advice or information, or for the purpose of supplementing the work of the commission and its employees.
Source.
1979, 494:6. 1981, 220:6. 1985, 402:17. 1989, 240:6. 1991, 339:1. 1994, 414:2. 1999, 289:11. 2001, 237:4. 2007, 156:12, eff. Aug. 17, 2007. 2010, 191:4, eff. Aug. 20, 2010. 2021, 91:210, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:28-a - Residential Ratepayers Advisory Board.

363:28-a Residential Ratepayers Advisory Board. –
I. There is established the residential ratepayers advisory board. The advisory board shall consist of the following public members:
(a) Three members appointed by the speaker of the house. One shall represent the interests of residential ratepayers; one shall represent the interests of the elderly; and one shall be a member of the public.
(b) Three members appointed by the senate president. One shall represent the interests of residential ratepayers; one shall represent the interests of the disabled; and one shall represent environmental concerns.
(c) Three members appointed by the governor and council. One shall represent the interests of persons of low income; one shall represent the interests of small business owners; and one shall represent the interests of residents of low-income housing.
II. Members shall serve 3-year terms. In the event of death or resignation of any member of the advisory board, the person or entity that made the original appointment shall appoint a successor, and the successor appointed to the vacancy shall serve for the remainder of the unexpired term. The members of the board shall receive no compensation but shall be entitled to reimbursement for mileage at the same rate provided for state employees.
III. The board shall elect annually a chairperson from among its membership.
IV. The board shall receive administrative support from the office of the consumer advocate.
V. (a) The board shall meet at least quarterly and at the call of the chairperson or 3 board members. The consumer advocate shall be present for all board meetings to inform the board of the actions of the office of the consumer advocate and to respond to the board's inquiries.
(b) Except as pertains to any end user of an excepted local exchange carrier or services provided to such end user, the board shall advise the consumer advocate on matters concerning residential ratepayers.
(c) Prior to the expiration of the consumer advocate's term, the board shall recommend to the governor and council whether to reappoint the consumer advocate. If the board does not recommend reappointment or the governor and council do not accept the board's recommendation to reappoint, the board shall then recommend 3 persons to the governor and council to fill the position.
Source.
1999, 167:3, eff. Aug. 30, 1999. 2012, 177:4, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:30 - to 363:36 Repealed by 2021, 91:213, eff. July 1, 2021.

363:30 to 363:36 Repealed by 2021, 91:213, eff. July 1, 2021. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:37 - Definitions.

363:37 Definitions. –
In this subdivision:
I. "Individual customer data" means information that is collected as part of providing electric, natural gas, water, or related services to a customer that can identify, singly or in combination, that specific customer, including the name, address, account number, quantity, characteristics, or time of consumption by the customer.
II. "Service provider" means a public utility, as defined by RSA 362:2; a competitive electricity supplier, under RSA 374-F:7; an aggregator, as defined by RSA 53-E:2, II; a rural electric cooperative, under RSA 301:57; suppliers of natural gas, under RSA 362:4-b; and any other service provider that receives individual customer data from electric, natural gas, or water consumption.
III. "Primary purpose" means the main reason for the collection, storage, use, or disclosure of individual customer data which is limited to:
(a) Providing or billing for electrical or gas service.
(b) Meeting system, grid, or operational needs.
(c) Researching, developing, and implementing new rate structures and tariffs, demand response, customer assistance, energy management, or energy efficiency programs.
Source.
2016, 258:1, eff. Aug. 14, 2016. 2019, 86:1, eff. Aug. 17, 2019.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:38 - Duties and Responsibilities of Service Providers.

363:38 Duties and Responsibilities of Service Providers. –
I. No service provider shall:
(a) Share, disclose, or otherwise make accessible to any third party a customer's individual customer data, except as provided in paragraph V or upon the express consent of the customer.
(b) Sell individual customer data for any purpose without the express consent of the customer.
(c) Provide an incentive or discount to the customer for accessing individual customer data, provided, however, that nothing shall prevent a service provider from providing consideration to a customer for reducing demand as part of a demand response, energy management, or energy efficiency program in which customer usage data is required to measure or verify such reduction.
II. Service providers shall:
(a) Collect, store, use, and disclose only as much individual customer data as is necessary to accomplish primary purposes.
(b) Use individual customer data solely for primary purposes.
III. A service provider that allows customer access to electric, natural gas, or water consumption data shall allow customer access to that data without requiring disclosure of that customer's individual customer data to third parties.
IV. A service provider shall use reasonable security procedures and practices to protect individual customer data from unauthorized access, use, destruction, modification, or disclosure.
V. (a) Nothing in this section shall preclude a service provider from using aggregate customer data for analysis, reporting, or program management after information that identifies an individual customer is removed.
(b) Nothing in this section shall preclude a service provider from disclosing a customer's individual data to a third party for system, grid, or operational needs, or the research, development, and implementation of new rate structures and tariffs, demand response, customer assistance, energy management, or energy efficiency programs, provided that the service provider for contracts entered into after January 1, 2017, has required by contract that the third party implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, use, destruction, modification, or disclosure, and to prohibit the use of the data for a secondary commercial purpose not related to the primary purpose of the contract without the express consent of the customer.
(c) Nothing in this section shall preclude a service provider from disclosing electric, natural gas, or water consumption data required under state or federal law, or which is identified as information subject to warrant or subpoena or by an order of the commission.
Source.
2016, 258:1, eff. Aug. 14, 2016. 2019, 86:2, eff. Aug. 17, 2019.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:39 - Complaints.

363:39 Complaints. –
When complaints to the department of energy are initiated by residential customers, the department shall provide to the consumer advocate access to the complaint, by paper or electronically, with the customer name blocked out, at the same time as the department forwards the complaint to the utility in compliance with department rules.
Source.
2016, 258:1, eff. Aug. 14, 2016. 2021, 91:214, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363-A - Expenses of Public Utilities Commission Against Certain Utilities › Section 363-A:1 - Ascertainment of Expenses.

363-A:1 Ascertainment of Expenses. –
The department of energy shall annually, after the close of the fiscal year, ascertain the total of its expenses attributable to support of the public utilities commission and to performance of all duties and responsibilities transferred to the department from the public utilities commission, in addition to the total of the public utilities commission's expenses during such year incurred in the performance of its duties relating to public utilities as defined in RSA 362 and other entities subject to its regulatory and enforcement authority and relating to the office of the consumer advocate. In the determination of such expenses there shall be excluded the expenses which have been or may be charged and recovered under the provisions of RSA 365:37, RSA 365:38, and RSA 374-F:7, I.
Source.
1955, 203:1 par. 1. 1959, 242:1. 1971, 557:62. 1981, 568:118. 1987, 136:4, eff. May 7, 1987. 2014, 136:1, eff. July 1, 2014. 2021, 91:242, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363-A - Expenses of Public Utilities Commission Against Certain Utilities › Section 363-A:3 - Certification of Assessment.

363-A:3 Certification of Assessment. –
It shall be the duty of the department of energy to calculate the amount to be assessed against each such public utility and each other entity subject to assessment in accordance with RSA 363-A:1 and RSA 363-A:2. At the beginning of each fiscal year, the department of energy shall estimate the total expenses for the fiscal year, and then, based on such estimate, shall calculate the amount to be assessed quarterly on September 15, November 15, February 15, and April 15 of that fiscal year. For entities with assessments less than $10,000, the department may bill those entities the entire amount on September 15 of that fiscal year. The department of energy shall then make a list showing the amount assessed September 15, November 15, February 15, and April 15 of that fiscal year to each of the several public utilities and other entities assessed under the provisions hereof, and, together with a statement of the full name and mailing address of each such public utility and other assessed entity, shall certify the same. After the close of each fiscal year, the department of energy shall ascertain the actual total expenses in accordance with RSA 363-A:1 and RSA 363-A:2, and then shall adjust the assessment for the first or only payment of the new fiscal year for each such public utility or other assessed entity for any underpayment or overpayment by each such public utility or other assessed entity for the prior fiscal year.
Source.
1955, 203:1, par. 3. 1971, 557:62. 1995, 29:1. 1997, 208:14, eff. July 1, 1997. 2014, 136:3, eff. July 1, 2014. 2021, 91:244, eff. July 1, 2021. 2023, 79:120, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363-A - Expenses of Public Utilities Commission Against Certain Utilities › Section 363-A:4 - Collection.

363-A:4 Collection. –
Upon the completion of each such list, within 10 business days of September 15, November 15, February 15, and April 15 of each fiscal year, the department of energy shall bill each public utility and each other entity subject to assessment. Such bill shall be sent first-class or electronic mail, and shall constitute notice of assessment and demand for payment. Payment shall be made to the department of energy by the due date stated on the bill, which shall be set no sooner than 30 days after the date the bill is sent. If payment is not made by the due date, the department of energy may add to the assessment a late penalty fee and may commence an action at law for the recovery of the assessment. Within 30 days of the date that the bill assessment for the first or only payment is sent, each public utility or other assessed entity which has any objection to the amount assessed against it for the prior fiscal year shall file with the department its objection in writing, setting out in detail the grounds upon which it is claimed that said assessment is excessive, erroneous, unlawful, or invalid. If such objections are filed, the department, after reasonable notice to the objecting public utility or other assessed entity, shall hold a hearing on such objections, and if the department finds that said assessment or any part thereof is excessive, erroneous, unlawful, or invalid, the department shall reassess the amount to be paid by such public utility or other assessed entity, and shall order that an amended bill be sent to such public utility or other assessed entity in accordance with such reassessment. The department of energy shall not commence an action at law for recovery of any assessment for the first or only payment until any such objection has been resolved.
Source.
1955, 203:1, par. 4. 1971, 557:62. 1995, 29:2. 1997, 208:14. 2004, 148:1, eff. Jan. 1, 2005. 2014, 136:4, eff. July 1, 2014. 2021, 91:244, eff. July 1, 2021. 2023, 79:121, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363-A - Expenses of Public Utilities Commission Against Certain Utilities › Section 363-A:5 - Exemption From Assessment.

363-A:5 Exemption From Assessment. –
Any public utility or other assessed entity that is not an entity to which RSA 363-A:2, I(c) or (d) applies, and that earned less than $10,000 in gross revenue during the preceding calendar year shall not be liable for any assessment pursuant to this chapter.
Source.
1995, 29:3, eff. Jan. 1, 1996. 2014, 136:5, eff. July 1, 2014. 2023, 79:122, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363-A - Expenses of Public Utilities Commission Against Certain Utilities › Section 363-A:6 - Public Utility Recovery of Assessment Costs.

363-A:6 Public Utility Recovery of Assessment Costs. –
I. Assessment amounts determined with reference to the revenues of competitive electric power suppliers and all assessments against regulated electric distribution utilities and electric cooperatives for which a certificate of deregulation is on file with the department shall be collected from electric customers through the distribution rates of the respective electric distribution utility or rural electric cooperative for which a certificate of deregulation is on file with the department; provided that an amount equal to the amount assessed directly to a competitive electric power supplier under RSA 363-A:2, III shall be collected from the energy service or default service customers of each electric distribution utility or rural electric cooperative for which a certificate of deregulation is on file with the department.
II. Assessment amounts determined with reference to the revenues of competitive natural gas suppliers and all assessments against regulated natural gas distribution utilities shall be collected from natural gas customers through the distribution rates of the respective natural gas distribution utility.
III. The commission shall by order establish rate recovery mechanisms for any public utility that is not either an excepted local exchange carrier, as defined in RSA 362:7, I(c), or a rural electric cooperative for which a certificate of deregulation is on file with the commission. Such rate recovery mechanisms shall adjust annually to recover any change in a utility's annual assessment.
Source.
2014, 136:6, eff. July 1, 2014. 2021, 91:245, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363-B - Procedures for Termination of Certain Utility Services › Section 363-B:1 - Termination of Service.

363-B:1 Termination of Service. –
I. No public gas or electric utility, as defined in RSA 362:2, shall terminate any residential service without good cause and without providing the customer at least 10 days' written notice of the utility company's intent to terminate service. The notification shall be sent by regular mail or shall be delivered by hand, and shall inform the customer of the proposed date of termination, the reason for termination, and the provision in RSA 363-B:2 for questioning or contesting the reason for termination.
II. For purposes of this section, good cause shall mean violation of any tariff provision then in force as approved by the public utilities commission, or nonpayment of charges that are past due and remain unpaid after proper demand for them.
III. Notwithstanding the foregoing, a gas or electric public utility may terminate service to a residential customer without prior notice to the customer or the department when:
(a) There exists unauthorized or fraudulent use or procurement of utility service;
(b) A condition dangerous to the health, safety, or utility service of others exists;
(c) There is a clear and present danger to life, health, or physical property; or
(d) The customer has clearly abandoned the premises.
The utility shall notify the department after it has terminated service for any of these reasons.
IV. This section shall not apply when the customer requests the termination of service.
Source.
1974, 11:1. 1981, 129:1, eff. July 10, 1981. 2022, 245:19, eff. Aug. 20, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363-B - Procedures for Termination of Certain Utility Services › Section 363-B:2 - Conference Provided.

363-B:2 Conference Provided. –
I. Any person who receives a notice of intent to terminate service pursuant to RSA 363-B:1 and believes such proposed termination to be unjustified may request, prior to the date specified in the termination notice, a conference with the utility company involved to review the basis for the proposed termination. The conference with the utility company shall be conducted in person, by writing or by telephone as the customer may elect. If the customer is dissatisfied with the outcome of the conference he may, within 3 days after the conference if the conference is conducted in person, or within 5 days after the conference if the conference is conducted by writing or by telephone, request a conference with a staff member of the department of energy to review the basis for the proposed termination. The conference with the department may be conducted by writing or by telephone if the customer so elects.
II. In the event of a request for a conference with the public utility, the public utility shall continue service to the customer for 3 days after the conference if the conference was conducted in person, or for 5 days after the conference if the conference was conducted by writing or by telephone, or to the date specified in the notice of termination, whichever comes later.
III. During the conference with the utility company, the utility company shall inform the customer of his right to request a conference with a staff member of the department of energy. If the conference with the utility company is conducted in person, the customer shall be furnished a form for requesting a conference with a staff member of the department during the conference. If the conference with the utility company is conducted by writing or by telephone, the utility company shall mail the form to the customer by regular mail on the same day as the conference. In the event of a request for a conference with a staff member of the department, the public utility shall continue service to the customer until such time as the staff member or the department determines that termination is justified.
Source.
1974, 11:1. 1975, 119:1-3. 1981, 220:3. 1994, 193:8, I, eff. July 23, 1994. 2022, 245:20, eff. Aug. 20, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363-B - Procedures for Termination of Certain Utility Services › Section 363-B:3 - Notification of Property Owner or Condominium Association.

363-B:3 Notification of Property Owner or Condominium Association. –
Notwithstanding any other provisions of state law, any electric or gas public utility may, prior to terminating residential service to a tenant or to a condominium owner, provide notice of the termination to the property owner, in the case of a tenant, or any associated condominium association when:
I. The termination of service is to occur between November 1 and April 30, inclusive of beginning and end dates; and
II. The property owner or the condominium association has requested that it, or its agents, be notified in such instances.
Source.
2000, 276:1, eff. June 16, 2000.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 364 - Municipal Utilities › Section 364:1 - Submission of Plan to Public Utilities Commission.

364:1 Submission of Plan to Public Utilities Commission. –
Before any town, village district or precinct shall vote to appropriate money or issue bonds or notes for the acquisition of any existing public utility, or for the construction of a public utility, or for the reconstruction or enlarging of a municipally owned utility, the selectmen of the town or the commissioners of the village district or the commissioners of any precinct may submit, and upon written application of 50 or more qualified voters or 1/4 of the qualified voters of said town, district or precinct, shall submit to the public utilities commission the general details of the plan and the amount proposed to be expended together with engineering plans and specifications.
Source.
1949, 271:1, eff. June 29, 1949.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 364 - Municipal Utilities › Section 364:2 - Hearing.

364:2 Hearing. –
Said commission shall after notice hold a public hearing at which time it shall receive evidence from any interested parties, and shall on its own motion investigate the public need for such acquisition, construction, reconstruction or enlarging and the feasibility of said proposed plan.
Source.
1949, 271:2, eff. June 29, 1949.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 364 - Municipal Utilities › Section 364:3 - Findings.

364:3 Findings. –
Said commission shall, within 30 days after said hearing, issue a report which shall contain its findings on said plan as proposed, with the reasons therefor, and shall cause it to be published in a newspaper of general circulation in said town, and shall also submit a copy of said report to the selectmen or precinct commissioners of said town, village district or precinct. Before any vote is taken by said town, village district or precinct to appropriate money or issue bonds or notes for any of the purposes mentioned in RSA 364:1, said findings of the public utilities commission shall be read to the meeting by the moderator or the chairman.
Source.
1949, 271:3, eff. June 29, 1949.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:1 - Complaint Against Public Utilities.

365:1 Complaint Against Public Utilities. –
Any person may make complaint to the department of energy by petition setting forth in writing any thing or act claimed to have been done or to have been omitted by any public utility in violation of any provision of law, or of the terms and conditions of its franchises or charter, or of any order of the commission.
Source.
1911, 164:10. 1913, 145:9. PL 238:1, 8. RL 287:1, 8. 1951, 203:11 par. 1, eff. Sept. 1, 1951. 2021, 91:247, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:1-a - Exceptions.

365:1-a Exceptions. –
Except for complaints about RSA 371:17 through RSA 371:24, RSA 374:2-a, RSA 374:22-p, I(b), RSA 374:28-a, RSA 374:34-a, RSA 374:48 through RSA 374:56, RSA 374:59, and RSA 378:44 through RSA 378:48, 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. Such end users may make complaints to the commission regarding basic service, as defined by RSA 374:22-p, I(b) by excepted local exchange carriers.
Source.
2012, 177:5, eff. Aug. 10, 2012. 2013, 279:5, eff. July 27, 2013.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:2 - Order.

365:2 Order. –
Thereupon the department of energy shall cause a copy of said complaint to be forwarded to the public utility complained of, which may be accompanied by an order, requiring that the matters complained of be satisfied, or that the charges be answered in writing within a time to be specified by the department.
Source.
1911, 164:10. PL 238:2. RL 287:2. 1951, 203:11 par. 2, eff. Sept. 1, 1951. 2021, 91:248, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:3 - Reparation.

365:3 Reparation. –
If the public utility complained of shall make reparation for any injury alleged and shall cease to commit or to permit the violation of law, franchise, or order charged in the complaint, and shall notify the department of energy of that fact before the time allowed for answer, the department shall not be required to take any further action upon the charges.
Source.
1911, 164:10. PL 238:3. RL 287:3. 1951, 203:11 par. 3, eff. Sept. 1, 1951. 2021, 91:248, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:4 - Investigation.

365:4 Investigation. –
If the charges are not satisfied as provided in RSA 365:3, and it shall appear to the department of energy that there are reasonable grounds therefor, it shall investigate the same in such manner and by such means as it shall deem proper. After investigation, the department of energy may bring proceedings on its own motion before the public utilities commission, with respect to any complaint or violation of any provision of law, rule, terms and conditions of its franchises or charter, or any order of the commission. If the party bringing the complaint is unsatisfied with the disposition of the complaint by the department of energy, then they may petition the public utilities commission to resolve the matter through an adjudicative proceeding.
Source.
1911, 164:10. PL 238:4. RL 287:4. 1951, 203:11 par. 4, eff. Sept. 1, 1951. 2021, 91:248, eff. July 1, 2021. 2022, 245:21, eff. Aug. 20, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:5 - Independent Inquiry.

365:5 Independent Inquiry. –
The commission, on its own motion or upon petition of a public utility, and the department of energy may investigate or make inquiry in a manner to be determined by it as to any rate charged or proposed or as to any act or thing having been done, or having been omitted or proposed by any public utility; and shall make such inquiry in regard to any rate charged or proposed or to any act or thing having been done or having been omitted or proposed by any such utility in violation of any provision of law or order of the commission or the department.
Source.
1911, 164:10. 1913, 145:9. PL 238:6. RL 287:6. 1951, 203:11 par. 5, eff. Sept. 1, 1951. 2021, 91:248, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:6 - Inspection.

365:6 Inspection. –
Both the commission and the department of energy may at any time personally, or by its experts or agents, inspect the property, works, system, plant, devices, appliances and methods used by any public utility, or its books, papers and records.
Source.
1911, 164:10. 1913, 145:9. PL 238:7. RL 287:7. 1951, 203:11 par. 6, eff. Sept. 1, 1951. 2021, 91:248, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:7 - Authority to Inspect.

365:7 Authority to Inspect. –
Any expert or agent of the department of energy or the commission, who shall make a demand on behalf of the commission or the department to be allowed to inspect as provided in RSA 365:6, shall produce written authority to make such inspection signed by the chairperson of the commission or the commissioner of the department of energy.
Source.
1913, 145:9. PL 238:8. RL 287:8. 1951, 203:11 par. 7, eff. Sept. 1, 1951. 2021, 91:248, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:8 - Rulemaking Authority.

365:8 Rulemaking Authority. –
I. The commission shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The conduct of its hearings, including alternative processes in hearings and other forms of alternative dispute resolution.
(b) Standards and procedures for streamlined review or other alternative processes to enhance the efficiency of the commission and respond to the needs of the utility's ratepayers and shareholders.
(c) Standards and procedures for the creation, monitoring and evaluation of alternative forms of regulation.
(d) Standards and procedures for the handling of confidential information, in accordance with RSA 91-A.
(e) Standards and procedures for filing requirements for tariffs, engineering, accounting, and other commission matters.
(f) Standards and procedures for franchise terms and conditions, including extended area telephone service.
(g) Standards and procedures for safe and reliable utility service and termination of service subject to RSA 363-B.
(h) Standards and procedures for matters related to the proper administration of RSA 366 relative to utility relations with affiliates.
(i) Standards and procedures relative to a reasonable amount of the short-term notes, bonds or other evidences of indebtedness based upon the amount of the utility's respective plant investment which each utility shall not exceed without first obtaining the approval of the commission pursuant to RSA 369:7.
(j) Standards and procedures for determination and recovery of rate proceedings expenses.
(k) Standards and procedures for the conduct of investigations authorized under this title.
(l) Procedures necessary to provide for the proper administration of and to further the purposes of this title.
(m) [Repealed.]
(n) Standards and procedures for public utilities to request protection of routine filings that contain confidential commercial or financial information.
II. Where the commission has adopted rules in conformity with this section, proceedings before the commission shall not be subject to RSA 541-A:29 or RSA 541-A:29-a.
Source.
1911, 164:2. PL 238:9. RL 287:9. 1951, 203:11 par. 8. RSA 365:8. 1981, 220:4. 1994, 193:1. 2005, 102:1, eff. June 15, 2005. 2010, 206:2, eff. June 22, 2010; 336:3, eff. Oct. 18, 2010. 2018, 279:18, eff. Jan. 1, 2019. 2021, 91:249, 250, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:8-a - Repealed by 2021, 91:251, I, eff. July 1, 2021.

365:8-a Repealed by 2021, 91:251, I, eff. July 1, 2021. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:9 - Evidence.

365:9 Evidence. –
In any such investigation or hearing, the commission shall not be bound by the technical rules of evidence.
Source.
1911, 164:2. PL 238:10. RL 287:10. 1951, 203:11 par. 9, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:10 - Summons; Oath.

365:10 Summons;  Oath. –
The commission shall have power to subpoena witnesses and administer oaths in any proceeding or examination instituted before or conducted by it, and to compel, by subpoena duces tecum, the production of any accounts, books, contracts, records, documents, memoranda and papers of any kind whatever.
Source.
1911, 164:2. 1913, 145:5. PL 238:11. RL 287:11. 1951, 203:11 par. 10, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:10-a - Appearance.

365:10-a Appearance. –
Notwithstanding any other provision of law to the contrary, the commission may in its discretion determine who, in addition to those lawyers licensed in the state of New Hampshire to do so, may appear before the commission on behalf of any party, provided, however, that the discretion shall not be exercised unreasonably or in a discriminatory manner. All parties will be required to adhere to the commission's rules of practice and procedure in addition to any orders of the commission or agreements between the parties, including but not limited to those concerning confidentiality.
Source.
1993, 330:1, eff. Aug. 28, 1993.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:11 - Repealed by 2019, 346:157, IV, eff. July 1, 2019.

365:11 Repealed by 2019, 346:157, IV, eff. July 1, 2019. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:12 - Contumacy.

365:12 Contumacy. –
Any person who wilfully shall fail or refuse to attend to testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, contracts, agreements, or other records, if in his or its power so to do, in obedience to the subpoena of the commission, shall be subject to the provisions of RSA 491:19 and 491:20.
Source.
1951, 203:11 par. 12, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:13 - Fees.

365:13 Fees. –
When any such summons shall be endorsed by the secretary, or assistant secretary, or by a commissioner, as follows, "Legal fees of witnesses guaranteed by the State," advance payment of fees shall not be required, but any witness served with such summons shall appear as directed therein as a witness for the state, and his legal fees therefor shall be paid out of any appropriation for the use of the commission available for the purpose.
Source.
1913, 145:5. PL 238:13. RL 287:13. 1951, 203:11 par. 13, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:14 - Production of Sworn Copies.

365:14 Production of Sworn Copies. –
In lieu of requiring production of originals by subpoena duces tecum, the commission may require sworn copies of any such books, records, contracts, documents and papers or parts thereof be filed with it.
Source.
1911, 164:2. 1913, 145:5. PL 238:14. RL 287:14. 1951, 203:11 par. 14, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:15 - Specific Answers.

365:15 Specific Answers. –
The commission may also require any public utility to make specific answers to questions upon which the commission may need information.
Source.
1911, 164:2. 1913, 145:5. PL 238:15. RL 287:15. 1951, 203:11 par. 15, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:16 - Testimonial Privilege.

365:16 Testimonial Privilege. –
No person shall be excused from testifying or from producing any book or paper in any investigation or inquiry by or upon any hearing before the commission, when ordered to do so by the commission, upon the ground that the testimony or evidence, book or document required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which under oath, after claiming his privilege, he shall by order of the commission have testified or produced documentary evidence.
Source.
1911, 164:2. 1913, 145:5. PL 238:16. RL 287:16. 1951, 203:11 par. 16, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:17 - Perjury.

365:17 Perjury. –
No person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony.
Source.
1911, 164:2. 1913, 145:5. PL 238:17. RL 287:17. 1951, 203:11 par. 17, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:18 - Corporate Immunity.

365:18 Corporate Immunity. –
Nothing herein contained shall give to any corporation immunity of any kind.
Source.
1911, 164:2. 1913, 145:5. PL 238:18. RL 287:18. 1951, 203:11 par. 18, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:19 - Independent Investigation.

365:19 Independent Investigation. –
In any case in which the commission may hold a hearing it may, before or after such hearing, make such independent investigation as in its judgment the public good may require; provided, that, whenever such investigation shall disclose any facts which the commission shall intend to consider in making any decision or order, such facts shall be stated and made a part of the record, and any party whose rights may be affected shall be afforded a reasonable opportunity to be heard with reference thereto or in denial thereof.
Source.
1913, 145:6. PL 238:19. RL 287:19. 1951, 203:11 par. 19, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:20 - Questions of Law.

365:20 Questions of Law. –
The commission may at any time reserve, certify and transfer to the supreme court for decision any question of law arising during the hearing of any matter before the commission.
Source.
1917, 205:1. PL 238:20. RL 287:20. 1951, 203:11 par. 20, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:21 - Rehearings and Appeals.

365:21 Rehearings and Appeals. –
The procedure for rehearings and appeals shall be that prescribed by RSA 541, except as herein otherwise provided. Notwithstanding RSA 541:5, upon the filing of a motion for rehearing, the commission shall within 30 days either grant or deny the motion, or suspend the order or decision complained of pending further consideration, and any order of suspension may be upon such terms and conditions as the commission may prescribe.
Source.
1951, 203:11 par. 21, eff. Sept. 1, 1951. 2014, 24:1, eff. July 22, 2014.