reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 377 - Railroad Transportation of Passengers, Baggage and Freight › Section 377:19 - Other Property.

377:19 Other Property. –
It may sell by auction any other property that has been transported by it and has not been removed by the owner or consignee within one year after its arrival at the place of destination.
Source.
1881, 80:1. 1883, 30:1. PS 160:27. PL 251:42. RL 301:42. 1951, 203:60 par. 19, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 377 - Railroad Transportation of Passengers, Baggage and Freight › Section 377:20 - Notice.

377:20 Notice. –
In such case it shall post a notice of the time and place of the sale and of the articles to be sold in 2 or more public places in the town where the property is situated at least 7 days before the day of sale; and, if the value of the property exceeds $100, it shall publish a like notice in some newspaper published in that or some neighboring town.
Source.
1881, 80:1. 1883, 30:1. PS 160:27. PL 251:43. RL 301:43. 1951, 203:60 par. 20, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 377 - Railroad Transportation of Passengers, Baggage and Freight › Section 377:21 - Accounting.

377:21 Accounting. –
It shall make a statement of its doings in making the sale, of the proceeds thereof, of the charges and expenses incident thereto and of its charges against the consignee or owner, and shall cause the same to be recorded in the town clerk's office, and it shall pay on demand the balance of the proceeds above such charges to the owner of the property or the person entitled thereto. If unclaimed, such proceeds shall be held subject to the provisions of RSA 471-C.
Source.
1881, 80:1. 1883, 30:1. PS 160:28. PL 251:44. RL 301:44. 1951, 203:60 par. 21. RSA 377:21. 1965, 214:4. 1988, 256:5, eff. June 29, 1988.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:1 - Schedules.

378:1 Schedules. –
Every public utility shall file with the public utilities commission, and shall print and keep open to public inspection, schedules showing the rates, fares, charges and prices for any service rendered or to be rendered in accordance with the rules adopted by the commission pursuant to RSA 541-A; provided, however, that public utilities which serve as seasonal tourist attractions only, as determined in accordance with rules adopted by the commission pursuant to RSA 541-A, shall be exempt from the provisions of this chapter.
Source.
1911, 164:7. PL 242:1. RL 292:1. 1951, 203:46 par. 1. RSA 378:1. 1983, 115:1, eff. July 24, 1983.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:1-a - Exceptions.

378:1-a Exceptions. –
Except as provided otherwise within this chapter and except for 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. Excepted local exchange carriers shall post the rates, fares, charges, prices, terms, and conditions of all such services on its publicly available website.
Source.
2012, 177:15, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:2 - Form.

378:2 Form. –
In the case of public utilities subject to regulation by duly constituted federal authority, the requirements relative to the filing of schedules with the commission and to the publication thereof shall conform as nearly as may be to the requirements of said federal authority.
Source.
1911, 164:7. 1913, 145:7. PL 242:2. RL 292:2. 1951, 203:46 par. 2, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:3 - Change.

378:3 Change. –
Unless the commission otherwise orders, no change shall be made in any rate, fare, charge or price, which shall have been filed or published by a public utility in compliance with the requirements hereof, except after 30 days' notice to the commission and such notice to the public as the commission shall direct.
Source.
1911, 164:7. 1913, 145:7. PL 242:3. RL 292:3. 1951, 203:46 par. 3, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:3-a - Fuel Adjustment Charge.

378:3-a Fuel Adjustment Charge. –
I. In this section "fuel adjustment charge" means a charge designed to cover increases and decreases in the cost of purchased electric power for a public utility purchasing electric power and increases and decreases in the delivered cost of fuel to the generating plant site for a public utility generating its own electric power.
II. No public utility which generates its own electric power may levy a fuel adjustment charge unless it secures approval from the commission subsequent to a public hearing held at least 7 days prior to the first day of each month in which the charge is to be levied.
III. Any public utility which does not generate its own electric power that purchases electric power already subject to a fuel adjustment charge approved by the regulatory agency having jurisdiction over said charge shall not be required to secure approval from the commission by public hearing prior to passing on the fuel adjustment charge in the cost of purchased electric power to its customers.
Source.
1976, 58:1. 1979, 18:1, eff. March 27, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:4 - Retroactive Reduction.

378:4 Retroactive Reduction. –
The commission may approve a general retroactive reduction in rates by any public utility, covering service for which payment has not been made, when no discrimination will be caused thereby.
Source.
1913, 145:7. PL 242:4. RL 292:4. 1951, 203:46 par. 4, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:5 - Higher Rates.

378:5 Higher Rates. –
Whenever any schedule shall be filed with the commission stating new and higher rates, fares, charges or prices, which the public utility filing the same proposes to put into force, the commission may investigate the reasonableness of such proposed rates, fares, charges or prices.
Source.
1911, 164:7. PL 242:5. RL 292:5. 1951, 203:46 par. 5, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:7 - Fixing of Rates by Commission.

378:7 Fixing of Rates by Commission. –
Whenever the commission shall be of opinion, after a hearing had upon its own motion or on motion of the department of energy or upon complaint, that the rates, fares or charges demanded or collected, or proposed to be demanded or collected, by any public utility for service rendered or to be rendered are unjust or unreasonable, or that the regulations or practices of such public utility affecting such rates are unjust or unreasonable, or in any wise in violation of any provision of law, or that the maximum rates, fares or charges chargeable by any such public utility are insufficient, the commission shall determine the just and reasonable or lawful rates, fares and charges to be thereafter observed and in force as the maximum to be charged for the service to be performed, and shall fix the same by order to be served upon all public utilities by which such rates, fares and charges are thereafter to be observed. The commission shall be under no obligation to investigate or hear any rate matter which it has investigated within a period of 2 years, but may do so within said period at its discretion.
Source.
1913, 145:10. PL 242:7. RL 292:7. 1951, 203:46 par. 7, eff. Sept. 1, 1951. 2021, 91:289, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:7-a - Energy Policy Act Standards.

378:7-a Energy Policy Act Standards. –
Consistent with their statutory authority, the commission and the department of energy may establish requirements, standards, and rate mechanisms for net metering, fuel diversity, fossil fuel generation efficiency, advanced metering, time-based rates, demand response practices, electric vehicle charging programs, and interconnection with on-site generation facilities of customers in a manner not inconsistent with section 111 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. Chapter 46) as amended by the Energy Policy Act of 2005 and 16 U.S.C. section 2621 (20) and (21).
Source.
1978, 29:1. 2007, 25:9, eff. May 11, 2007. 2021, 91:289, eff. July 1, 2021. 2023, 243:9, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:7-c - Electric Customer Defined.

378:7-c Electric Customer Defined. –
The term "electric customer" means any customer to which electric energy is sold for purposes other than for resale.
Source.
1978, 29:1, eff. Jan. 1, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:8 - Burden of Proof.

378:8 Burden of Proof. –
When any public utility shall seek the benefit of any order of the commission allowing it to charge and collect rates higher than charged at the time said order is asked for, the burden of proving the necessity of the increase shall be upon such applicant.
Source.
1913, 145:10. PL 242:8. RL 292:10. 1951, 203:46 par. 8, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:9 - Emergency.

378:9 Emergency. –
Whenever the commission shall be of the opinion that an emergency exists, it may authorize any public utility temporarily to alter, amend or suspend any existing rate, fare, charge, price, classification or rule or regulation relating thereto.
Source.
1913, 145:12. PL 242:10. RL 292:10. 1951, 203:46 par. 9, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:10 - Preferences.

378:10 Preferences. –
No public utility shall make or give any undue or unreasonable preference or advantage to any person or corporation, or to any locality, or to any particular description of service in any respect whatever or subject any particular person or corporation or locality, or any particular description of service, to any undue or unreasonable prejudice or disadvantage in any respect whatever.
Source.
1911, 164:7. PL 242:11. RL 292:11. 1951, 203:46 par. 10, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:11 - Exceptions.

378:11 Exceptions. –
The provisions of RSA 378:10 shall not require absolute uniformity in the charges made and demanded by public utilities when the circumstances render any lack of uniformity reasonable, nor prevent telephone, telegraph and cable companies from entering into contracts, subject to the approval of the commission, with common carriers for the exchange of services, nor affect existing contracts relating thereto, nor prohibit a public utility from establishing differential rates or a sliding scale for the automatic adjustment of such charges if said rates or sliding scale, subject to the approval of the commission, shall be reasonable and just, nor prevent a railroad from providing tickets at reduced rates for commutation travel, excursion trips and other classes of passenger traffic subject to the approval of the commission.
Source.
1911, 164:7. PL 242:12. RL 292:12. 1951, 203:46 par. 11, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:11-a - Economic Development and Retention Rates.

378:11-a Economic Development and Retention Rates. –
I. Notwithstanding any other provision of law to the contrary, the commission shall establish procedures for the review and approval of tariffs for electric service rates that foster economic development and of tariffs for retention of existing load within the state. For the purposes of this section the term "economic development rates" means rates, the purpose of which is to attract new industrial companies to the state and to encourage expansion of existing industrial load that would otherwise not occur in the state. For the purposes of this section "retention rates" means rates, the purpose of which is to retain existing industrial load that would otherwise leave the utility. Such procedures shall provide that all electric public utilities serving retail customers may file with the commission generally available rate schedules for the provision of economic development rates and/or retention rates to industrial customers. Such rates shall take into consideration eligibility criteria, the effect on the utility's fixed and variable costs, the amount of new demand and energy for electric service involved, the effect on employment within the state, material adverse competitive impact on existing in-state firms, and end-user participation in conservation programs and other state established economic development enhancement programs.
II. To ensure fairness in the application of the retention rate to industrial load that is not planning to leave the utility, if the commission finds that it is in the public good, the retention rate may also be offered to a direct competitor of a company that has qualified for such rate.
III. (a) Except as provided in paragraph II, retention rates shall be available to a customer only if the utility represents that the load would otherwise have left the utility.
(b) Economic development rates shall be available to all new industrial companies to the state and for all expansion of existing load without such representation by the utility, provided that eligibility criteria are met.
IV. (a) In any rate proceeding subsequent to approval of economic development rates or retention rates, the commission shall not impute to the utility's test year revenues or revenue requirement the difference between the regular tariffed rate and the economic development rate or retention rate provided that those customers qualify for the rate.
(b) The incremental benefit of the economic development rate, which is the excess of the incremental revenues over the incremental cost attributable to the economic development rate, shall be allocated by the commission between the utility and its other ratepayers in a manner consistent with the public interest, as determined by the commission.
V. The rates established in this section shall not be available after December 31, 2002.
Source.
1995, 272:9. 1996, 186:2, eff. June 3, 1996.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:14 - Free Service, Etc.

378:14 Free Service, Etc. –
No public utility shall grant any free service, nor charge or receive a greater or lesser or different compensation for any service rendered to any person, firm or corporation than the compensation fixed for such service by the schedules on file with the commission and in effect at the time such service is rendered.
Source.
1913, 99:2. PL 242:15. RL 292:15. 1951, 203:46 par. 14, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:14-a - Emergency Calls.

378:14-a Emergency Calls. –
Notwithstanding the provisions of RSA 378:14, telephone companies authorized by the commission to do business in any town shall, at the customer's request, adjust the charges for tolls to such customer so that no toll charges shall be imposed for any call from any point within the geographical boundaries of said town placed through such company to the emergency number of an agency of local government located within such town, provided, however, that such request for adjustment is made at the company's business office prior to paying such charges.
Source.
1977, 500:1, eff. Sept. 12, 1977.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:15 - Service to Officers, Etc.

378:15 Service to Officers, Etc. –
I. Nothing herein shall prevent any public utility from granting free or reduced rate service to its officers and employees, nor any telephone or telegraph utility from granting franks for free service to the officials of other utilities engaged in the operation of telephone or telegraph properties, nor prevent any public utility from granting free or reduced rate service to charitable organizations or to municipalities.
II. In the case of electric utilities, if such a utility offers free or reduced rate service to its officers and employees, as provided in paragraph I of this section, then the subsidy created by such service shall be borne by all classes of customers in direct proportion to each class's consumption of kilowatt hours.
Source.
1913, 99:2. PL 242:16. RL 292:16. 1951, 203:46 par. 15. RSA 378:15. 1977, 163:1, eff. Aug. 6, 1977.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:16 - Statements of Service at Less Than Schedule Rates.

378:16 Statements of Service at Less Than Schedule Rates. –
Statements shall be filed with the commission, in such form as the commission shall require, showing all service of any kind granted at less than the regular schedule rates.
Source.
1913, 99:2. PL 242:17. RL 292:17. 1951, 203:46 par. 16, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:17 - Discontinuance, Etc., of Free or Reduced Rate Service.

378:17 Discontinuance, Etc., of Free or Reduced Rate Service. –
In any case where the commission shall investigate the rates, charges or prices of any public utility in any town or city, if it shall be of the opinion that the furnishing of free or reduced rate service under the authority hereof operates unreasonably to increase the rates, charges and prices to the public, it may, to such extent as in its opinion justice may require, order a discontinuance of such free service, or an increase in the rates, charges or prices collected for such service, or any part thereof.
Source.
1913, 99:2. PL 242:18. RL 292:18. 1951, 203:46 par. 17, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:17-a - Local Telephone Calling Areas and Intrastate Access Charges.

378:17-a Local Telephone Calling Areas and Intrastate Access Charges. –
I. In this section, "local calling area" means the area which may be called from a telephone calling exchange without paying toll charges or access charges.
II. If the commission uses a community of interest standard to limit requests to add additional exchanges to a local calling area, the commission should not reject requests solely because few calls are currently being made between the exchanges that would become local calls if the request were granted. If few calls are currently being made, the commission should consider the likelihood of significant increases in the number of calls between the exchanges if the request is granted and these calls become local calls, especially where public school district boundaries indicate that this is likely to occur.
III. (a) The commission should, as soon as possible after each significant decrease of interstate access charges by the federal government, consider corresponding reductions in intrastate access charges, taking into account both the disadvantages to customers of intrastate access charges that exceed interstate access charges and the disadvantages to customers of increases in charges for basic services.
(b) The commission should consider reducing intrastate access charges and increasing basic monthly service charges for local exchange carrier telephone utilities that have both a higher intrastate access charge than the state median intrastate access charge and a lower basic monthly service charge than the state median basic monthly service charge for exchanges with similar numbers of telephones within the local calling area.
Source.
2000, 33:2, eff. June 2, 2000.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:17-b - Competitive Telephone Services Information.

378:17-b Competitive Telephone Services Information. –
I. The commission is authorized to require telephone utilities that are also providers of competitive telephone services within New Hampshire or outside of New Hampshire to provide information to the commission concerning potential separation or divestiture. The information shall include the costs and other adverse consequences of requiring the separation of these businesses into 2 separate subsidiaries or the divestiture of one or the other into a completely separate corporate entity. This information may be required of any telephone utility which is engaged in any competitive business and which is also engaged either in any non-competitive business, or in any competitive business in which it has a market share exceeding 80 percent.
II. The commission is authorized to require telephone utilities that are required to make services available to competitive resellers to provide information to the commission concerning potential separation or divestiture. The information shall include the costs and other adverse consequences of requiring the separation or divestiture of the competitive portion of their business which competes with the competitive resellers. It should be assumed that the separated or divested portion would then be removed from price regulation.
III. The commission may require information pursuant to this section from all telephone utilities, or from telephone utilities larger than a specified size with or without a representative sample of telephone utilities smaller than that size, at the commission's discretion.
IV. The commission shall not mandate separation or divestiture without legislative approval unless so required by federal law.
Source.
2000, 33:2, eff. June 2, 2000.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:18 - Special Contracts for Service.

378:18 Special Contracts for Service. –
Nothing herein shall prevent a public utility from making a contract for service at rates other than those fixed by its schedules of general application, if special circumstances exist which render such departure from the general schedules just and consistent with the public interest and, except as provided in RSA 378:18-b, the commission shall by order allow such contract to take effect.
Source.
1913, 99:2. PL 242:19. RL 292:19. 1951, 203:46 par. 18. RSA 378:18. 1996, 186:3, eff. June 3, 1996.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:18-a - Special Contracts; Electric Utilities.

378:18-a Special Contracts;  Electric Utilities. –
I. Notwithstanding any provision of law to the contrary, for the purposes of ratemaking, an electric utility that has adopted special contracts prior to the effective date of this section shall not be allowed to recover from other ratepayers the difference between the regular tariffed rate and the special contract rate, unless and only to the extent that the commission determines that it is in the public interest and equitable to other ratepayers.
II. After the effective date of this section, new special contracts designed to retain load shall be available to an electric utility customer only if the utility represents that the load would otherwise have left the utility, the contract is approved pursuant to RSA 378:18, and the commission determines that no tariffed rate is sufficient to retain the load.
III. After the effective date of this section, new special contracts designed to attract load shall be available to an electric utility customer only if the contract is approved pursuant to RSA 378:18 and the commission determines that no tariffed rate is sufficient to attract the load.
IV. In any electric utility rate proceeding subsequent to approval of special contracts, the commission shall not impute to the utility's test year revenues or revenue requirement the difference between the regular tariffed rate and the special contract rate.
Source.
1996, 186:4, eff. June 3, 1996.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:18-b - Special Contracts; Telephone Utilities.

378:18-b Special Contracts;  Telephone Utilities. –
I. In this section:
(a) "Toll service" means switched telephone calls to locations outside of the local service area of the caller, as defined in the serving telephone utility's tariffs on file with the commission.
(b) "Incumbent local exchange carrier" means a local exchange carrier authorized to do business in the state prior to the passage of the federal Telecommunications Act of 1996.
II. (a) Except as provided in RSA 378:18-b, III, any special contracts for incumbent local exchange carriers providing telephone services shall be filed with the commission and shall become effective 30 days after filing, provided the rates are set not less than:
(1) The incremental cost of the relevant service; or
(2) Where the telephone utility's competitors must purchase access from the telephone utility to offer a competing service, the price of the lowest cost form of access that competitors could purchase to compete for customers with comparable volumes of usage, plus the incremental cost of related overhead.
(b) The commission may, in its discretion and with reasonable explanation, extend the effective date of the special contract by 30 days.
III. Notwithstanding any other law to the contrary, special contracts for toll service provided by incumbent local exchange carriers need not be filed with the commission for its approval in order for the special contract to take effect. Copies of such special contracts shall be filed with the commission within 7 business days after the special contract's effective date. The commission may investigate a special contract for toll service to determine whether the rates are consistent with the cost considerations of this section. If the special contract for toll service is not consistent with the cost considerations of this section, the parties shall either cancel the special contract or agree to revise the rate.
Source.
1996, 186:4. 2001, 76:1, eff. Aug. 18, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:19 - Filing.

378:19 Filing. –
Such contracts shall be filed and made public in such manner as the commission shall require, and shall constitute a part of the published schedules of the public utility making the same.
Source.
1913, 99:2. PL 242:20. RL 292:20. 1951, 203:46 par. 19, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:20 - Contracts With Municipalities and Other Utilities.

378:20 Contracts With Municipalities and Other Utilities. –
Any public utility shall make, renew, or extend any contract for the delivery of electrical energy to a municipality, or political subdivision thereof, or to another utility upon such terms and conditions consistent with the public good as the commission shall order.
Source.
1929, 179:1. 1933, 74:1. RL 292:21. 1951, 203:46 par. 20, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:21 - Rebates, Etc.

378:21 Rebates, Etc. –
No public utility shall, directly or indirectly or by any special rate, rebate, drawback or other device or method, make any deviation from the rates, fares, charges or prices for any service rendered by it specified in its schedules on file and in effect at the time such service was rendered.
Source.
1913, 99:2. PL 242:21. RL 292:22. 1951, 203:46 par. 21, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:22 - For Furnishing Facilities.

378:22 For Furnishing Facilities. –
No public utility shall demand or receive less compensation for any service rendered, or to be rendered, by such public utility in consideration of the furnishing of any part of the facilities incident thereto.
Source.
1913, 99:2. PL 242:22. RL 292:23. 1951, 203:46 par. 22, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:23 - Limitation.

378:23 Limitation. –
Nothing herein shall prohibit any public utility from renting any facilities incident to its service and paying a reasonable rental therefor, or require any public utility to furnish any part of such appliances which are situated in and upon the premises of any consumer, except telephone station equipment upon the premises of subscribers, and, unless otherwise ordered by the commission, meters and appliances for measurement of any service.
Source.
1913, 99:2. PL 242:23. RL 292:24. 1951, 203:46 par. 23, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:24 - Contracts for Advertising.

378:24 Contracts for Advertising. –
All advertising contracts of public utilities shall be made at regular, established, commercial advertising rates; and such contracts shall be open to inspection by the commission and the department of energy at all times.
Source.
1913, 99:2. PL 242:24. RL 292:25. 1951, 203:46 par. 24, eff. Sept. 1, 1951. 2021, 91:290, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:26 - Filing; Inspection.

378:26 Filing;  Inspection. –
A copy of such list for the preceding year shall be filed with the commission and the department of energy, in such form and under such regulations as they may prescribe. Such list, together with the books, records and papers of the carrier so far as relevant, shall be open at all times to the inspection of the commission, who shall examine the same whenever they deem it necessary to the due enforcement of this title.
Source.
1913, 99:2. PL 242:26. RL 292:27. 1951, 203:46 par. 26, eff. Sept. 1, 1951. 2021, 91:291, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:27 - Temporary Rates.

378:27 Temporary Rates. –
In any proceeding involving the rates of a public utility brought either upon motion of the commission or the department of energy or upon complaint, the commission may, after reasonable notice and hearing, if it be of the opinion that the public interest so requires, immediately fix, determine, and prescribe for the duration of said proceeding reasonable temporary rates; provided, however, that such temporary rates shall be sufficient to yield not less than a reasonable return on the cost of the property of the utility used and useful in the public service less accrued depreciation, as shown by the reports of the utility filed with the commission and the department of energy, unless there appears to be reasonable ground for questioning the figures in such reports.
Source.
1941, 148:1. RL 292:28. 1951, 203:46 par. 27, eff. Sept. 1, 1951. 2021, 91:291, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:28 - Permanent Rates.

378:28 Permanent Rates. –
So far as possible, the provisions of RSA 378:27 shall be applied by the commission in fixing and determining permanent rates, as well as temporary rates. The commission shall not include in permanent rates any return on any plant, equipment, or capital improvement which has not first been found by the commission to be prudent, used, and useful. Nothing contained in this section shall preclude the commission from receiving and considering any evidence which may be pertinent and material to the determination of a just and reasonable rate base and a just and reasonable rate of return thereon.
Source.
1951, 203:46 par. 28. RSA 378:28. 1993, 223:1; 330:4. 1994, 193:5, eff. July 23, 1994.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:29 - Adjustment.

378:29 Adjustment. –
Temporary rates so fixed, determined, and prescribed under this subdivision shall be effective until the final determination of the rate proceeding, unless terminated sooner by the commission. In every proceeding in which temporary rates are fixed, determined, and prescribed under this subdivision, the commission shall consider the effect of such rates in fixing, determining, and prescribing rates to be thereafter demanded or received by such public utility on final determination of the rate proceeding. If, upon final disposition of the issues involved in such proceeding, the rates as finally determined are in excess of the rates prescribed in such temporary order, then such public utility shall be permitted to amortize and recover, by means of a temporary increase over and above the rates finally determined, such sum as shall represent the difference between the gross income obtained from the rates prescribed in such temporary order and the ross income which would have been obtained under the rates finally determined if applied during the period such temporary order was in effect.
Source.
1941, 148:2. RL 292:29. 1951, 203:46 par. 29, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:30 - Bond.

378:30 Bond. –
If temporary rates are prescribed under RSA 378:27 which are higher than those previously in effect, the commission may require the public utility to file a bond in such form and with such sureties, if any, as the commission may determine, to secure the repayment to the customers of the public utility of the difference between the amounts collected under such temporary rates and the rates which the commission finds should have been in effect during the continuance of such temporary rates.
Source.
1951, 203:46 par. 30, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:30-a - Public Utility Rate Base; Exclusions.

378:30-a Public Utility Rate Base;  Exclusions. –
Public utility rates or charges shall not in any manner be based on the cost of construction work in progress. At no time shall any rates or charges be based upon any costs associated with construction work if said construction work is not completed. All costs of construction work in progress, including, but not limited to, any costs associated with constructing, owning, maintaining or financing construction work in progress, shall not be included in a utility's rate base nor be allowed as an expense for rate making purposes until, and not before, said construction project is actually providing service to consumers.
Source.
1979, 101:1, eff. May 7, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:30-b - Conservation Investments; Included in Rates.

378:30-b Conservation Investments;  Included in Rates. –
The commission may include the cost or value of capital improvements or programs in the rates of a utility when the capital improvement or program provides for the conservation of the energy or water provided by the utility, regardless of whether the utility's capital improvement or program is implemented in or on the utility's premises or at the location of the user of the energy or of the water.
Source.
1990, 130:2, eff. June 18, 1990.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:30-c - Exclusion of State Grant Funds From Rate Base.

378:30-c Exclusion of State Grant Funds From Rate Base. –
The commission shall exclude any grants provided by the department of environmental services under RSA 486-A from the rates of water utilities. Utilities shall comply with the notice provisions of RSA 486-A:10 concerning such grants.
Source.
1993, 341:4, eff. July 1, 1993.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:30-d - Regional Technical Planning and New Source Development; Included in Rates.

378:30-d Regional Technical Planning and New Source Development;  Included in Rates. –
Notwithstanding the provisions of RSA 378:30-a, the commission may include the cost or value of capital improvements or programs in the rates of a utility when the capital improvement or program is directly related to technical planning of regional water supply development or is directly related to development of new water supply sources.
Source.
2002, 141:6, eff. May 13, 2002.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:30-e - Exclusion of Lobbying and Political Activity Costs From Rates.

378:30-e Exclusion of Lobbying and Political Activity Costs From Rates. –
The commission shall exclude the cost of lobbying and political activity from the rates of public utilities. For purposes of this section, "lobbying" is any activity requiring registration pursuant to RSA 15:1 and "political activity" is any activity conducted in support of a candidate committee, a political committee, or an inaugural committee, or in support of or opposition to a candidate for public office, regardless of whether such lobbying or political activity is undertaken directly or indirectly on behalf of a public utility.
Source.
2019, 244:1, eff. Sept. 10, 2019.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:31 - Appeals.

378:31 Appeals. –
Procedure to be followed in connection with appeals shall be in accordance with RSA 541.
Source.
1941, 148:3. RL 292:30. 1951, 203:46 par. 31, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:32 - Commission May Establish Joint Service.

378:32 Commission May Establish Joint Service. –
I. The public utilities commission may establish joint services between localities which cannot be reached either by the lines of a single utility or by the use of other lines with suitable connections.
II. The public utilities commission, after a hearing upon complaint or on its own initiative, may establish joint services for 2 or more telephone utilities when the lines or wires form a continuous line of communication or could form a continuous line by:
(a) Construction and maintenance of suitable connections;
(b) Joint use of equipment; or
(c) Transfer of messages at common points.
III. The public utilities commission may determine the rates, fares and charges to be used by utilities engaged in joint services and may adopt rules, pursuant to RSA 541-A, relative to rates, fares, charges and classifications.
Source.
1985, 402:21.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:33 - Division of Rates.

378:33 Division of Rates. –
The commission may adopt rules, pursuant to RSA 541-A, relative to the division of joint rates, fares, charges, and classifications between telephone utilities engaging in joint services whenever the divisions shall not be made by agreement. Any division agreed upon shall be subject to revision by the commission if found to be inconsistent with the public interest.
Source.
1985, 402:21.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:34 - Termination.

378:34 Termination. –
Whenever joint service has been established by 2 or more public utilities, the commission shall have authority to prevent any unjust or unreasonable termination of the same or to order the reestablishment of such service if so terminated.
Source.
1985, 402:21.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:35 - Fixing Rates.

378:35 Fixing Rates. –
Whenever, after hearing and investigation, the commission shall find any joint rate, fare, charge or price demanded and collected for any existing joint service participated in by 2 or more public utilities to be unjust, unreasonable or discriminatory, it shall fix the same upon a just, reasonable and nondiscriminatory basis.
Source.
1985, 402:21.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:36 - Apportionment.

378:36 Apportionment. –
If the public utilities affected thereby shall fail to agree upon the division or apportionment thereof, the commission may prescribe the division of such joint rates, fares, charges and classifications between such public utilities and may revise any division agreed upon which shall be found inconsistent with the public interest. In making such apportionment, the commission shall consider the financial impact of the apportionment on each utility affected by such apportionment.
Source.
1985, 402:21. 1990, 109:2, eff. June 12, 1990.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:37 - New Hampshire Energy Policy.

378:37 New Hampshire Energy Policy. –
The general court declares that it shall be the energy policy of this state to meet the energy needs of the citizens and businesses of the state at the lowest reasonable cost while providing for the reliability and diversity of energy sources; to maximize the use of cost effective energy efficiency and other demand side resources; and to protect the safety and health of the citizens, the physical environment of the state, and the future supplies of resources, with consideration of the financial stability of the state's utilities.
Source.
1990, 226:1, eff. Jan. 1, 1991. 2014, 129:1, eff. Aug. 15, 2014.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:38 - to 378:40 Repealed by 2023, 233:1, eff. Oct. 7, 2023.

378:38 to 378:40 Repealed by 2023, 233:1, eff. Oct. 7, 2023. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:44 - Definitions.

378:44 Definitions. –
In this subdivision:
I. "Billing aggregator" means a person, other than a service provider, who forwards a charge for a product or service offered by a service provider to the utility company for billing to the customer.
II. "Commission" means the public utilities commission.
III. "Cramming" means a submission or inclusion of unauthorized, misleading, or deceptive charges for products or services on a customer's utility bill. Cramming shall not include tariffed charges or charges required or otherwise allowed by law.
IV. "Customer" means the party identified in the account records of the utility company, a person contractually or otherwise lawfully authorized to represent such party, or a person identified in such records as authorized to change the services subscribed to or to charge services to the account.
V. "Electric distribution company" means the company franchised by the commission to provide retail electric delivery service, provided, however, that municipal electric utilities and rural electric cooperatives for which certificates of deregulation are on file with the commission pursuant to RSA 301:57 shall not be considered electric distribution companies.
VI. "Gas distribution company" means the company franchised by the commission to provide retail gas delivery service.
VII. "Local exchange carrier" means the company that provides local telephone exchange service.
VIII. "Service provider" means a person that offers a product or service to a customer and directly or indirectly sends the billable charges or credits to the utility company for billing to the customer. A customer's energy supplier shall not be deemed to be a service provider.
IX. "Utility company" means the local exchange carrier, electric distribution company, or gas distribution company who renders the utility bill to the customer for telephone, electric, or gas services, respectively.
Source.
1999, 168:1. 2002, 12:2, eff. Mar. 25, 2002.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:45 - Registration Required.

378:45 Registration Required. –
All billing aggregators and service providers which directly submit charges to a utility company for inclusion on the utility bill shall be registered with the commission. The commission may revoke a registration for cause. The registration of a billing aggregator may be revoked based upon the fraudulent behavior or conduct of a service provider for whom the billing aggregator is billing.
Source.
1999, 168:1. 2002, 12:2, eff. Mar. 25, 2002.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:46 - Cramming Prohibited.

378:46 Cramming Prohibited. –
No billing aggregator or service provider shall engage in cramming. Any billing aggregator or service provider that engages in cramming shall be subject to an administrative fine in an amount to be determined by the commission, not to exceed $1,000 per offense. The commission may consider intent as a factor when assessing administrative fines. The commission may prohibit a billing aggregator or service provider that engages in cramming from billing through the utility company.
Source.
1999, 168:1. 2002, 12:2, eff. Mar. 25, 2002.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:47 - Charges by Service Providers.

378:47 Charges by Service Providers. –
I. (a) Upon determining that it is technically and economically feasible, the commission shall require local exchange carriers to permit a customer to place a block on an account that prevents any non-telecommunications-related charges that do not originate from the customer's local exchange or long distance carrier from appearing on the customer's local exchange carrier bill.
(b) A local exchange carrier is prohibited from terminating the essential voice local exchange service of any customer for failure to pay charges from a billing aggregator or service provider that are disputed by the customer.
II. (a) Upon determining that it is technically and economically feasible, the commission shall require electric and gas distribution companies to permit a customer to place a block on an account that prevents any charges that do not originate from the customer's energy supplier or distribution company from appearing on the customer's distribution company bill.
(b) An electric or gas distribution company is prohibited from terminating the transition service, default service, or distribution service of any customer for failure to pay charges from a billing aggregator or service provider.
Source.
1999, 168:1. 2002, 12:2, eff. Mar. 25, 2002.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:48 - Rulemaking.

378:48 Rulemaking. –
The commission shall adopt rules, pursuant to RSA 541-A, and consistent with rules regarding cramming adopted by the Federal Communications Commission and the Federal Energy Regulatory Commission, to enforce the provisions of this subdivision.
Source.
1999, 168:1. 2002, 12:2, eff. Mar. 25, 2002.