reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:22-k - Definitions.

374:22-k Definitions. –
In this subdivision:
I. "Number retention" means the ability of a telephone service customer to retain that customer's direct inward dialing telephone number at the same location, or a different location served by the central office that provides private branch exchange service to the shared tenant services provider, when switching service providers.
II. "Private branch exchange" means a telephone switch that can switch voice and data communications among the users of such switch, to the local telephone utility's central office or directly to inter-exchange carriers.
III. "Shared tenant services" means voice and data communications services under which tenants at a single building, business park, office park, or mall are provided with such services through a private branch exchange.
Source.
1997, 288:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:22-l - Shared Tenant Services Authorized; Limited Regulation.

374:22-l Shared Tenant Services Authorized;  Limited Regulation. –
I. The department of energy shall authorize the provision of shared tenant services by providers meeting the minimum requirements established by the department of energy to operate shared tenant services networks.
II. Providers of shared tenant services shall be subject to the following limited regulation by the department of energy:
(a) Providers of shared tenant services shall disclose to tenants and prospective tenants all pricing information relative to their services in the manner prescribed by the department of energy.
(b) Providers of shared tenant services shall disclose to tenants and prospective tenants that they can at their option obtain basic exchange and other service from an authorized local telephone utility rather than from the shared tenant services provider.
(c) Without penalty and in accordance with the rules of the department of energy, telephone number retention and access to telecommunications services shall be permitted by providers of shared tenant services and authorized local telephone utilities into and out of shared tenant services properties.
(d) The department of energy shall have jurisdiction to hear matters pertaining to the unauthorized provision of shared tenant services, violations of department rules relating to shared tenant services, and customer complaints against shared tenant services providers.
Source.
1997, 288:1, eff. Jan. 1, 1998. 2021, 91:269, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:22-m - Rulemaking.

374:22-m Rulemaking. –
The department of energy shall adopt rules, pursuant to RSA 541-A, relative to:
I. Minimum requirements for shared tenant services, including disclosure of available options and terms and prices of shared tenant services.
II. Customer access to services of authorized local telephone utilities.
III. Telephone number retention and recovery of costs, if any, associated with number retention.
IV. The charges a local telephone utility establishes for a shared tenant services provider to purchase services for use by the provider's tenants.
V. Procedures for complaints to the department regarding shared tenant services.
Source.
1997, 288:1, eff. Jan. 1, 1998. 2021, 91:269, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:22-n - Penalty.

374:22-n Penalty. –
Any person who violates the provisions of this subdivision shall, after notice and an opportunity for hearing, be subject to a civil penalty not to exceed $1,000 per day of such violation.
Source.
1997, 288:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:22-o - Regulation of Competitive Telecommunications Providers Limited.

374:22-o Regulation of Competitive Telecommunications Providers Limited. –
Any person or business entity authorized by the department of energy to engage in business as a competitive local exchange carrier and any competitive toll provider having less than a 10 percent share of toll revenue in New Hampshire shall not be required to seek prior department approval of financings or corporate organizational changes, including, without limitation, mergers, acquisitions, corporate restructurings, issuance or transfer of securities, or the sale, lease, or other transfer of assets or control. Nothing in this section shall exempt any such competitive telecommunications service provider from such advance notice as the department may prescribe or from the requirements of RSA 374:28-a or RSA 378:46.
Source.
2000, 276:4. 2001, 248:2, eff. Sept. 11, 2001. 2021, 91:270, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:24 - Foreign Business Entity.

374:24 Foreign Business Entity. –
No permission under RSA 374:22 shall be granted to any business entity not organized under the laws of this state, and no authority to transfer or lease the franchises, works, or system, or any part of the franchises, works, or system of any public utility in this state to any such business entity shall be granted under RSA 374:30. Business entities which are public utilities organized under the laws of another state and which furnish utility service in towns outside the state may furnish utility service to New Hampshire towns adjacent to the state boundaries when the public utilities commission finds this service to be in the public interest.
Source.
1913, 145:13. PL 240:22. RL 289:22. RSA 374:24. 1967, 181:1. 1981, 449:3, eff. Aug. 22, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:25 - Exceptions.

374:25 Exceptions. –
RSA 374:24 shall not apply to:
I. Any business entity operating a public utility plant in this state on June 1, 1911, or doing or desiring to do an interstate business;
II. Any electric utility as defined in RSA 374-A:1 participating or desiring to participate in an electric power facility within this state in accordance with RSA 374-A;
III. Any foreign business entity authorized by the Interstate Commerce Commission to operate motor vehicles for the carriage of passengers for hire in interstate commerce over the highways of this state which presently conducts or desires to conduct the business of transportation of passengers and/or baggage, mail, newspapers and express in the same vehicles with passengers for hire by motor vehicles in intrastate commerce; or
IV. Any telecommunications utility, foreign or domestic, fully registered with the New Hampshire secretary of state and in compliance with commission requirements.
Source.
1913, 145:13. PL 240:23. RL 289:23. RSA 374:25. 1955, 101:1. 1975, 501:2. 1981, 449:4. 1994, 193:4, eff. July 23, 1994.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:26 - Permission.

374:26 Permission. –
The commission shall grant such permission whenever it shall, after due hearing, find that such engaging in business, construction or exercise of right, privilege or franchise would be for the public good, and not otherwise; and may prescribe such terms and conditions for the exercise of the privilege granted under such permission as it shall consider for the public interest. Such permission may be granted without hearing when all interested parties are in agreement.
Source.
1911, 164:13. 1913, 145:13. PL 240:24. RL 289:24. RSA 374:26. 1961, 130:1, eff. July 17, 1961.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:27 - Time Limit.

374:27 Time Limit. –
Authority granted under RSA 374:20-22 and 374:24-26 may only be exercised within 2 years after the same shall be granted, and shall not be exercised thereafter.
Source.
1911, 164:13. 1913, 145:13. PL 240:25. RL 289:25.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:28 - Authority of Commission.

374:28 Authority of Commission. –
The commission may authorize any public utility to discontinue, temporarily or during such portion of each year as the commission may deem expedient, any part of its service whenever it shall appear that such temporary or seasonal discontinuance will not unreasonably inconvenience the public, or to discontinue the same permanently and remove the equipment essential to the same, whenever it shall appear that the public good does not require the further continuance of such service. The commission, upon its own motion or upon petition of any interested party, may make an order withdrawing from a public utility its authority to engage in business in all or any part of the territory in which it is authorized to operate whenever it shall find, after notice and public hearing, that said utility has declined or unreasonably failed to render service in said territory or that its service in said territory is inadequate, no sufficient reason for such inadequacy appearing.
Source.
1917, 82:1. 1921, 139:1. PL 240:26. 1927, 125:1. RL 289:26.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:28-a - Slamming Prohibited.

374:28-a Slamming Prohibited. –
I. "Slamming" is any practice that changes a consumer's telecommunications or energy-related service carrier or provider without the customer's knowledge or consent. For purposes of this section, a "customer" shall mean the person to whom the telecommunications or energy-related services are billed, or that person's designee.
II. No person shall engage in slamming. Any person that engages in slamming shall be subject to an administrative fine in an amount to be determined by the commission, not to exceed $2,000 per offense. The commission may consider intent as a factor when assessing administrative fines.
III. The commission, upon its own motion or upon petition of any interested party, may withdraw the person's authorization to engage in business in all or any part of the territory in which it is authorized to operate whenever it shall find, after notice and public hearing, that said person has engaged in slamming.
IV. The commission shall adopt rules, pursuant to RSA 541-A, and consistent with rules adopted by the Federal Communications Commission regarding telecommunications slamming, to enforce the provisions of this section.
Source.
1998, 175:2, eff. June 15, 1998.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:30 - Other Public Utility Leases, Etc.

374:30 Other Public Utility Leases, Etc. –
I. Any public utility may transfer or lease its franchise, works, or system, or any part of such franchise, works, or system, exercised or located in this state, or contract for the operation of its works and system located in this state, when the commission shall find that it will be for the public good and shall make an order assenting thereto, but not otherwise, except that commission approval shall not be required for any such transfer, lease, or contract by an excepted local exchange carrier. The commission may, by general order, authorize a public utility to transfer to another public utility a part interest in poles and their appurtenances for the purpose of joint use by such public utilities.
II. An incumbent local exchange carrier that is an excepted local exchange carrier may transfer or lease its franchise, works, or system, or any part of such franchise, works, or system, exercised or located in this state, or contract for the operation of its works and system located in this state, when the commission finds the utility to which the transfer is to be made is technically, managerially, and financially capable of maintaining the obligations of an incumbent local exchange carrier set forth in RSA 362:8 and RSA 374:22-p.
Source.
1911, 164:13. 1913, 145:13. PL 240:28. RL 289:28. 1943, 29:1. 1951, 203:39, eff. Sept. 1, 1951. 2012, 177:13, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:31 - Leases, Etc., When Void.

374:31 Leases, Etc., When Void. –
If commission approval is required pursuant to RSA 374:30 for any transfer, lease, or contract, any such attempted transfer, lease, or contract shall be void unless the same shall have been approved by the commission.
Source.
1911, 164:13. 1913, 145:13. PL 240:29. RL 289:29. 2012, 177:13, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:32 - Corporate Authorization.

374:32 Corporate Authorization. –
Except when the public utility is an excepted local exchange carrier, if such public utility, or the other party to any such transfer, lease, or contract, be a corporation and if the commission shall find that the public good so requires, such transfer, lease, or contract shall first be authorized by the vote of
2/3 of the shares of the capital stock of each of the interested corporations present and voting at meetings duly called to consider the subject; and all statutes regulating, protecting, and determining the rights of a dissenting stockholder of a railroad in the case of a lease or union with another railroad shall be applicable, and the rights of any stockholder of such corporation dissenting from such transfer, lease, or contract, if the same shall be authorized as above provided, shall be regulated, protected, and determined by such statutes.
Source.
1915, 52:1. PL 240:30. RL 289:30. 1953, 176:1, eff. May 21, 1953. 2012, 177:13, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:33 - Acquiring Stocks, Etc.

374:33 Acquiring Stocks, Etc. –
No public utility or public utility holding company as defined in section 2(a)(7)(A) of the Public Utility Holding Company Act of 1935 shall directly or indirectly acquire more than 10 percent, or more than the ownership level which triggers reporting requirements under 15 U.S.C. section 78-P, whichever is less, of the stocks or bonds of any other public utility or public utility holding company incorporated in or doing business in this state, unless the commission finds that such acquisition is lawful, proper, and in the public interest, except that commission approval shall not be required for any acquisition of an excepted local exchange carrier. Nothing in this section shall prevent a public utility being in fact the owner on June 1, 1911, of the majority of the capital stock of any other public utility, or leasing or operating such other public utility, from acquiring the balance or all of the outstanding capital stock of such other public utility a majority of which stock is so owned or which is so leased or operated.
Source.
1911, 164:13. 1913, 145:13. PL 240:31. RL 289:31. 1951, 203:40. RSA 374:33. 1990, 113:1. 1993, 330:3, eff. Aug. 28, 1993. 2012, 177:13, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:33-a - Recovery of Costs, Fees and Expenses.

374:33-a Recovery of Costs, Fees and Expenses. –
In any proceeding under RSA 374:33 in which the public utilities commission determines that the proposed acquisition is not lawful, proper, or in the public interest, the public utilities commission shall review the costs incurred by the target company incident to the proceeding, determine which of those costs are reasonable and prudently incurred, and shall then require that the unsuccessful acquirer reimburse such costs to the target company. The public utilities commission is further prohibited from including in rates to ratepayers any of the costs, including, without limitation, all disbursement, expert witness fees, and reasonable attorney's fees incurred by either party in such proceeding. This section shall not apply to costs and expenses incurred prior to July 19, 1991.
Source.
1991, 150:1, eff. July 19, 1991.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:34 - Transfers, Etc., When Void.

374:34 Transfers, Etc., When Void. –
Every contract, assignment, transfer or agreement for transfer of any stock, by or through any person or corporation, to any corporation in violation of any provision of RSA 374:33 shall be void and of no effect, and no such transfer or assignment shall be made upon the books of any public utility or recognized as effective for any purpose.
Source.
1911, 164:13. 1913, 145:13. PL 240:32. RL 289:32.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:34-b - Utility Pole Stakeholder's Group

[RSA 374:34-b repealed by 2023, 138:2, effective July 1, 2029.]
374:34-b Utility Pole Stakeholder's Group –
There is established in the department of energy a stakeholder's group to address utility poles and attachments in the state. The stakeholder's group shall be under the direction of the director of the division of enforcement.
I. The stakeholder's group shall consist of:
(a) The chairperson of the public utilities commission, or designee.
(b) The commissioner of the department of transportation, or designee.
(c) The following members appointed by the governor:
(1) One member nominated by the New Hampshire Municipal Association.
(2) Two members representing different companies owning poles in New Hampshire who are members of the New Hampshire Telephone Association (NHTA).
(3) One member from a New Hampshire electric cooperative.
(4) Two members from investor-owned New Hampshire electric utilities.
(5) One member each from a competitive telephone utility and a provider of cellular telephone service, which are currently attached to poles in New Hampshire.
(6) One member representing the New England Cable and Telecommunications Association, Inc. (NECTA).
II. Responsibilities of the stakeholder's group include:
(a) Increasing utilization, improving functionality of attachment management systems (e.g., NJUNS), and identifying solutions to resolve communication issues among all parties.
(b) Increasing participation in NJUNS, or another centralized system of information sharing.
(c) Exploring enhancements to attachment management systems (e.g. NJUNS) which result in greater efficiency and less delay.
(d) Continuing the focus on attachment identification and pole location information.
(e) Addressing specifically, PUC rules 1303,06, 1303.07 and 1303.12 regarding pole transfers.
III. The frequency of the meetings of the stakeholder's group shall be at the discretion of the director of the division of enforcement.
IV. On or before November 1 of each year, the department of energy shall report on the stakeholder's group to the president of the senate, the speaker of the house of representatives, and the chairs of the senate and house committees with jurisdiction over energy and utilities.
Source.
2023, 138:1, eff. Aug. 29, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:37 - By Department.

374:37 By Department. –
The department of energy shall investigate the causes of all accidents in connection with the operation of public utilities in the state, which, in the opinion of the commission or the department of energy, ought to be investigated.
Source.
1911, 164:15. 1913, 145:16. PL 240:35. RL 289:35. 1951, 203:42. RSA 374:37. 1985, 402:20. 2021, 91:273, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:38 - Manner.

374:38 Manner. –
Any such investigation may be made by the department of energy in such manner as the department of energy may determine.
Source.
1911, 164:15. 1913, 145:16. PL 240:36. RL 289:36. 2021, 91:273, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:39 - Reports.

374:39 Reports. –
Every public utility shall report to the department of energy and the commission accidents occurring in connection with the operation of its business wherein loss of life occurs or any person is injured, or of such a nature as to endanger the safety, health or property of its consumers or the public, as and whenever directed by such rules and regulations as the department of energy and the commission may prescribe.
Source.
1913, 145:16. PL 240:37. RL 289:37. 1951, 203:43, eff. Sept. 1, 1951. 2021, 91:273, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:40 - Publicity.

374:40 Publicity. –
Reports of accidents filed under RSA 374:39 shall not be made public otherwise than in the published reports of the commission or the department of energy.
Source.
1913, 145:16. PL 240:38. RL 289:38. 2021, 91:273, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:41 - Commission May Institute.

374:41 Commission May Institute. –
Whenever the commission shall be of opinion that a public utility is failing or omitting, or about to fail or omit, to do anything required of it by law or by order of the commission, or is doing anything, or about to do anything, or permitting anything, or about to permit anything, to be done contrary to, or in violation of, law or any order of the commission, it shall have authority to lay the facts before the attorney general, and to direct him immediately to begin an action in the name of the state praying for appropriate relief by mandamus, injunction or otherwise.
Source.
1911, 164:16. PL 240:39. RL 289:39. 1951, 203:44, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:42 - Answer; Hearing.

374:42 Answer;  Hearing. –
Upon the beginning of such suit, it shall be the duty of the court to specify the time, not exceeding 20 days after service of a copy of the petition, within which the defendant complained of must answer. In case of default in answer, or after answer, the court shall immediately make inquiry into the facts and circumstances without other or formal pleadings and without respect to any technical requirement.
Source.
1911, 164:16. PL 240:40. RL 289:40.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:43 - Parties.

374:43 Parties. –
Such other persons or corporations as the court shall deem necessary or proper to join as parties in order to make its order, judgment or writs effective may be joined as parties upon application of counsel.
Source.
1911, 164:16. PL 240:41. RL 289:41.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:44 - Judgment.

374:44 Judgment. –
The final judgment in any such action or proceeding shall either dismiss the action or proceeding, or direct that a writ of mandamus, an injunction or other appropriate process shall issue as prayed for in the petition, or in such modified or other form as the court may determine will afford appropriate relief.
Source.
1911, 164:16. PL 240:42. RL 289:42.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:45 - Precedence.

374:45 Precedence. –
All actions and proceedings under this title, and all actions and proceedings commenced or prosecuted by order of the commission, or to which the commission may be a party or in which any question arises under this title, or under or concerning any order or action of the commission, shall be preferred over all other civil causes except election causes in all courts of the state, and shall be heard and determined in preference to all other civil business pending therein excepting election causes, irrespective of position on the calendar, and any such action or proceeding may, upon motion of counsel for the state, be heard in a different county from that in which it was begun if such course will expedite a final decision.
Source.
1911, 164:16. PL 240:43. RL 289:43.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:46 - Other Counsel.

374:46 Other Counsel. –
If, in the opinion of the commission, there shall at any time be occasion therefor, the commission may request the attorney general, or may employ other counsel, to represent the state in cases arising under RSA 374:41 or wherein any act or order of the commission is involved.
Source.
1911, 164:16. PL 240:44. RL 289:44.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:47 - Compensation of Counsel.

374:47 Compensation of Counsel. –
Such counsel shall be allowed reasonable fees and their necessary disbursements, to be approved by the governor and council and paid by the state.
Source.
1911, 164:16. PL 240:45. RL 289:45.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:47-a - Receiver for Public Utilities.

374:47-a Receiver for Public Utilities. –
In addition to the procedure in RSA 374:41-47, whenever the commission finds that a public utility regulated by the commission and having gross annual revenues of less than $2,000,000 is failing to provide adequate and reasonable service to its customers, and that such failure is a serious and imminent threat to the health and welfare of the customers of the utility, the commission may appoint a receiver or direct its staff to take such temporary action as is necessary to assure continued service. The commission may also appoint a receiver or direct its staff to take such temporary action as is necessary to assure continued service if, after notice and hearing, the commission finds that any public utility regulated under this chapter is consistently failing to provide adequate and reasonable service. In carrying out its responsibilities, the staff shall have the authority to gain access to all company utility assets and records, and to manage the company's assets in a manner which will restore or maintain an acceptable level of service. They shall be authorized to expend existing company utility revenues for labor and materials and to commit additional expenditures as are essential to providing an acceptable level of service, such expenditures to be funded in accordance with generally accepted ratemaking practices. Any costs incurred by the commission, its staff or appointed receiver under this section shall be the responsibility of the utility or its customers. The authority vested in this section shall be for a period of no more than 30 days, unless the commission otherwise directs after hearing and order.
Source.
1989, 74:1. 1992, 169:1, eff. July 7, 1992.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:48 - Definitions.

374:48 Definitions. –
In this subdivision:
I. "Commission" means the public utilities commission.
II. [Repealed.]
II-a. "Department" means the department of energy.
III. "Excavate", "excavating", or "excavation" means any operation conducted on private property or in a public way, right-of-way, easement, public street, or other public place, in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of any tools, equipment, or explosive, and includes but is not limited to drilling, grading, boring, milling, trenching, tunneling, scraping, tree and root removal, cable or pipe plowing, fence or sign post installation, pile driving, wrecking, razing, rending, or moving any structure or mass material, but does not include the tilling of soil for agricultural purposes, landscaping and maintenance of residential property performed with non-mechanized equipment, landscaping activities performed with mechanized equipment that are intended to cut vegetation, including lawn edging, aeration, and de-thatching, excavations permitted or grandfathered under RSA 155-E, or replacement of department-of-transportation-installed delineator posts in the same location.
IV. "Excavator" means any person performing excavation.
IV-a. "Operator" means any public utility as defined by RSA 362:2 or RSA 362:4, any cable television system as defined by RSA 53-C:1, and any liquefied petroleum gas company operating any jurisdictional facility or facilities as defined by the Natural Gas Pipeline Safety Act (49 U.S.C. chapter 601) that owns or operates underground facilities.
V. "Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.
VI. "System" means the underground facility damage prevention system referred to in RSA 374:49.
VII. "Underground facility" or "facility" means any property which is buried, placed below ground, or submerged on a public way, private property, right-of-way, easement, public street, or other public place and is being used or will be used for the conveyance of cable television, electricity, gas, sewerage, steam, telecommunications, or water.
VIII. "Blasting" means excavation by means of explosives.
Source.
1983, 294:1. 1997, 298:3-5, 15. 1999, 289:13. 2001, 186:1, 2. 2007, 25:4, 5, eff. May 11, 2007. 2010, 191:3, eff. Aug. 20, 2010. 2021, 91:274, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:49 - Damage Prevention System.

374:49 Damage Prevention System. –
Each operator shall participate in an underground facility damage prevention system. The system shall operate during regular business hours throughout the year, except Saturdays, Sundays and legal holidays. The system shall receive notices of proposed excavations and transmit such notices to its members.
Source.
1983, 294:1. 1997, 298:6, eff. June 20, 1997. 2010, 191:3, eff. Aug. 20, 2010.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:50 - Rulemaking.

374:50 Rulemaking. –
The department shall adopt rules, pursuant to RSA 541-A, relative to:
I. Minimum requirements for the operation of the system, including notification procedures.
II. Procedures for the investigation of complaints relating to this subdivision.
III. Emergency situations for which prior notice of excavation pursuant to RSA 374:51, II is not required.
Source.
1983, 294:1. 2007, 25:6, eff. May 11, 2007. 2021, 91:275, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:52 - Notification by System.

374:52 Notification by System. –
Upon receipt of notice of a proposed excavation, the system shall notify all affected members.
Source.
1983, 294:1. 1997, 298:9, eff. June 20, 1997.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:53 - Response by Operator.

374:53 Response by Operator. –
Within 72 hours after receipt of notice from a proposed excavator or from the system of a proposed excavation, but not including Saturdays, Sundays, and legal holidays, an operator shall mark the location of its underground facilities in the area of the proposed excavation. An operator and an excavator may by agreement fix a later time for the operator's marking of its facilities. Once an operator has marked the location of its facilities in the area of an excavation, the excavator shall be responsible for maintaining the markings. An operator who participates in an underground facility damage prevention system shall not be required to locate underground facilities not owned by the operator; underground facilities which the owner shall not be required to locate may include, but shall not be limited to, facilities running from a house to a garage or other outbuilding.
Source.
1983, 294:1. 1997, 298:10. 2001, 186:4, eff. Jan. 1, 2002. 2010, 191:3, eff. Aug. 20, 2010.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:54 - Notice of Damage.

374:54 Notice of Damage. –
When any underground facility is damaged, the excavator causing the damage shall immediately notify the affected operator. The excavation shall not be backfilled without first receiving permission from the operator whose facility was damaged.
Source.
1983, 294:1. 1997, 298:11, eff. June 20, 1997.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:56 - Injunctions.

374:56 Injunctions. –
If any person is making or proposes to make an excavation in a negligent or unsafe manner which may result in damage to an underground facility, the operator which owns or maintains such facility may commence an action for a temporary restraining order or injunction to prevent the excavation.
Source.
1983, 294:1. 1997, 298:13, eff. June 20, 1997.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:57 - Purchase of Capacity.

374:57 Purchase of Capacity. –
Each electric utility which enters into an agreement with a term of more than one year for the purchase of generating capacity, transmission capacity or energy shall furnish a copy of the agreement to the commission no later than the time at which the agreement is filed with the Federal Energy Regulatory Commission pursuant to the Federal Power Act or, if no such filing is required, at the time such agreement is executed. The commission may disallow, in whole or part, any amounts paid by such utility under any such agreement if it finds that the utility's decision to enter into the transaction was unreasonable and not in the public interest.
Source.
1989S, 1:2, eff. Dec. 18, 1989.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:58 - Redundant Lines.

374:58 Redundant Lines. –
No public utility or municipal utility shall construct redundant parallel electric utility lines. Such duplication of lines shall be deemed contrary to sound economic policy and contrary to the public interest. This section shall not apply until retail electric competition is certified to exist pursuant to RSA 38:36.
Source.
1997, 206:3, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:59 - Telephone Number Conservation and Area Code Implementation Policy Principles.

374:59 Telephone Number Conservation and Area Code Implementation Policy Principles. –
I. In this section:
(a) "Department" means the department of energy.
(b) "Geographic split" means the division of an area code into typically 2 areas each served by its own area code.
(c) "Overlay" means the addition of a new area code serving the same geographic area as the existing area code.
II. The department should promote and adopt telephone number conservation measures to the maximum extent allowed by federal law for area code 603 and any subsequently assigned New Hampshire area codes.
III. The department should adopt measures, to the maximum extent allowable by federal law and availability of technology, to provide that all customers of all suppliers have equitable access to all currently available unassigned telephone numbers and equitable access to numbers that have not been assigned to a customer which are available for porting to a second supplier. Blocks of telephone numbers that are currently assigned but may be retrievable if thousands number block pooling becomes available should be assigned on an equitable basis to all suppliers.
IV. The department should adopt measures, to the maximum extent allowable by federal law and availability of technology, to provide for local number portability by all suppliers of local exchange service.
V. To the extent that any one competitor is responsible for managing a pool of numbers which is to be assigned to customers of that competitor and other competitors, the department should adopt policies to require that the assignment and management of the numbers be kept segregated from the marketing portion of that competitor.
VI. When determining whether to implement a new area code via geographic split or overlay the department should consider, but not be limited to, the following criteria when determining the public interest:
(a) Which method best minimizes customer disruption from having to change numbers;
(b) Which method is the least costly for business and residents;
(c) Which method best minimizes customer confusion;
(d) Which method is the least costly for providers to implement;
(e) Which method most effectively conserves the total pool of telephone numbers once a new area code is created;
(f) Which method minimizes geographic controversy;
(g) Which method is most equitable to every resident and business in New Hampshire;
(h) Which method minimizes repeating the disruption of area code changes in the future;
(i) Which method best ensures public safety;
(j) Which method is more competitively neutral; and
(k) Which method utilizes best available technology and comprehensive telecommunications planning.
Source.
1999, 126:2, eff. June 10, 1999. 2021, 91:277, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:61 - Renewable Energy and Energy Efficiency Project Loan Programs.

374:61 Renewable Energy and Energy Efficiency Project Loan Programs. –
A public utility may seek authorization from the department of energy, either individually or in combination with other public utilities, to establish loan, financing, or cost amortization programs for owners and tenants of residential, public, nonprofit, and business property to finance or otherwise amortize cost effective fuel neutral renewable energy and energy efficiency investments and improvements to the owner's or tenant's premises. The total amount loaned in such programs shall not exceed $5,000,000. The department shall authorize terms, conditions, and tariffs for the repayment of such loans and financed or underwritten investments and improvements through charges billed through and that run with the meter or meters assigned to the location where the investments are located, provided that such investments or improvements to a tenant's premises are only made with the written consent of the owner or the owner's authorized management representative. Pursuant to RSA 477:4-h, the owner, seller, lessor, or transferor of any real property subject to unamortized or ongoing charges under such a tariff shall disclose such fact to a prospective buyer, lessee, or occupant who might be responsible for paying such charges as a condition of utility service. A public utility may not finance these loan, financing, or cost amortization programs through its rate base, nor earn its regulated rate of return on such program investments and improvements to the owner's or tenant's premises, unless such investment is approved as part of a strategy for minimizing transmission and distributions costs pursuant to RSA 374-G.
Source.
2010, 229:1, eff. Aug. 27, 2010. 2021, 91:278, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:62 - Property Owner's Consent Required for Smart Meter Gateway Devices.

374:62 Property Owner's Consent Required for Smart Meter Gateway Devices. –
I. In this subdivision:
(a) "Smart meter gateway device" means any electric utility meter, electric utility meter component, electric utility load control device, or device ancillary to the electric utility meter, which is located at an end-user's residence or business, and which serves as a communications gateway or portal to electrical appliances, electrical equipment, or electrical devices within the end-user's residence or business, or which otherwise communicates with, monitors, or controls such electrical appliances, electrical equipment, or electrical devices.
(b) "Electric utility" means any public utility, as defined in RSA 362:2, which is engaged in the sale or distribution of electricity ultimately sold to the public, any rural electric cooperative, without regard to whether a certificate of regulation or deregulation is on file with the public utilities commission, and any municipal electric system operating pursuant to RSA 38 within or outside its municipal boundaries.
II. (a) No electric utility that sells or provides electricity within the state of New Hampshire shall install a smart meter gateway device on or in a person's home or business without the written consent of the person or persons who own the home or business.
(b) An electric utility selling or providing electricity shall create a form that the person or persons who own the home or business must sign to opt-in to having a smart meter gateway device installed on or in his or her home or business. The form shall, in at least 12-point boldface type, state that:
(1) The opt-in is optional and one's service will not be affected if one elects not to opt-in; and
(2) The device is a "smart meter gateway device," and provide the definition in subparagraph I(a).
III. When an electric utility enrolls a homeowner or business owner for electrical service at his or her home or business, the electric utility shall disclose in writing whether a smart meter gateway device has been installed, and shall remove, or allow to be removed, all smart meter gateway devices upon written request of the homeowner or business owner.
Source.
2012, 150:1, eff. June 7, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:63 - Ratepayer-Funded Energy Efficiency Programs for Gas Utilities.

374:63 Ratepayer-Funded Energy Efficiency Programs for Gas Utilities. –
The commission may authorize a public utility providing natural gas service to participate in and recover costs associated with statewide energy efficiency programs, including any utility-specific aspects of such programs, provided that when the costs of such programs are recovered via the public utility's local distribution adjustment charge or a similar rate mechanism, any such charges be made subject to the requirements of RSA 374-F:3, VI-a for the energy efficiency portion of electric utility system benefits charges.
Source.
2022, 5:2, eff. Jan. 1, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-A - Authorizing Electric Utilities to Participate in Electric Power Facilities › Section 374-A:1 - Definitions.

374-A:1 Definitions. –
In this chapter:
I. "Commission" means the public utilities commission.
II. "Domestic electric utility" means an electric utility resident in, or organized under the laws of this state.
III. "Electric power facilities" means generating units rated 25 megawatts or above and transmission facilities rated 69 kilovolts or above planned to be placed in service in New England after June 24, 1975.
IV. "Electric utility" means any individual or entity or subdivision thereof, private, governmental or other, including a municipal utility, wherever resident or organized, primarily engaged in the generation and sale or the purchase and sale of electricity or the transmission thereof, for ultimate consumption by the public.
V. "Foreign electric utility" means any electric utility other than a domestic electric utility.
VI. "Municipal utility" means a city, county, town or village district within the state, engaged in the generation and sale or the purchase and sale of electricity or the transmission thereof, for ultimate consumption by the public under RSA 38, RSA 52 or any special laws. Except where otherwise specifically provided, a municipal utility may exercise any of its powers or authority contained in this chapter through its municipal officers or members of the board of commissioners in whom the management of such municipal utility is vested.
Source.
1975, 501:1. 1986, 70:1, eff. July 11, 1986.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-A - Authorizing Electric Utilities to Participate in Electric Power Facilities › Section 374-A:2 - Powers of Domestic Electric Utilities.

374-A:2 Powers of Domestic Electric Utilities. –
Notwithstanding any contrary provision of any general or special law relating to the powers and authorities of domestic electric utilities or any limitation imposed by a corporate or municipal charter, but subject to the conditions set forth in this chapter, a domestic electric utility shall have the following additional powers:
I. To jointly or separately plan, finance, construct, purchase, operate, maintain, use, share costs of, own, mortgage, lease, sell, dispose of or otherwise participate in electric power facilities or portions thereof within or without the state or the product or service therefrom or securities issued in connection with the financing of electric power facilities or portions thereof; and
II. To enter into and perform contracts and agreements for such joint or separate planning, financing, construction, purchase, operation, maintenance, use, sharing costs of, ownership, mortgaging, leasing, sale, disposal of or other participation in electric power facilities, or portions thereof, or the product or service therefrom, or securities issued in connection with the financing of electric power facilities or portions thereof, including, without limitation, contracts and agreements for the payment of obligations imposed without regard to the operational status of a facility or facilities and contracts and agreements with domestic or foreign electric utilities for the sale or purchase of electricity from an electric power facility or facilities for long or short periods of time or for the life of a specific electric generating unit or units. Such contracts and agreements may contain provisions for arbitration, delegation, non-unanimous amendment and any other matters deemed necessary or desirable to carry out their purposes.
Nothing in this section shall be construed to authorize a domestic electric utility to sell electricity at wholesale or retail within or without this state except:
(a) As otherwise authorized by or under its charter or the general or special laws of this state other than by this chapter;
(b) In connection with sales of economy, backup and other energy; and
(c) For any sale or sales of capacity and related energy from a specifically identified generating unit which is an electric power facility.
Source.
1975, 501:1, eff. June 24, 1975.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-A - Authorizing Electric Utilities to Participate in Electric Power Facilities › Section 374-A:2-a - Municipal Purchase and Distribution of Electricity.

374-A:2-a Municipal Purchase and Distribution of Electricity. –
Notwithstanding any provision of law to the contrary, a municipality may enter into an agreement with another municipality in order to jointly purchase electrical service from a facility or provider. Any municipality which enters into such an agreement may distribute electricity to any municipality which is a party to the agreement.
Source.
1996, 192:1, eff. Aug. 2, 1996.