reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-E - Guaranteed Asset Protection Waivers › Section 361-E:2 - Definitions.

361-E:2 Definitions. –
I. In this chapter:
(a) "Administrator" means a person, other than an insurer or creditor, that performs administrative or operational functions pursuant to guaranteed asset protection waiver programs.
(b) "Borrower" means any retail buyer, as defined in RSA 361-A:1, IX.
(c) "Creditor" means:
(1) Any retail seller, as defined in RSA 361-A:1, XII; or
(2) Any sales finance company, as defined in RSA 361-A:1, XIII; or
(3) The assignees of any of the foregoing to whom the credit obligation is payable.
(d) "Finance agreement" means a retail installment contract for the purchase of a motor vehicle governed by RSA 361-A.
(e) "Free look period" means the period of time from the effective date of the guaranteed asset protection (GAP) waiver until the date the borrower may cancel the contract without penalty, fees, or costs to the borrower.
(f) "Guaranteed asset protection waiver" or "GAP waiver" means a contractual agreement wherein a creditor agrees for a separate charge to cancel or waive all or part of amounts due on a borrower's finance agreement in the event of a total physical damage loss or unrecovered theft of the motor vehicle, which agreement shall be part of, or a separate addendum to, the finance agreement.
(g) "Insurer" means an insurance company licensed, registered, or otherwise authorized to do business under the insurance laws of this state.
(h) "Motor vehicle" means a motor vehicle, as defined in RSA 361-A:1, VII.
(i) "Person" includes an individual, company, association, organization, partnership, business trust, corporation, limited liability company, and every other form of legal entity.
II. The terms defined in this section are not intended to provide actual terms required in guaranteed asset protection waivers.
Source.
2015, 207:7, eff. Sept. 4, 2015.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-E - Guaranteed Asset Protection Waivers › Section 361-E:3 - Requirements for Offering Guaranteed Asset Protection Waivers.

361-E:3 Requirements for Offering Guaranteed Asset Protection Waivers. –
I. GAP waivers may, at the option of the creditor, be sold for a single payment or may be offered with a monthly or periodic payment option.
II. Any cost to the borrower for a guaranteed asset protection waiver entered into in compliance with the Truth in Lending Act, 15 U.S.C. section 1601 et seq., and the regulations adopted thereunder, as amended from time to time, shall be separately stated and shall not be considered a finance charge or interest.
III. The GAP waiver shall remain a part of the finance agreement upon the assignment, sale, or transfer of such finance agreement by the creditor.
IV. Neither the extension of credit, the term of credit, nor the term of the related motor vehicle sale shall be conditioned upon the purchase of a GAP waiver.
V. Funds received or held by a creditor or administrator and belonging to an insurer, creditor, or administrator pursuant to the terms of a written agreement shall be held by such creditor or administrator in a fiduciary capacity.
Source.
2015, 207:7, eff. Sept. 4, 2015.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-E - Guaranteed Asset Protection Waivers › Section 361-E:4 - Disclosures.

361-E:4 Disclosures. –
Guaranteed asset protection waivers shall disclose, as applicable, in writing and in clear, understandable language that is easy to read, the following:
I. The name and address of the initial creditor and the borrower at the time of sale, the identity of any administrator if different from the creditor, and a statement that the initial creditor may assign the GAP waiver with the finance agreement to a sales finance company or other assignee.
II. The purchase price and the terms of the GAP waiver, including the requirements for protection, conditions, or exclusions associated with the GAP waiver.
III. That the borrower may cancel the GAP waiver within a free look period as specified in the waiver, and shall be entitled to a full refund of the purchase price, if no benefits have been provided.
IV. The procedure the borrower shall follow, if any, to obtain GAP waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may apply for waiver benefits.
V. Whether or not the GAP waiver is cancellable after the free look period and the conditions under which it may be cancelled or terminated, including the procedures for requesting any refund due.
VI. That in order to receive any refund due in the event of a borrower's cancellation of the GAP waiver agreement or early termination of the finance agreement after the free look period of the GAP waiver, the borrower, in accordance with terms of the waiver, shall provide a written request to cancel to the creditor, administrator, or such other party. If the GAP waiver is being cancelled due to the termination of the finance agreement, a written notice to cancel shall be sent to the creditor, administrator, or other such party within 90 days of the occurrence of the event terminating the finance agreement.
VII. The methodology for calculating any refund of the unearned purchase price of the GAP waiver due, in the event of cancellation of the GAP waiver or early termination of the finance agreement.
VIII. That neither the extension of credit, the terms of the credit, nor the terms of the related motor vehicle sale, shall be conditioned upon the purchase of the GAP waiver.
Source.
2015, 207:7, eff. Sept. 4, 2015.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-E - Guaranteed Asset Protection Waivers › Section 361-E:5 - Cancellation.

361-E:5 Cancellation. –
I. Guaranteed asset protection waiver agreements may be cancellable or noncancellable after the free look period. GAP waivers shall provide that if a borrower cancels a waiver within the free look period, the borrower shall be entitled to a full refund of the purchase price, if no benefits have been provided. The free look period shall not be less than 30 days.
II. In the event of a borrower's cancellation of the GAP waiver after the agreement has been in effect beyond the free look period, the borrower may be entitled to a refund of any unearned portion of the purchase price of the GAP waiver unless the GAP waiver provides otherwise. In order to receive a refund, the borrower shall, in accordance with the terms of the waiver, provide a written request to cancel to the creditor, administrator, or other such party. If the GAP waiver is being cancelled due to the early termination of the finance agreement, the borrower shall provide a written request to the creditor, administrator, or other party, within 90 days of the event terminating the finance agreement. No refund shall be paid or credited if benefits have been provided.
III. If the cancellation of a GAP waiver occurs as a result of a default under the finance agreement or the repossession of the motor vehicle associated with the finance agreement, or any other termination of the finance agreement, any refund due may be paid directly to the creditor or administrator and applied as set forth in paragraph IV.
IV. Any cancellation refund under paragraphs I, II, or III, may be applied by the creditor as a reduction of the amount owed under the finance agreement, unless the borrower can show that the finance agreement has been paid in full.
Source.
2015, 207:7, eff. Sept. 4, 2015.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362 - Definition of Terms; Utilities Exempted › Section 362:1 - Commission.

362:1 Commission. –
The term "commission," as used in this title, means the public utilities commission.
Source.
1911, 164:1. 1913, 145:1. PL 236:1. RL 285:1. 1951, 203:9 par. 1, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362 - Definition of Terms; Utilities Exempted › Section 362:1-a - Campground.

362:1-a Campground. –
For purposes of this chapter, the term "campground" means a recreational camping park on which 10 or more tents, or recreational vehicles including trailers, tent trailers, vans, pickup campers, or motor homes are used as temporary living quarters for recreational use, and a fee is charged for such land use.
Source.
1987, 327:1, eff. May 25, 1987.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362 - Definition of Terms; Utilities Exempted › Section 362:2 - Public Utility.

362:2 Public Utility. –
I. The term "public utility" shall include every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court, except municipal corporations and county corporations operating within their corporate limits, owning, operating or managing any plant or equipment or any part of the same for the conveyance of telephone or telegraph messages or for the manufacture or furnishing of light, heat, sewage disposal, power or water for the public, or in the generation, transmission or sale of electricity ultimately sold to the public, or owning or operating any pipeline, including pumping stations, storage depots and other facilities, for the transportation, distribution or sale of gas, crude petroleum, refined petroleum products, or combinations of petroleum products, rural electric cooperatives organized pursuant to RSA 301 or RSA 301-A, and any other business, except as hereinafter exempted, over which on September 1, 1951, the public utilities commission exercised jurisdiction.
II. For the purposes of this title only, rural electric cooperatives for which a certificate of deregulation is on file with the public utilities commission pursuant to RSA 301:57 shall not be considered public utilities; provided, however, that the provisions of RSA 362-A:1, 362-A:2, 362-A:3, 362-A:4, 362-A:5, 362-A:6, 362-A:7, 362-A:8, 363-B, 371, 374:2-a, 374:26, 374:48-56, 374-A, 374-C, 374-F, and 378:37 shall, unless otherwise provided herein, be applicable to rural electric cooperatives, without regard to whether a certificate of regulation or deregulation is on file with the public utilities commission. The provisions of RSA 374-A and the provisions of RSA 374-F:3, V(b) and (f) and RSA 374-F:7 shall be applicable to rural electric cooperatives for which a certificate of deregulation is on file with the public utilities commission to the same extent as municipal utilities.
Source.
1911, 164:1. 1913, 145:1. 1917, 76:1. PL 236:4. 1935, 114:1. 1941, 197:1. RL 285:4. 1951, 203:9 par. 2. RSA 362:2. 1985, 402:15. 1986, 70:2. 1997, 229:6. 2001, 29:2. 2002, 268:2. 2007, 25:11, eff. May 11, 2007. 2014, 129:2, eff. Aug. 15, 2014. 2016, 31:2, eff. May 2, 2016.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362 - Definition of Terms; Utilities Exempted › Section 362:3 - Common Carrier by Rail.

362:3 Common Carrier by Rail. –
The term "common carrier by rail" shall include every corporation, company association, joint stock association, partnership and person, their lessees, trustees, or receivers appointed by any court, owning or operating any railroad for common carriage of passengers or freight or carrying on a public express business for compensation over the line of any railroad. It shall also include all bridges and other structures owned, leased or used.
Source.
1911, 164:1. 1913, 145:1. PL 236:3. RL 285:3. 1951, 203:9 par. 3. RSA 362:3. 1985, 402:15.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362 - Definition of Terms; Utilities Exempted › Section 362:3-a - Sale; Submetering in Campgrounds.

362:3-a Sale;  Submetering in Campgrounds. –
The term "sale" shall not include electric submetering in campgrounds for the purpose of calculating reimbursable amounts among submeter users; provided, that reimbursable amounts shall be distributed pro-rata among submeter users and do not exceed the total amount charged by the utility to the campground master metered customer.
Source.
1987, 327:2, eff. May 25, 1987.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362 - Definition of Terms; Utilities Exempted › Section 362:3-b - Shared Tenant Services.

362:3-b Shared Tenant Services. –
Authorized providers of shared tenant services as defined in RSA 374:22-k shall not be deemed to be telecommunications carriers within the meaning of the Communications Act of 1934 or public utilities within the meaning of this title.
Source.
1997, 288:3, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362 - Definition of Terms; Utilities Exempted › Section 362:4-a - Electric Companies, When Public Utilities.

362:4-a Electric Companies, When Public Utilities. –
I. A municipal corporation furnishing electric utility services outside its municipal boundaries shall not be considered a public utility under this title for the purpose of accounting, reporting, or auditing functions with respect to said service.
II. A municipal corporation furnishing electric utility services shall not be considered a public utility under this title if it serves customers outside of its municipal boundaries and charges such customers a rate no higher than that charged to its customers within the municipality, and provides those customers a quantity and quality of electricity equal to that served customers within the municipality. Nothing in this section shall exempt a municipal corporation from the franchise application requirements of RSA 374.
Source.
1991, 86:1, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362 - Definition of Terms; Utilities Exempted › Section 362:4-b - Gas Companies, When Public Utilities.

362:4-b Gas Companies, When Public Utilities. –
I. The term "public utility" shall not include any corporation, company, association, joint stock association, partnership and person, their lessee, trustee or receiver appointed by any court, or assignee, which provides, sells, delivers, or stores liquefied petroleum gas in cylinders or tanks, or who distributes liquefied petroleum gas through underground distribution systems, except for those systems regulated by the commission as of May 1, 1997.
II. Nothing in this section prevents the commission from regulating the rates and charges of the distributed propane operations of a regulated natural gas utility when those activities are provided as a temporary alternative to the provision of natural gas, and when the rates and charges are based on the cost of service of the regulated public utility.
III. Nothing in this section prevents the department of energy from monitoring or enforcing the provisions of federal pipeline safety standards relative to liquefied petroleum gas systems pursuant to the Natural Gas Pipeline Safety Act.
Source.
1997, 298:1, eff. June 20, 1997. 2021, 91:231, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362 - Definition of Terms; Utilities Exempted › Section 362:4-c - Electric Generation Companies, When Public Utilities.

362:4-c Electric Generation Companies, When Public Utilities. –
I. The term "public utility" shall not include any entity determined by the Federal Energy Regulatory Commission to be an exempt wholesale generator, nor shall it include any corporation, company, association, limited liability company, joint stock association, partnership, or person, their lessees, trustees, or receivers appointed by any court, solely by virtue of owning, operating, or managing any plant or equipment or any part of the same which has received a certificate of site and facility as an energy facility or as a bulk power supply facility pursuant to RSA 162-H after July 1, 1998, or are sold after July 1, 1998, for the generation or sale of electricity or for transmission of electricity from such a plant to an interconnection with the transmission grid.
II. Any entity exempted by this section may seek public utility status from the commission if it so chooses.
Source.
1998, 191:2; 253:4. 2004, 148:2, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362 - Definition of Terms; Utilities Exempted › Section 362:4-d - Hot Water Companies; When Public Utilities.

362:4-d Hot Water Companies;  When Public Utilities. –
The term "public utility" shall not include any corporation, company, association, joint stock association, partnership, or person, their lessee, trustee, or receiver appointed by any court, or assignee, by virtue of its being engaged in the manufacture, furnishing, or sale of hot water through a district energy system. In this section, "hot water" means water that has a temperature of no more than 200 degrees Fahrenheit that circulates in a district heating system under pressure of no more than 232 pounds per square inch.
Source.
2013, 8:1, eff. July 6, 2013.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362 - Definition of Terms; Utilities Exempted › Section 362:5 - Exemption of Manufacturing Establishments Selling Surplus Electricity.

362:5 Exemption of Manufacturing Establishments Selling Surplus Electricity. –
The commission may exempt any person or corporation engaged in manufacturing and carrying on in this state a manufacturing establishment the product of which is something besides power, and producing electricity primarily for the operation of such establishment or incidental thereto, from any or all provisions of this title, except those directly relating to rates and service, whenever the commission may find such exemption consistent with the public good.
Source.
1913, 145:1. 1917, 76:1. PL 236:6. RL 285:6. 1951, 203:9 par. 5, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362 - Definition of Terms; Utilities Exempted › Section 362:6 - Cellular Mobile Radio Communications Exempt.

362:6 Cellular Mobile Radio Communications Exempt. –
The term "public utility" shall not include any individual, partnership, corporation, company, association, or joint stock association, including any trustee, administrator, executor, receiver, assignee, or other personal representative who provides, purchases or sells cellular mobile radio communication services. Such services shall not be subject to the jurisdiction of the public utilities commission pursuant to this title.
Source.
1988, 49:2, eff. May 30, 1988.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362 - Definition of Terms; Utilities Exempted › Section 362:8 - Obligations on Excepted Local Exchange Carriers.

362:8 Obligations on Excepted Local Exchange Carriers. –
Notwithstanding any other law, rule, or order, the commission shall have no authority to impose or enforce any obligation on any excepted local exchange carrier that is not also applicable to all other excepted local exchange carriers, excluding providers of commercial mobile radio service, except:
I. Such obligations that arise pursuant to the commission's authority under the Communications Act of 1934, as amended; or
II. Such obligations that arose prior to February 1, 2011 that relate to the availability of broadband services, soft disconnect processes and capital expenditure commitments within the state; or
III. Such obligations that relate to the provision of services to competitive local exchange carriers, interexchange carriers, and wireless carriers, regardless of technology; or
IV. Such obligations that arise under RSA 374:22-p and RSA 374:30, II.
Source.
2012, 177:1, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-A - Limited Electrical Energy Producers Act › Section 362-A:1 - Declaration of Purpose.

362-A:1 Declaration of Purpose. –
It is found to be in the public interest to provide for small scale and diversified sources of supplemental electrical power to lessen the state's dependence upon other sources which may, from time to time, be uncertain. It is also found to be in the public interest to encourage and support diversified electrical production that uses indigenous and renewable fuels and has beneficial impacts on the environment and public health. It is also found that these goals should be pursued in a competitive environment pursuant to the restructuring policy principles set forth in RSA 374-F:3. It is further found that net energy metering for eligible customer-generators may be one way to provide a reasonable opportunity for small customers to choose interconnected self generation, encourage private investment in renewable energy resources, stimulate in-state commercialization of innovative and beneficial new technology, enhance the future diversification of the state's energy resource mix, and reduce interconnection and administrative costs.
Source.
1978, 32:1. 1994, 362:2. 1998, 261:1, eff. Aug. 25, 1998. 2010, 143:1, eff. Aug. 13, 2010.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-A - Limited Electrical Energy Producers Act › Section 362-A:2 - Exemptions.

362-A:2 Exemptions. –
Qualifying small power producers and qualifying cogenerators shall be exempt from all rules and statutes relative to electric utility rates or relative to the financial or organizational regulation of electric utilities.
Source.
1978, 32:1. 1983, 395:2, eff. Aug. 21, 1983.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-A - Limited Electrical Energy Producers Act › Section 362-A:2-a - Purchase of Output by Private Sector.

362-A:2-a Purchase of Output by Private Sector. –
I. A limited producer of electrical energy shall have the authority to sell its produced electrical energy to not more than 3 purchasers other than the franchise electric utility, unless additional authority to sell is otherwise allowed by statute or commission order. Such purchaser may be any individual, partnership, corporation, or association. The commission may authorize a limited producer, including eligible customer-generators, to sell electricity at retail, either directly or indirectly through an electricity supplier, within a limited geographic area where the purchasers of electricity from the limited producer shall not be charged a transmission tariff or rate for such sales if transmission facilities or capacity under federal jurisdiction are not used or needed for the transaction. The public utilities commission shall review and approve all contracts concerning a retail sale of electricity pursuant to this section. The public utilities commission shall not set the terms of such contracts but may disapprove any contract which in its judgment:
(a) Fails to protect both parties against excessive liability or undue risk, or
(b) Entails substantial cost or risk to the electric utility in whose franchise area the sale takes place, or
(c) Is inconsistent with the public good.
II. Upon request of a limited producer, any franchised electrical public utility in the transmission area shall transmit electrical energy from the producer's facility to the purchaser's facility in accordance with the provisions of this section. The producer shall compensate the transmitter for all costs incurred in wheeling and delivering the current to the purchaser. The public utilities commission must approve all such agreements for the wheeling of power and retains the right to order such wheeling and to set such terms for a wheeling agreement including price that it deems necessary. The public utilities commission or any party involved in a wheeling transaction may demand a full hearing before the commission for the review of any and all of the terms of a wheeling agreement.
III. Before ordering an electric utility to wheel power from a limited electric producer or before approving any agreement for the wheeling of power, the public utilities commission must find that such an order or agreement:
(a) Is not likely to result in a reasonably ascertainable uncompensated loss for any party affected by the wheeling transaction.
(b) Will not place an undue burden on any party affected by the wheeling transaction.
(c) Will not unreasonably impair the reliability of the electric utility wheeling the power.
(d) Will not impair the ability of the franchised electric utility wheeling the power to render adequate service to its customers.
Source.
1979, 411:1. 1998, 261:5, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-A - Limited Electrical Energy Producers Act › Section 362-A:3 - Purchase of Output of Limited Electrical Energy Producers by Public Utilities.

362-A:3 Purchase of Output of Limited Electrical Energy Producers by Public Utilities. –
I. The entire output of electric energy of such limited electrical energy producers, if offered for sale to the electric utility, shall be purchased by the electric public utility which serves the franchise area in which the installations of such producers are located.
II. No purchases and related transactions involving qualifying facilities shall take place under RSA 362-A:3 or RSA 362-A:4 in any location where retail electric competition is certified to exist pursuant to RSA 38:36, unless such purchase or related transaction is pursuant to:
(a) Commission orders or agreements providing for qualifying facility power sales existing prior to such certification;
(b) Negotiated qualifying facility power purchase contracts existing prior to such certification; or
(c) Commission orders or agreements resulting from the renegotiation of orders, agreements, or contracts referenced in subparagraphs (a) and (b).
Source.
1978, 32:1. 1979, 411:2. 1983, 395:3. 1998, 261:6, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-A - Limited Electrical Energy Producers Act › Section 362-A:3-a - Repealed by 2021, 228:2, Pt. IV, Sec. 2, eff. Nov. 1, 2021.

362-A:3-a Repealed by 2021, 228:2, Pt. IV, Sec. 2, eff. Nov. 1, 2021. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-A - Limited Electrical Energy Producers Act › Section 362-A:4 - Payment by Public Utilities for Purchase of Output.

362-A:4 Payment by Public Utilities for Purchase of Output. –
Public utilities purchasing electrical energy in accordance with the provisions of this chapter shall pay rates per kilowatt hour to be set from time to time by the commission. Such rates shall be based on the purchasing utility's avoided costs. The commission may set long term rates which shall, at the option of the qualifying small power producer or qualifying cogenerator, be based on the purchasing utility's avoided costs either calculated for the time of delivery or calculated for a specified term at the time the qualifying small power producer or qualifying cogenerator agrees to be obligated to deliver for the specified term. Nothing in this section shall limit the authority of any electric utility or any qualifying small power producer or qualifying cogenerator to agree to a rate for any purchase which differs from the rate or terms or conditions which would otherwise be required by the commission. No payments or rates shall be required by this section in locations where retail electric competition is certified to exist pursuant to RSA 38:36, unless such payments or rates are pursuant to an arrangement authorized by RSA 362-A:3.
Source.
1978, 32:1. 1983, 395:4. 1998, 261:7, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-A - Limited Electrical Energy Producers Act › Section 362-A:4-a - Additions to Capacity of Small Power Production Facilities.

362-A:4-a Additions to Capacity of Small Power Production Facilities. –
Any qualifying small power production facility already subject to rates established by order of the commission may increase its capacity and energy or energy, provided it continues to be a small power production facility. Any capacity additions and the associated energy additions or the energy additions to such qualifying small power production facility shall be purchased in accordance with applicable law and may be purchased under a contract. Such capacity addition and associated energy additions or energy additions shall not be purchased under the rates established by existing orders of the commission. Such rates and orders shall otherwise remain applicable to the qualifying small power production facility.
Source.
1989, 211:2, eff. July 21, 1989.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-A - Limited Electrical Energy Producers Act › Section 362-A:4-b - Repealed by 1998, 261:15, eff. Aug. 25, 1998.

362-A:4-b Repealed by 1998, 261:15, eff. Aug. 25, 1998. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-A - Limited Electrical Energy Producers Act › Section 362-A:4-c - Consideration by the Commission.

362-A:4-c Consideration by the Commission. –
I. The commission shall independently and expeditiously consider any mutually acceptable agreement for the buydown, buyout, or renegotiation of any existing commission order providing for qualifying facility power sales or power purchase agreement regardless of the status of any other such pending renegotiations.
II. The commission shall not approve any buyout of a listed facility prior to July 1, 2000. The commission shall not approve any buyout of a listed facility until competition is certified to exist in at least 70 percent of the state pursuant to RSA 38:36.
III. The commission shall not approve any renegotiation which places restrictions on selling the output of the qualifying facility in a competitive generation market pursuant to RSA 374-F.
IV. The commission shall not approve any renegotiation of a commission order providing for power sales from a listed facility if, for any calendar year prior to 2006, that renegotiation would reduce the total number of kilowatt hours being purchased annually at predetermined prices from all listed facilities to less than 80 percent of the base listed-facility kilowatt hours for that calendar year.
V. In this section:
(a) "Base listed-facility kilowatt hours for that calendar year" means the total number of kilowatt hours which would have been purchased during the calendar year from all listed facilities if the renegotiated rate orders for all such listed facilities pending before the commission as of January 1, 1998 had been approved.
(b) "Buyout" means any modification of any existing commission order providing for power sales from a listed facility that (i) changes the termination date of that order to an earlier date, unless the modified termination date is not earlier than the termination date in the renegotiated buydown for that listed facility which was pending before the commission as of January 1, 1998, or (ii) eliminates predetermined prices for any of the output of the facility covered by the rate order.
(c) "Listed facility" means any of the 5 wood-fired qualifying facilities having rate orders which, as of January 1, 1998, provide the right to sell at least 10 megawatts of capacity and associated energy to Public Service Company of New Hampshire.
Source.
1994, 362:13. 1998, 261:8, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-A - Limited Electrical Energy Producers Act › Section 362-A:4-d - Retention of Savings by Electric Utility.

362-A:4-d Retention of Savings by Electric Utility. –
An electric utility that is party to an approved renegotiation of a commission order under RSA 362-A:4-c shall be entitled to retain 20 percent of the savings resulting from such renegotiation.
Source.
2000, 249:1. 2001, 29:8, eff. May 22, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-A - Limited Electrical Energy Producers Act › Section 362-A:5 - Settlement of Disputes.

362-A:5 Settlement of Disputes. –
Any dispute arising under the provisions of this chapter may be referred by any party to the commission for adjudication.
Source.
1978, 32:1. 1983, 395:4, eff. Aug. 21, 1983.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-A - Limited Electrical Energy Producers Act › Section 362-A:6-a - Payment in Lieu of Tax Agreements for Renewable Generation Facilities.

362-A:6-a Payment in Lieu of Tax Agreements for Renewable Generation Facilities. –
The owner, or a lessee responsible for payment of taxes, of a renewable generation facility and the municipality in which the facility is located may enter into a voluntary agreement to make a payment in lieu of taxes, pursuant to RSA 72:74.
Source.
2006, 294:7, eff. April 1, 2006.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-A - Limited Electrical Energy Producers Act › Section 362-A:7 - Hydroelectric Fund Authorized.

362-A:7 Hydroelectric Fund Authorized. –
Any town or city may establish a hydroelectric fund to hold a portion of the revenue received from its hydroelectric plant. The hydroelectric fund may be established by a majority vote at an annual or special town meeting or majority vote of the city council. If established, the town or city treasurer shall have custody of the hydroelectric fund, and shall pay out the same upon orders of the selectmen or city council, after the specified sum to be withdrawn has been authorized by a majority vote at an annual or special town meeting or majority vote of the city council. Money from this fund may be used for any purpose for which the town or city may appropriate money.
Source.
1985, 145:1, eff. May 20, 1985.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-A - Limited Electrical Energy Producers Act › Section 362-A:8 - Payment Obligations; Public Utilities.

362-A:8 Payment Obligations;  Public Utilities. –
I. The purpose of this section is to codify existing law on regulatory obligations of public utilities for the purchase, pursuant to applicable federal and state law and commission orders, of energy or energy and capacity from qualifying small power producers and qualifying cogenerators.
II. (a) Energy or energy and capacity provided by qualifying small power producers and qualifying cogenerators under commission orders or negotiated power purchase contracts are part of the energy mix relied on by the commission to serve the present and future energy needs of the state. The rates established in orders by the commission for the purchase of energy or energy and capacity from qualifying small power producers and qualifying cogenerators under this chapter or under applicable federal law exist under the legislative and regulatory authority of the state and shall be deemed a state approved legally enforceable obligation.
(b) The commission shall, in all decisions affecting qualifying small power producers and qualifying cogenerators, consider the following factors in its decisions:
(1) The economic impact upon the state, including, but not limited to, job loss or creation through the utilization of indigenous fuels for electric generation.
(2) The community impact including, but not limited to, property tax payments and job creation.
(3) Enhanced energy security by utilizing mixed energy sources, including indigenous and renewable electrical energy production.
(4) Potential environmental and health-related impacts.
(5) The impact on electric rates.
III. The invalidity of any part of this section shall not destroy the section as a whole if its general purpose can be accomplished, notwithstanding any such invalidity.
Source.
1988, 174:1. 1994, 362:3. 1998, 261:9, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-C - Reorganization of Public Service Company of New Hampshire › Section 362-C:1 - Declaration of Purpose and Findings.

362-C:1 Declaration of Purpose and Findings. –
The legislature finds that:
I. The health, safety and welfare of the people of the state of New Hampshire and orderly growth of the state's economy require that there be a sound system for the furnishing of electric service.
II. The bankruptcy of the state's largest electric utility, Public Service Company of New Hampshire, has threatened the adequacy, reliability and cost of electric service.
III. The present and predicted growth in electric service demands in the state of New Hampshire requires a prompt resolution of the bankruptcy and reorganization of Public Service Company of New Hampshire.
IV. For the reasons stated in paragraphs I-III, the public utilities commission should be authorized to determine whether a proposed agreement relating to the reorganization of Public Service Company of New Hampshire and, upon receipt of required regulatory approvals, the acquisition of Public Service Company of New Hampshire by Northeast Utilities, would be consistent with the public good and whether the rates for electric service to be established in connection with the reorganization are just and reasonable and should be approved.
V. In addition, the public utilities commission should be authorized to determine whether to implement a similar rate plan for the New Hampshire Electric Cooperative, Inc., in order to avoid a bankruptcy by that utility.
Source.
1989S, 1:1, eff. Dec. 18, 1989.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-C - Reorganization of Public Service Company of New Hampshire › Section 362-C:2 - Definitions.

362-C:2 Definitions. –
In this chapter:
I. "Agreement" means the agreement dated as of November 22, 1989, as amended through December 14, 1989, executed by and between the governor and attorney general of the state of New Hampshire, acting on behalf of the state of New Hampshire, and Northeast Utilities Service Company, acting on behalf of its parent, Northeast Utilities.
II. "Alternative reorganization plan" means a plan of reorganization filed in the Public Service Company of New Hampshire bankruptcy case, other than the NU plan.
III. "Commission" means the public utilities commission established in RSA 363.
IV. "NU plan" means the amended plan of reorganization filed in December of 1989, by Northeast Utilities Service Company which provides for the resolution of the outstanding creditor claims and equity security interests of Public Service Company of New Hampshire in the Public Service Company of New Hampshire bankruptcy case.
V. "Public Service Company of New Hampshire bankruptcy case" means the proceeding pending before the United States Bankruptcy Court for the District of New Hampshire (Case No. 88-00043) for the reorganization of Public Service Company of New Hampshire under Chapter 11 of the Bankruptcy Code.
Source.
1989S, 1:1, eff. Dec. 18, 1989.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-C - Reorganization of Public Service Company of New Hampshire › Section 362-C:3 - Action by the Commission.

362-C:3 Action by the Commission. –
The commission is authorized, after hearing, in one or more proceedings to be initiated and completed during the pendency of the Public Service Company of New Hampshire bankruptcy, to determine whether the implementation of the agreement would be consistent with the public good. If the commission so finds, it shall, notwithstanding any other provision of law, establish and place into effect the levels of rates, fares, or charges and the fuel and purchased power adjustment clause to be maintained for Public Service Company of New Hampshire, or its successor, in accordance with, and during the time periods set forth in, the agreement; then the commission shall initiate such other proceedings, hold such other hearings and take such other actions as may be necessary to implement the provisions of the agreement.
Source.
1989S, 1:1, eff. Dec. 18, 1989.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-C - Reorganization of Public Service Company of New Hampshire › Section 362-C:4 - Establishment of Temporary Rates.

362-C:4 Establishment of Temporary Rates. –
Notwithstanding any other provision of law, the commission shall establish a 5.5 percent temporary rate surcharge to be made effective on January 1, 1990, for the retail electric rates of Public Service Company of New Hampshire, or its successor, in accordance with the agreement. The incremental increase in revenues resulting from the temporary rate surcharge shall be ordered segregated and held in escrow by an escrow agent approved by the commission pending disposition in the manner provided in the agreement or in an alternative reorganization plan approved by the commission pursuant to RSA 362-C:5.
Source.
1989S, 1:1, eff. Dec. 18, 1989.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-C - Reorganization of Public Service Company of New Hampshire › Section 362-C:5 - Alternative Reorganization Plans.

362-C:5 Alternative Reorganization Plans. –
The authorization granted to the commission in RSA 362-C:3 shall extend to any alternative reorganization plan which the commission affirmatively finds will resolve the Public Service Company of New Hampshire bankruptcy case and will result in the same or lower costs and risks to ratepayers and the same or greater benefits to the state as those resulting from the NU plan and the agreement both during the time periods in which rates increases are prescribed in the agreement and thereafter.
Source.
1989S, 1:1, eff. Dec. 18, 1989.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-C - Reorganization of Public Service Company of New Hampshire › Section 362-C:6 - Finality of Approval.

362-C:6 Finality of Approval. –
If the commission takes final action under RSA 362-C:3 or RSA 362-C:5 to approve the agreement and to fix the rates for Public Service Company of New Hampshire or its successor in the manner prescribed in the agreement, or to approve and implement an alternative reorganization plan, or both, the commission shall not thereafter issue any order or process which would alter, amend, suspend, annul, set aside or otherwise modify such approval or result in the fixing of rates other than in the manner prescribed in the agreement or the approved alternative reorganization plan.
Source.
1989S, 1:1, eff. Dec. 18, 1989.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-C - Reorganization of Public Service Company of New Hampshire › Section 362-C:7 - Rate Plan for the New Hampshire Electric Cooperative, Inc.

362-C:7 Rate Plan for the New Hampshire Electric Cooperative, Inc. –
Notwithstanding any other provision of law, the commission shall establish a 5.5 percent temporary rate surcharge to be made effective on January 1, 1990, for the retail electric rates of the New Hampshire Electric Cooperative, Inc., to be held in escrow in the manner provided in RSA 362-C:4. The commission is further authorized to approve a rate plan proposed by the New Hampshire Electric Cooperative Inc., provided that it finds such a rate plan to be consistent with the public good and that it results in no greater costs and risks to members of the cooperative than those resulting for ratepayers of Public Service Company of New Hampshire under the agreement. If the commission approves such a rate plan and fixes permanent rates under such plan, the revenues collected under the temporary rate surcharge shall be paid over to the New Hampshire Electric Cooperative, Inc. If no such rate plan is approved within 90 days following the date on which a bankruptcy rate plan for Public Service Company of New Hampshire becomes effective, the temporary rate surcharge shall terminate and the revenues collected under such surcharge shall be refunded to customers. An order of the commission approving a rate plan under this section shall have the same finality as that provided in RSA 362-C:6 for approval orders relating to Public Service Company of New Hampshire.
Source.
1989S, 1:1, eff. Dec. 18, 1989.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-C - Reorganization of Public Service Company of New Hampshire › Section 362-C:7-a - Transportation of Low-Level and High-Level Radioactive Waste for Disposal Prohibited.

362-C:7-a Transportation of Low-Level and High-Level Radioactive Waste for Disposal Prohibited. –
Notwithstanding any law or rule to the contrary, no utility shall transport into the state of New Hampshire any low-level or high-level radioactive waste for disposal in New Hampshire.
Source.
1989S, 1:1. 1999, 194:3, eff. Sept. 4, 1999.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-C - Reorganization of Public Service Company of New Hampshire › Section 362-C:8 - Rate Design.

362-C:8 Rate Design. –
Notwithstanding any law or rule to the contrary, during the fixed rate term of the approved agreement or plan the commission shall not cause the allocation of base rate revenue responsibility among residential, commercial, industrial and municipal customers in effect on September 15, 1989, for the electric customers, serviced by Public Service Company of New Hampshire or its successor, to change without legislative approval of the commission's finding that such revenue responsibility allocation is unjust or unreasonable.
Source.
1989S, 1:1, eff. Dec. 18, 1989.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-C - Reorganization of Public Service Company of New Hampshire › Section 362-C:9 - Modifications in Agreement or Plan.

362-C:9 Modifications in Agreement or Plan. –
Any modifications to an approved agreement or plan, including its exhibits, made in accordance with such agreement or plan, which potentially could increase rates, fares or charges shall, in addition to any requirements set forth in such agreement or plan, require the approval of the legislature.
Source.
1989S, 1:1, eff. Dec. 18, 1989.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-C - Reorganization of Public Service Company of New Hampshire › Section 362-C:10 - Wholesale Customers.

362-C:10 Wholesale Customers. –
Nothing in the agreement or plan approved by the commission under this chapter shall restrict access to Public Service Company of New Hampshire's (PSNH), or its successor's, power supply and transmission resources for PSNH's, or its successor's, existing New Hampshire firm wholesale and transmission utility customers.
Source.
1989S, 1:1, eff. Dec. 18, 1989.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-E - Telecommunications Equipment Assistance Program › Section 362-E:1 - Definitions.

362-E:1 Definitions. –
In this chapter:
I. "Commission" means the governor's commission on disability established in RSA 275-C.
II. "Telecommunications equipment assistance" means a teletypewriter or other telecommunications equipment used by a qualified person to conduct telephone communications.
III. "Telecommunications relay service" means a service transmitting messages and information between a person using standard telephone equipment for spoken communications and a qualified person using telecommunications equipment assistance.
IV. "Qualified person" means a person who is unable to reasonably use standard telephone equipment due to a disability, such as being deaf, hard of hearing, speech impaired, paraplegic, or unable to use his or her arms.
Source.
1996, 240:1. 1999, 337:4. 2002, 219:9, eff. July 1, 2002.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-E - Telecommunications Equipment Assistance Program › Section 362-E:2 - Administration.

362-E:2 Administration. –
The commission shall administer the telecommunications equipment assistance program and shall implement the program by contract with one or more entities.
Source.
1996, 240:1. 1999, 337:5, eff. Jan. 2, 2000.