TITLE XXXIV
PUBLIC UTILITIES

Chapter 363
THE PUBLIC UTILITIES COMMISSION

Appointment, Qualification, Etc.

Section 363:1

    363:1 Commission; Term. – There shall be a public utilities commission, which shall be an independent agency administratively attached to the department of energy pursuant to RSA 21-G:10. The chair of the commission shall have the powers and duties set forth in RSA 21-G:9. The commission shall be composed of 3 commissioners who shall be full-time employees and who shall engage in no other gainful employment during their terms as members. Their term of office shall be for 6 years. Of the 3 commissioners, one shall be an attorney and a member of the New Hampshire Bar and one shall have either background or experience or both in one or more of the following: engineering, economics, accounting or finance.

Source. 1911, 164:2. PL 237:1. RL 286:1. 1951, 203:10 par. 1. RSA 363:1. 1979, 494:1. 2007, 156:11, eff. Aug. 17, 2007. 2021, 91:204, eff. July 1, 2021.

Section 363:2

    363:2 Present Commissioners. – The members of the public utilities commission in office on August 1, 1979, shall continue in office as public utilities commissioners for the balance of their respective terms. Any member appointed prior to January 1, 1979, shall not be required to be a full-time employee and may engage in other gainful employment during his term of office.

Source. 1951, 203:65. RSA 363:2. 1979, 494:2, eff. Aug. 1, 1979.

Section 363:3

    363:3 Appointment. – In each odd numbered year, the governor, with the advice and consent of the council following a public hearing before the council, shall appoint one commissioner to take office on July 1 of that year. Vacancies shall be filled in like manner for the unexpired term.

Source. 1911, 164:2. PL 237:2. RL 286:2. 1951, 203:10 par. 2. 1999, 131:1, eff. Jan. 1, 2000.

Section 363:4

    363:4 Chairman. – The chairman of the commission shall be appointed and commissioned as such and shall be the administrative head of the agency.

Source. 1911, 164:2. PL 237:3. RL 286:3. 1951, 203:10 par. 3. RSA 363:4. 1989, 240:3, eff. July 23, 1989.

Section 363:4-a

    363:4-a Repealed by 2021, 91:205, eff. July 1, 2021. –

Section 363:5

    363:5 Disqualification. – No person who owns stock in, or is employed by or otherwise pecuniarily interested in any public utility in this state, or any affiliate thereof, shall be appointed upon said commission.

Source. 1911, 164:2. PL 237:4. RL 286:4. 1951, 203:10 par. 4, eff. Sept. 1, 1951.

Section 363:6

    363:6 After Appointment. – If, after his appointment, any commissioner shall voluntarily become interested pecuniarily in any such public utility, or affiliate, he shall be removed by the governor and council, and if he shall become so interested otherwise than voluntarily, and shall not within a reasonable time thereafter divest himself of such interest, he shall be so removed.

Source. 1911, 164:2. PL 237:5. RL 286:5. 1951, 203:10 par. 5, eff. Sept. 1, 1951.

Section 363:7

    363:7 Removal. – The governor and council may at any time remove any commissioner for inefficiency, neglect of duty or malfeasance in office; but no commissioner shall be removed without a hearing after notice in writing of the charges against him.

Source. 1911, 164:2. PL 237:6. RL 286:6. 1951, 203:10 par. 6, eff. Sept. 1, 1951.

Section 363:8

    363:8 Prohibited Service. – No member of the commission shall render any professional service for any public utility in this state, or any affiliate thereof, or act as attorney or render professional service against any such public utility or affiliate; nor shall he be a member of a firm which renders any such service; nor shall he directly or indirectly be a party to any contract with any such public utility, except a contract for the transportation of telephone or telegraph messages, or a contract for the purchase of water, gas or electricity or for other similar service.

Source. 1911, 164:2. PL 237:7. RL 286:7. 1951, 203:10 par. 7. RSA 363:8. 1985, 402:16.

Section 363:9

    363:9 Other Offices Prohibited. – No commissioner shall hold any national or other state office of profit except the office of justice of the peace or notary public.

Source. 1911, 164:2. PL 237:8. RL 286:8. 1951, 203:10 par. 8, eff. Sept. 1, 1951.

Section 363:10

    363:10 Violation of Provisions. – If any commissioner shall violate any provision of RSA 363:8 or 363:9, he may be removed by the governor and council.

Source. 1911, 164:2. PL 237:9. RL 286:9. 1951, 203:10 par. 9, eff. Sept. 1, 1951.

Section 363:11

    363:11 Compensation. – Each commissioner shall receive the annual salary prescribed by RSA 94:1-a, and reasonable expenses, including transportation, subject to the approval of the governor and council.

Source. 1911, 164:2. 1913, 145:2. 1921, 118:1. PL 237:10. 1927, 124:1. 1931, 149:1. RL 286:10. 1951, 203:10 par. 10. 1953, 265:1, eff. July 1, 1953.

Section 363:12

    363:12 Ethical Conduct Required. –
In addition to any other type of behavior or activity of a commissioner that is proscribed by RSA 363, a commissioner shall conduct himself and his affairs in accordance with a code of ethics that shall include, but not be limited to, the following elements:
I. Avoidance of impropriety and the appearance of impropriety in all his activities;
II. Performance of his duties impartially and diligently;
III. Avoidance of all ex parte communications concerning a case pending before the commission;
IV. Abstention from public comment about a matter pending before the commission and require similar abstention on the part of commission personnel;
V. Require staff and personnel, subject to commission direction, to observe the standards of fidelity and diligence that apply to the commissioners;
VI. Initiate appropriate disciplinary measures against commission personnel for unprofessional conduct;
VII. Disqualify himself from proceedings in which his impartiality might be reasonably questioned;
VIII. Inform himself about his personal and fiduciary interests and make a reasonable effort to inform himself about the personal financial interests of his spouse and minor children;
IX. Regulate his extracurricular activities to minimize the risk of conflict with his official duties;
X. Refrain from solicitation of funds for any political purpose although a commissioner may be listed as an officer, director, trustee of such organizations; and
XI. Refrain from financial or business dealings which would tend to reflect adversely on his impartiality, although he may hold investments which do not come under the purview of his regulatory responsibilities, such as a family business.

Source. 1911, 164:2. 1913, 145:3. PL 237:11. 1935, 115:1. RL 286:11. 1951, 203:10 par. 11. RSA 363:12. 1979, 494:3, eff. Aug. 1, 1979.

Section 363:12-a

    363:12-a Certain Speeches Authorized. – A commissioner may speak, write or lecture concerning the regulatory process in New Hampshire but shall be reimbursed only for actual expenses incurred therein.

Source. 1979, 494:3, eff. Aug. 1, 1979.

Section 363:12-b

    363:12-b Prohibition on Future Employment. – No commissioner, or former executive director, finance director, or general counsel of the commission shall accept any employment with any utility under the control of the commission until one year after he or she shall become separated from the commission.

Source. 1979, 494:3. 2001, 237:3, eff. July 1, 2001. 2021, 91:206, eff. July 1, 2021.

Section 363:12-c

    363:12-c Repealed by 1994, 414:3, eff. Aug. 10, 1994. –

Section 363:13

    363:13 Documents. – Any record, order, certificate, or other process, document, or paper, issued or made by the commission may be signed by such member of the staff as the commission may authorize for such purpose.

Source. 1911, 164:2. 1913, 145:6. 1915, 99:2. 1917, 76:2. 1921, 118:2. 1925, 179:1. PL 237:13. 1935, 115:1. RL 286:12. 1951, 203:10 par. 12, eff. Sept. 1, 1951.

Section 363:14

    363:14 Seal. – The commission shall have an official seal in such form as the commission may prescribe, and all copies of official documents and orders filed or deposited with or made by said commission, duly certified and authenticated by said seal, shall be received in evidence in any court in like manner as originals.

Source. 1911, 164:2. PL 237:14. RL 286:13. 1951, 203:10 par. 13, eff. Sept. 1, 1951.

Section 363:15

    363:15 Office. – The commission shall be provided with an office in which its records, documents and books shall be kept, and with a suitable room in which it may hold hearings.

Source. 1911, 164:2. PL 237:15. RL 286:14. 1951, 203:10 par. 14, eff. Sept. 1, 1951.

Section 363:16

    363:16 Quorum. – A majority of the commission shall constitute a quorum to issue orders, and any hearing may be held or conducted by 2 commissioners or by a single commissioner.

Source. 1911, 164:2. PL 237:16. RL 286:15. 1951, 203:10 par. 15. RSA 363:16. 1989, 240:5, eff. July 23, 1989. 2021, 91:207, eff. July 1, 2021.

Section 363:17

    363:17 Request for Full Commission. – No hearing, except in accident cases, shall be held or conducted by a single commissioner if any party whose interests may be affected shall, 5 days before the date of hearing, file a request in writing that the same be held or conducted by the full commission, or a majority thereof. If no such request is filed, the commission may assign one of its members or appoint a qualified member of its staff as examiner to hear the parties, report the facts, and make recommendations to the commission.

Source. 1913, 145:4. 1915, 99:1, 2. PL 237:17. RL 286:16. 1951, 203:10 par. 16, eff. Sept. 1, 1951. 2021, 91:208, eff. July 1, 2021.

Section 363:17-a

    363:17-a Commission as Arbiter. – The commission shall be the arbiter between the interests of the customer and the interests of the regulated utilities as provided by this title and all powers and duties provided to the commission by RSA 363 or any other provisions of this title shall be exercised in a manner consistent with the provisions of this section.

Source. 1979, 494:4, eff. Aug. 1, 1979.

Section 363:17-b

    363:17-b Final Orders. –
The commission shall issue a final order on all matters presented to it. Matters resolved by final order of the commission shall be exempt from RSA 541-A:29 and RSA 541-A:29-a, but shall be subject to federal and state time limitations applicable to specific matters. The transcript or minutes of oral deliberations shall not constitute a final order. A final order shall include, but not be limited to:
I. The identity of all parties;
II. A decision on each issue including the reasoning behind the decision; and
III. The concurrence or dissent of each commissioner participating in the decision.

Source. 1979, 494:4. 2000, 57:1, eff. June 16, 2000. 2018, 279:17, eff. Jan. 1, 2019. 2022, 245:16, eff. Aug. 20, 2022.

Section 363:17-c

    363:17-c Meetings of the Commission. – The commission's deliberative processes in adjudicatory proceedings held pursuant to RSA 541-A and investigations held pursuant to its authority under Title 33 shall be privileged and exempt from the public meeting, notice, and disclosure provisions of RSA 91-A. Decisions and orders in adjudicatory proceedings and investigations shall be publicly available but only after they have been announced at a public meeting or hearing of the commission or reduced to writing, signed by a majority of the commission and served upon the parties. Discussions and actions by the commission concerning procedural, administrative, legal, and internal matters shall be exempt from the meeting and notice provisions of RSA 91-A:2.

Source. 2007, 154:1, eff. June 18, 2007.

Section 363:18

    363:18 Cooperation With Other Agencies. – The commission may confer and cooperate with any other state, federal, or local agency in any matter relating to its duties.

Source. 1911, 164:2. PL 237:26. 1935, 115:1. RL 286:25. 1951, 203:10 par. 24, eff. Sept. 1, 1951.

Section 363:18-a

    363:18-a Repealed by 2021, 91:209, I, eff. July 1, 2021. –

Section 363:19

    363:19 Disqualification of Member. – No commissioner shall sit upon the hearing of any question which the commissioner is to decide in a judicial capacity who would be disqualified for any cause, except exemption from service and knowledge of the facts involved gained in the performance of his official duties, to act as a juror upon the trial of the same matter in an action of law.

Source. 1911, 164:2. 1913, 145:4. 1915, 99:1, 2. PL 237:18. RL 286:17. 1951, 203:10 par. 17, eff. Sept. 1, 1951.

Section 363:20

    363:20 Special Commissioner. – If at any time a commissioner shall be disqualified or unable to perform the duties of his office, the governor, upon application of the commission, may, with the consent of the council, appoint a special commissioner to act in his place during the period of the commissioner's disqualification or inability to act.

Source. 1911, 164:2. PL 237:19. RL 286:18. 1951, 203:10 par. 18, eff. Sept. 1, 1951.

Section 363:21

    363:21 Compensation. – The commissioner so appointed shall be paid a reasonable compensation per day for his services, and his necessary expenses, to be allowed by the governor and council and paid from the state treasury.

Source. 1911, 164:2. PL 237:20. RL 286:19. 1951, 203:10 par. 19, eff. Sept. 1, 1951.

Investigation of Interstate Matters

Section 363:22

    363:22 Investigations. – Except as pertains to any end user of an excepted local exchange carrier or services provided to such end user, the commission may investigate all existing or proposed interstate rates, fares, charges, classifications and rules and regulations relating thereto, where any act thereunder may take place within this state.

Source. 1913, 145:12. PL 237:22. RL 286:21. 1951, 203:10 par. 20. RSA 363:22. 1979, 494:5, eff. Aug. 1, 1979. 2012, 177:2, eff. Aug. 10, 2012.

Section 363:22-a

    363:22-a Repealed by 2021, 91:209, II, eff. July 1, 2021. –

Section 363:23

    363:23 Petitioners, Etc. – When the same are found to be, in the opinion of the commission, unjust, unreasonable, unjustly discriminatory or otherwise in any respect in violation of the provisions of the act to regulate commerce, or of any other act of Congress, or in conflict with the rules and orders of the Interstate Commerce Commission, or of any other department of the federal government, the commission may apply for relief by petition or otherwise to the Interstate Commerce Commission, or to any other department of the federal government, or to any court of competent jurisdiction.

Source. 1913, 145:12. PL 237:23. RL 286:22. 1951, 203:10 par. 21, eff. Sept. 1, 1951.

Reports of Commission

Section 363:24

    363:24 Biennial. – The commission shall publish and file with the governor and council, the president of the senate, the speaker of the house of representatives, and the appropriate standing committees of the senate and the house of representatives a report not later than December 1 of each odd numbered year. Such report shall contain such account of its proceedings for the 2 years last preceding, and such suggestions and recommendations as to needed legislation or as to other matters affecting public utilities as the commission may desire to submit.

Source. 1911, 164:25. PL 237:24. RL 286:23. 1951, 203:10 par. 22. RSA 363:24. 1973, 140:19. 2002, 247:1, eff. July 16, 2002.

Section 363:25

    363:25 Publications. – The commission may, from time to time, subject to the approval of the governor and council, publish such of its reports and orders and such statistics and other information concerning public utilities doing business in this state as the commission may deem to be of public interest.

Source. 1911, 164:25. PL 237:25. RL 286:24. 1951, 203:10 par. 23, eff. Sept. 1, 1951.

Support Personnel to Commission

Section 363:26

    363:26 Repealed by 1979, 498:4, eff. Aug. 1, 1979, at 12:01 a.m. –

Section 363:27

    363:27 Staff. –
I. In the exercise of the jurisdiction and performance of the duties prescribed by law, the commission shall have the power, subject to the state personnel regulations and within the limits of the appropriation for such purpose, to employ and fix the compensation of such regular staff, including experts, as it shall deem necessary. Notwithstanding any other provision of law, if the expenditure of additional funds over budget estimates is necessary for the proper functioning of the public utilities commission, the governor and council, with the prior approval of the fiscal committee of the general court, upon request from the commission, may authorize an additional assessment pursuant to RSA 363-A for such purpose.
II. The staff of the commission shall be organized as the chairperson determines best achieves its statutory responsibilities.
III. "Staff" means the employees of the commission and any consultants and other contractors retained by the commission for the purpose of assisting the commission and its employees in providing advice or information, or for the purpose of supplementing the work of the commission and its employees.

Source. 1979, 494:6. 1981, 220:6. 1985, 402:17. 1989, 240:6. 1991, 339:1. 1994, 414:2. 1999, 289:11. 2001, 237:4. 2007, 156:12, eff. Aug. 17, 2007. 2010, 191:4, eff. Aug. 20, 2010. 2021, 91:210, eff. July 1, 2021.

Section 363:28

    363:28 Office of the Consumer Advocate. –
I. The office of the consumer advocate shall be an independent agency administratively attached to the department of energy pursuant to RSA 21-G:10. The office shall consist of the following:
(a) A consumer advocate, appointed by the governor and council, who shall be a qualified attorney admitted to practice in this state. The consumer advocate shall serve a 4-year term and until a successor is appointed and qualified.
(b) An assistant consumer advocate appointed by the consumer advocate, who shall be a full-time classified employee.
(c) A secretary appointed by the consumer advocate.
(d) Three additional staff people appointed by the consumer advocate. When filling these positions, the consumer advocate should consider appointing rate analysts or economists.
II. Except as pertains to any end user of an excepted local exchange carrier or services provided to such end user, the consumer advocate shall have the power and duty to petition for, initiate, appear or intervene in any proceeding concerning rates, charges, tariffs, and consumer services before any board, commission, agency, court, or regulatory body in which the interests of residential utility consumers are involved and to represent the interests of such residential utility consumers.
III. The consumer advocate shall have authority to contract for outside consultants within the limits of funds available to the office. With the approval of the fiscal committee of the general court and the governor and council, the office of the consumer advocate may employ experts to assist it in proceedings before the public utilities commission, and may pay them reasonable compensation. The department of energy shall charge a special assessment for any such amounts against any utility participating in such proceedings and shall provide for the timely recovery of such amounts for the affected utility.
IV. The consumer advocate shall have authority to promote and further consumer knowledge and education. The consumer advocate shall advocate against proposed regional or federal rules or policies that are inconsistent with the policies, rules, or laws of New Hampshire. In its participation in regional activities, the consumer advocate shall consider how other states' policies will impact New Hampshire rates and work to prevent or minimize any rate impact the consumer advocate determines to be unjust or unreasonable.
V. The consumer advocate shall publicize the Link-Up New Hampshire and Lifeline Telephone Assistance programs in order to increase public awareness and utilization of these programs.
VI. The filing party shall provide the consumer advocate with copies of all confidential information filed with the public utilities commission in adjudicative proceedings in which the consumer advocate is a participating party and the consumer advocate shall maintain the confidentiality of such information.
VII. Notwithstanding any other provision of law, if the expenditure of additional funds over budget estimates is necessary for the proper functioning of the office of the consumer advocate, the governor and council, with the prior approval of the fiscal committee of the general court, upon request from the consumer advocate, may authorize an additional assessment pursuant to RSA 363-A for such purpose.

Source. 1981, 220:7; 354:1. 1985, 300:4. 1986, 146:1. 1987, 136:3. 1999, 167:2. 2001, 4:1. 2007, 263:174, eff. July 1, 2007. 2010, 162:1, eff. June 17, 2010; 267:1, eff. Sept. 4, 2010. 2012, 177:3, eff. Aug. 10, 2012. 2018, 376:2, eff. Oct. 2, 2018. 2021, 91:211, 212, eff. July 1, 2021. 2023, 79:116, 117, eff. July 1, 2023.

Section 363:28-a

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

Source. 1999, 167:3, eff. Aug. 30, 1999. 2012, 177:4, eff. Aug. 10, 2012.

Section 363:29

    363:29 Repealed by 1989, 240:8, I, eff. July 23, 1989. –

Participation of Staff in Adjudicative Proceedings

Section 363:30 to 363:36

    363:30 to 363:36 Repealed by 2021, 91:213, eff. July 1, 2021. –

Privacy Policies for Individual Customer Data

Section 363:37

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

Source. 2016, 258:1, eff. Aug. 14, 2016. 2019, 86:1, eff. Aug. 17, 2019.

Section 363:38

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

Source. 2016, 258:1, eff. Aug. 14, 2016. 2019, 86:2, eff. Aug. 17, 2019.

Confidential Data Filed at the Public Utilities Commission

Section 363:39

    363:39 Complaints. – When complaints to the department of energy are initiated by residential customers, the department shall provide to the consumer advocate access to the complaint, by paper or electronically, with the customer name blocked out, at the same time as the department forwards the complaint to the utility in compliance with department rules.

Source. 2016, 258:1, eff. Aug. 14, 2016. 2021, 91:214, eff. July 1, 2021.