CHAPTER Puc
600 RULES FOR WATER SERVICE
REVISION
NOTE:
Document
#6475, effective 3-25-97, made extensive changes to the wording and numbering
of rules in Chapter Puc 600. Document #6475 supersedes all prior filings
for the sections in this chapter. The
prior filings for former Chapter Puc 600 include the
following documents:
#2011, eff 5-4-82
#2059, eff 6-22-82
#2549, eff 12-26-83
#2601, eff 1-24-84
#2784, eff 7-27-84, EMERGENCY
#2912, eff 11-26-84
#4341, eff 11-24-87
#4782, eff 3-5-90
#5002, eff 11-26-90
#5616, eff 4-20-93
#5818, eff 4-27-94
#5866, eff 7-6-94
#6245, eff 5-14-96
#6365, INTERIM, eff 11-18-96, EXPIRED:
3-18-97
Puc 601.01 Application
of Rules. Puc
600 shall apply to any utility as defined in Puc
602.16.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
PART Puc
602 DEFINITIONS
Puc
602.01 “Class A utility” means a utility
having annual water operating revenues of $750,000 or more.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc
602.02 “Class B utility” means a utility
having annual water operating revenues of $150,000 or more, but less than
$750.000.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc
602.03 “Class C utility” means a utility
having annual water operating revenues of less than $150,000.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc 602.04
"Commission" means the
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13 (from Puc 602.01)
Puc 602.05
"Customer" means any person, firm, corporation, cooperative
marketing association, utility or governmental unit or subdivision of a
municipality or of the state or nation supplied with water service by a
utility.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13 (from Puc 602.02)
Puc 602.06
"Customer service pipe" means that section of service pipe
from the customer's property line or the curbstop to
the customer's place of consumption.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13 (from Puc 602.03)
Puc
602.07 "Discounted cash flow
methodology" or "DCF" means a method of computing the cost of
equity capital via the estimation of the expected flow of dividends in relation
to the current market price of the stock computed by dividing the expected
annual dividend by the current market price of a share of common stock and
adding the expected rate of growth in dividends, as represented in the equation
below, where:
(a)
"k" means the cost of equity capital;
(b)
"Div1" means the annual dividend expected in
year 1 which is calculated by multiplying the dividends paid over the
current year just ended by the product of 1 plus the expected rate of growth in
dividends, as shown in the following formula:
Div1
= Div0 (1 + g)
(c)
"Div0" means the dividends paid over the current
year just ended;
(d)
"P0" means the current market price of a share of
common stock;
(e)
"g" means the expected rate of growth in dividends, which is
assumed to be constant; and
(f)
"k" is derived by dividing "Div1" by
"P0" and adding "g" to the product; as shown in
the following formula:
k
=(Div1 / P0) + g
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13 (from Puc 602.04)
Puc 602.08
"Franchise" means the right to conduct business as a utility
pursuant to RSA 374:22 and RSA 374:26.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13 (from Puc 602.05)
Puc 602.09
"Meter" means a device installed by a utility for the
measurement of water quantities to be used as a basis for determining charges
for water service.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13 (from Puc 602.06)
Puc 602.10 "
(a) Lowest point of its normal operating range
during maximum day demand; and
(b) Highest point of its normal operating range
during minimum day demand.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13 (from Puc 602.07)
Puc 602.11
"Order nisi" means an order that will ripen or take effect at
some set date in the future unless the order is rescinded by the commission
before that date.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13 (from Puc 602.08)
Puc
602.12 "Service connection"
means the point of connection between the customer's service pipe and the
utility's service line.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13 (from Puc 602.09)
Puc 602.13
"Service entrance" means the point at which the customer
service pipe enters the customer's building.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13 (from Puc 602.10)
Puc 602.14
"Service pipe" means the connection between the utility's main
and the customer's place of consumption and includes all of the pipe, fittings
and valves necessary to make the connection.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13 (from Puc 602.11)
Puc 602.15 "Small water system" means any water
distribution system serving fewer than 600 customers:
(a) Which has received a franchise and
established an initial revenue requirement pursuant to Puc
1600;
(b) Which is not interconnected with any other
water distribution system owned, operated by or affiliated with the same
individual or entity; and
(c) Whose revenue requirement is established
based on the value of the assets used to serve only those customers served by
that water distribution system.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13 (from Puc 602.12)
Puc
602.16 "Utility" means any
"public utility" as defined in RSA 362:2 and RSA 362:4 owning,
operating or managing any plant or equipment or any part of the same for
supplying of water to the public, or engaged in the transmission or sale of
water ultimately sold to the public within New Hampshire except:
(a)
Municipal corporations operating within their corporate limits;
(b)
Municipal corporations which are exempt pursuant to RSA 362:4, to the
extent of any such exemption;
(c)
Any landlord supplying water to tenants which service is included in a
rental fee; or
(d)
Any association of residents supplying water to themselves.
Source. #10407, eff 9-10-13 (from Puc
602.13)
Puc
602.17 "Utility service pipe"
means that portion of the service pipe not characterized as customer service
line or pipe.
Source. #10407, eff 9-10-13 (from Puc
602.14)
Puc
602.18 "Water service" means
the furnishing of water to a customer in this state by a utility.
Source. #10407, eff 9-10-13 (from Puc
602.15)
PART Puc
603 SERVICE PROVISIONS
Puc
603.01 Filing of Tariffs. No utility shall render service until a
complete tariff, containing rate schedules, shall have been filed with the
commission and published in accordance with Puc 1600.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc 603.02 Information
to Customers.
(a) Each utility shall, upon request, provide a customer
with a copy of the most recent chemical analysis of the water supplied.
(b) Not more than one chemical analysis per
customer per year shall be required pursuant to (a) above.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc 603.03 Measurement
of Service.
(a) All water sold by a utility shall be billed
on the basis of metered volume sales unless a waiver is granted by the commission
pursuant to Puc 201.05 for unmetered service.
(b) Temporary service may be provided on a flat
rate basis when the use of water can be readily estimated.
(c) Service of a character for which there is no
rate of general application may be rendered under a special contract between
the utility and the applicant to become effective only after order of the
commission pursuant to RSA 378:18.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc 603.04 Meter
(a) All meters used for metered sales shall have
registration devices indicating the volume of water in either cubic feet or
(b) In instances where the utility installs a
remote meter read device, the meter having actual contact with water shall
serve as the primary registrant and shall be the determinant for all billing
and billing adjustments.
(c) A utility shall, except as a result of
weather-related emergencies or other extenuating circumstances, read the meter
or remote read device of its metered customers every billing period. In no case shall it do so less than every
third billing period, except as provided in (d) below.
(d) If the billing period is 6 months or longer,
the utility shall, except as a result of weather-related emergencies or other
extenuating circumstances, obtain a reading of the meter or remote read device
of its metered customers each billing period.
In no case shall it do so less than annually.
(e)
When a remote meter read device is a pulse or other non-encoder type,
the utility shall obtain a reading from the water meter itself at least every 2
years.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc 603.05 Customer
Relations. Each utility shall comply
with the additional rules governing provision of service to customers contained
in Puc 1200, uniform administration of utility
customer relations.
Source.
(See Revision Note at Chapter heading Puc 600)
#6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407, eff 9-10-13
PART Puc
604 QUALITY OF WATER SERVICE
Puc 604.01 Quality
of Water.
(a) Each utility shall conform to all
requirements of the
(b) When a utility is notified that its water
quality is being investigated by the department of environmental services, the
utility under investigation shall notify the commission in writing within 10
business days.
(c) The utility referred to in (b) above shall
submit to the commission a final report on any such investigation or review
within 10 days after final disposition of the matter.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc 604.02 Cross-Connections. Each utility shall conform to all
requirements of the department of environmental services relative to
cross-connections.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc 604.03 Pressure.
(a) Each utility shall maintain normal operating pressures
of not less than 20 pounds per square inch (psi) nor more than 125 psi at the
service connection, subject to (b) below.
(b) For new services connected after the
effective date of these rules, each utility shall maintain normal operating
pressures of not less than 30 psi nor more than 100 psi at the service entrance
to each building, measured with no water flow inside the building, unless the
requirements of Puc 604.04 (d) and (f), or (g) are
met.
(c) Utilities shall make every reasonable effort
to deliver normal system operating pressures within the 30 to 100 psi range to
customer service locations connected prior to the effective date of these
rules.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc
604.04 Pressure Variation.
(a) Variations in pressure under normal operating
conditions shall not exceed by one-third, either above or below, the average
operating pressure, but in no case shall exceed 20 psi above or below the
average operating pressure, unless the utility obtains a waiver pursuant to Puc 201.05.
(b) The average operating pressure shall be
determined by computing the arithmetical average of at least 24 consecutive
hourly pressure readings.
(c) Pressure variations outside the limits
specified shall not be considered a violation of this rule when they:
(1) Arise from unusual or extraordinary
conditions;
(2) Are infrequent fluctuations not exceeding 5
minutes duration; or
(3) Arise from the operation of the customer's
equipment.
(d) In systems of widely varying elevations a
utility may undertake to furnish a new service which does not comply with the
specifications contained in either (a) and (c) above or the minimum or maximum
pressure requirements of Puc 604.03(b), if:
(1) The customer is fully advised of the
conditions under which average service may be expected; and
(2) The customer's agreement is secured in
writing.
(e) The utility may require in the agreement
referred to in (d) (2) above that its terms shall be binding on future
customers served at the same location under similar circumstances.
(f) The utility shall record the agreement
referred to in (d)(2) above at the appropriate registry of deeds.
(g) Except as provided in (d) above, where a
utility is providing new water service where pressures or pressure variations
fail to meet the above limits, the utility shall require installation of
booster pumps, if permitted by the department of environmental services, on a
case by case basis, or pressure reducing devices, by and at the expense of the
customer.
(h) The utility shall provide the appropriate
remediation device as described in (g) above at its own expense for the
following:
(1) A service connected on or after the effective
date of these rules which:
a. Fails to meet:
1. The minimum and maximum pressure requirements
of 30 psi and 100 psi established by Puc 604.03 (b);
or
2. The pressure variation criteria of this
section; and
b. Is a location where the utility has failed to
apply the requirements of paragraph (d) or (g) above; or
(2) A service connected between May 4, 1982 and
the 2013 effective date of these rules which:
a. Fails to meet either:
1. The older 20 psi minimum or the 125 psi
maximum pressure criteria of Puc 604.03 (a); or
2. The pressure variation criteria of this
section.
(i) Services
connected as provided in (h)(2) above shall be exempt from the remediation
device requirement to the extent that the pressure or pressure variation
requirements of (h)(2)a were waived by an agreement recorded pursuant to
paragraph (f) above or if the service was previously remediated by the
customer.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc
604.05 Pressure Surveys and Records.
(a) Each utility serving 300 or more customers
shall provide itself with one or more recording pressure gauges for the purpose
of making pressure surveys as required by these rules.
(b) These gauges shall be suitable to record the
pressure experienced on the utility's system and shall be able to record a
continuous 24-hour test.
(c) One of these recording pressure gauges shall
be maintained in continuous service at some representative point on the
utility's mains in each individual service area containing 200 or more
customers.
(d) At regular intervals, but not less than once
in every 5 years, and when substantial changes either in demand or distribution
system occur, each utility shall make a survey of pressures in its distribution
system sufficient to determine the pressures maintained at representative
points on its system and to indicate compliance with the pressure requirements
herein.
(e) Such surveys shall be made at or near the
period of maximum usage.
(f) Utilities serving less than 300 customers may
make such tests with an indicating pressure gauge, provided however, that when
no recording gauge is maintained on the system such tests shall be made
annually.
(g) Each utility shall retain for at least 2
years and shall make available for inspection by the commission or its
representative all pressure records obtained under this section.
(h) Reports of pressure complaints shall be made
to the commission on Form E-14, which is described at Puc
609.07, once a month, if any occur.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc 604.06 Interruptions
of Service.
(a) Each utility shall use all reasonable means to
avoid interruptions to service, but should interruption occur service shall be
re-established within the shortest time practicable, consistent with safety.
(b) When an emergency interruption of service
affects any portion of the fire protection system, the utility shall promptly
notify the fire chief or other public official responsible for fire protection
of such interruption and of subsequent restoration to normal service.
(c) Each utility shall keep a record of all
interruptions to service of over 30 minutes duration affecting any portion of
the distribution system.
(d) A utility shall include in the record of
service interruptions required by (c) above the following:
(1) Date and time of interruption;
(2) Approximate number of customers affected;
(3) The date and time of service restoration;
(4) The cause of such interruption when known;
and
(5) Steps taken to prevent its recurrence.
(e) When service is interrupted to perform scheduled
work on mains or equipment, such work shall be done at a time causing minimum
inconvenience to customers, consistent with the circumstances.
(f) Customers affected by such interruption shall
be notified in advance, if practicable.
(g) Where any main supplying public fire
protection service is interrupted, the utility shall promptly notify the fire
chief or other official responsible for fire protection, stating the
approximate time and anticipated duration.
(h) The fire chief or other official responsible
for fire protection shall be notified promptly upon restoration of service.
(i) Reports of
service interruptions shall be made to the commission on Form E-18, which is
described in Puc 609.11, once a month, if any occur.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc 604.07 Shortage
of Supply.
(a) The utility shall furnish a continuous and
adequate supply of water to its customers and to avoid any shortage or
interruption of delivery thereof except when prevented from doing so by
emergencies the effect of which prudent planning would not have avoided.
(b) If a utility finds that it is necessary to
restrict the use of water it shall give the commission and its customers
written notice, except in emergency conditions, no less than 24 hours in
advance, before such restriction becomes effective.
(c) Such notifications shall specify:
(1) The reason for the restriction;
(2) The nature and extent of the restriction,
such as restrictions on outdoor use of water or use by certain classes of
customers;
(3) The date such restriction is to go into
effect; and
(4) The probable date of termination of such
restriction.
(d) During times of threatened or actual water
shortage each utility shall equitably apportion its available water supply
among its customers with due regard to public health and safety.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc 604.08 Conservation. Each utility shall comply with water conservation
rules promulgated by the department of environmental services pursuant to RSA
485:61.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
PART Puc
605 METER ACCURACY AND TESTING
Puc 605.01 Inspection
of Meters.
(a) All new meters shall be inspected for
correctness of register size and multiplier before being installed on a
customer's premises.
(b) All meters removed from service which are to
be reinstalled shall be inspected for correctness of register size and
multiplier.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc
605.02 Meter Installations.
(a)
All meters shall be in good mechanical condition and of adequate size
and design for the type of service which they measure. All meters shall be checked to insure
correctness of operation when installed.
(b)
Each utility shall adopt a standard method of meter installation which
includes:
(1) Providing a written description and/or
drawings to the extent necessary to provide a clear understanding of the
requirements; and
(2) Making available copies of these methods of
installation to prospective customers and contractors or others engaged in the business
of placing pipe for water utilization.
(c)
The customer shall provide an accessible area protected from temperature
variation and weather in which to set the meter which shall be located as
nearly as practical to where the service pipe enters the building.
(d)
If an adequate space is not provided in which to install a meter, the
utility may:
(1) Refuse service; or
(2) At the option of the customer, install an
outside meter pit at the expense of the customer.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc 605.03 Test
and Calibration of Meters.
(a)
All meters shall be tested and calibrated in accordance with the
requirements set forth in this section.
(b)
No meter shall be placed in service or permitted to remain in service if
the error of registration exceeds specifications in (d) below.
(c)
A utility shall test all meters as specified by size in the left column,
at the 3 rates of flow specified in Table 6.5.1 below:
Table
6.5.1 Test Flows Required by Size of Meter
|
Test
Flow - Gallons per Minute |
||
Meter
Size - Inches |
Minimum |
Medium |
Maximum |
|
|
|
|
5/8 |
1/4 |
2 |
15 |
5/8
x 3/4 |
1/4 |
2 |
15 |
3/4 |
1/2 |
3 |
25 |
1 |
3/4 |
4 |
40 |
1
1/2 |
1
1/2 |
8 |
50 |
2 |
2 |
15 |
100 |
3 |
4 |
20 |
150 |
4 |
7 |
40 |
200 |
6 |
12 |
60 |
500 |
(d)
A meter shall be determined inaccurate and shall not be placed or
returned to service if:
(1) The percent error of registration exceeds 103%
or is less than 97%; or
(2) The registration at the minimum flow exceeds
103% or is less than 90%.
(e)
The percent error of registration shall be taken as the algebraic sum of
the errors at the intermediate and maximum rates of test flow, as set forth in
the table above, divided by 2.
(f)
Upon completion of and adjustment of any meter
under the provisions of these rules, the utility shall affix thereto a suitable
seal in such a manner that the adjustment of registration of the meter cannot
be tampered with without breaking the seal.
(g)
At the option of the utility, the larger size meters may be tested in
place after installation.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc 605.04 Test
Schedules for Meters.
(a) All new meters shall be tested and calibrated
before being put into service.
(b) A utility shall not be required to report to
the commission new meter tests referred to in (a) above nor shall these tests
be considered as periodic tests of meters in service.
(c) A utility shall conduct tests on meters in
service, according to the size of the meter in inches, in accordance with the
schedule established by Table 6.5.2 below:
Table
6.5.2 Testing Interval Required By Size of Meter
Size
of Meter - Inches |
Maximum
Interval Between Tests |
|
|
5/8 |
10
years |
3/4 |
10
years |
1 |
4 years |
1 1/2 |
4 years |
2 |
4 years |
3 |
2 years |
4 |
1 year |
6 |
1 year |
(d) All meters removed from service and not due for
periodic test shall be tested before being put back into service.
(e) Source meters shall be calibrated at least
every 10 years.
(f) When a customer requests that the customer’s
meter be tested, a utility:
(1) Shall test the accuracy of the customer's
meter within 15 days from the time the request is made;
(2) May require a deposit and charge for meter
testing in an amount in accordance with tariff provisions;
(3) Shall promptly refund the deposit and charge
if on testing the meter is found to be over-registering by more than 3% or
under-registering as described in Puc 605.03(d);
(4) May retain the deposit amount if the meter is
found to meet the accuracy requirements of Puc
605.03(d);
(5) Shall permit a customer to be represented in
person or by his agent when the utility conducts the test of the meter; and
(6) Shall provide to the customer within 15 days
after completion of the test a report giving:
a. The name of the customer requesting the test;
b. The date of the request;
c. The location, type, make, size and serial
number of the meter;
d. The date tested; and
e. The result of the test.
(g) When a customer makes written application to the
commission for testing of a meter, sometimes called referee testing, the
commission staff shall arrange to have the meter tested in staff’s presence as
soon as is practicable.
(h) When notified of an application submitted to
the commission by a customer for a referee test as provided in (g) above, the
utility shall not remove, interfere with, or adjust the meter to be tested
without the written consent of the customer, and approval by the commission
pursuant to Puc 201.05.
(i) A complete record
of all tests and adjustments and data sufficient to allow checking of test
calculations shall be recorded by the meter tester.
(j) The test record referred to in (i) above shall include:
(1) The identifying number of the meter;
(2) The type of the meter;
(3) The date and kind of tests made;
(4) The reading of that meter before making any
test;
(5) The error as found at each test; and
(6) If repaired the accuracy of the meter after
the final test.
(k) The complete record of tests of each meter
shall be continuous for at least 2 periodic tests, and in no case for less than
2 years.
(l) Each utility shall report to the commission
periodic tests of meters on Form E-15, which is described in Puc 609.08, once a year.
(m) Each utility shall report request or referee
tests, referred to in (f) and (g) above, to the commission on Form E-16, which
is described in Puc 609.09, once a month, if any
occur.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc 605.05 Customer's
Bill Adjustments.
(a) In meter tests made by the utility or monitored
by the commission as provided by Puc 605.04, the
correctness of registration of the meter and its performance in service shall
be judged by its average error, determined in accordance with Puc 605.03.
(b) Any adjustment of charges which is made in
accordance with this section shall be based on the average error thus derived.
(c) Whenever a meter is found to register in
excess of 103% of the correct amount, the utility shall refund to the customer
an amount equal to the charge for the excess billed for the shorter of the
following:
(1) The previous 12 months;
(2) A period equal to 1/2 of the time elapsed
since the last test; or
(3) The period of occupancy by the customer.
(d) If the time when the error, referred to in
(c) above, first developed or occurred can be definitely fixed, the amount to
be refunded shall be based thereon.
(e) Whenever a meter is found to under-register
as outlined in Puc 605.03(d), the utility may make a
charge to the customer for the unbilled amount supplied for the shorter of:
(1) The previous 12 months;
(2) A period equal to 1/2 of the time elapsed
since the last test; or
(3) The period of occupancy by the customer.
(f) If a meter or remote register is found which
does not register properly, the bill for the period of improper registration
shall be based upon information recorded by a meter or remote register, during
a period during which the device is determined to accurately record use, prior
or subsequent to the period of improper registration, and any other pertinent
information supplied by the customer or known to the utility.
(g) The period for recovery of the difference between
previously billed amounts and estimated actual consumption under (f) above
shall not exceed 12 months.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc
605.06 Test Facilities and Equipment.
(a)
Each utility furnishing metered water service shall either:
(1) Provide the necessary standard facilities,
instruments and other equipment for testing meters in compliance with these
rules; or
(2) Enter into satisfactory arrangements for test
of its meters by another utility or agency equipped to test meters in
compliance with these rules, subject to approval by the commission pursuant to Puc 201.05.
(b)
Each utility shall maintain or arrange for the use of a meter test shop
which, insofar as practicable, shall simulate the actual service conditions.
(c)
The meter test shop required by (b) above shall be provided with:
(1) The necessary fittings, including a
quick-acting valve for controlling the starting and stopping of the test; and
(2) A device for regulating the flow of water
through the meter under test.
(d)
The accuracy of the test equipment and test procedures shall be
sufficient to enable shop test of displacement meters with an error not to
exceed 0.5%.
(e)
Each utility shall maintain or arrange for the use of measuring devices
for test of meters.
(f)
The measuring devices required by (e) above shall consist of calibrated
tanks for volumetric measurements, tanks mounted upon scales for weight
measurement or standard meters.
(g)
In using the measuring devices required by (e) above the utility shall
adhere to the following test measurement standards:
(1) When a volumetric tank is used it shall be
certified by the
(2) When a weight standard is used the scales
shall be tested and certified at least once every year by the New Hampshire or
local sealer of weights and measures, and a record maintained of the results of
such test;
(3) Basic standards used for meter tests shall be
of sufficient capacity to insure accuracy of the test;
(4) Standard meters may be used for the purpose
of testing meters in place provided they have been tested and calibrated within
the limits of accuracy required by Puc 600, either by
the utility with its volumetric or weight standard equipment or by an approved
laboratory, within the previous 60 days; and
(5) The utility shall keep a record of tests
referred to in (4) above for a period of not less than 5 months.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc 605.07 Underground
Utility Damage Prevention Program.
All utilities shall comply with Puc 800, the
underground utility damage prevention program rules.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
PART Puc 606 EQUIPMENT AND FACILITIES
Puc 606.01 Standard
Practice.
(a) Each utility shall construct, install,
operate and maintain its plant, structures, equipment and mains:
(1) In accordance with applicable American Water
Works Association Standards copyrighted by the American Water Works
Association, pursuant to the applicable standards described in N.H Code Admin.
Rule Env-Ws 307.01, Standards of the American Water
Works Association; and
(2) In such manner, insofar as practical:
a. To best accommodate the public; and
b. To prevent interference with service
furnished by other underground facilities, including gas, electric, telephone,
steam, sewer and other underground and above ground facilities.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc 606.02 Distribution
System and Mains.
(a) Water mains shall be installed below the
normal frost line or otherwise protected to prevent freezing. Mains used exclusively to provide temporary
or seasonal service shall be excluded from this requirement.
(b) Insofar as practicable, the utility shall
design its distribution system so as to avoid dead ends on its mains.
(c) Where dead ends are unavoidable the utility
shall provide hydrants or valves for the purpose of flushing the mains.
(d) Where dead ends are unavoidable the utility
shall adhere to the following standards:
(1) Mains with dead ends shall be flushed as often
as necessary to maintain the proper quality of the water;
(2) Records shall be kept of all flushings of mains, showing the date, place and duration;
and
(3)
(e) Valves shall be provided at intervals in the
mains sufficient to allow the utility to facilitate repairs and minimize
interruptions of service.
(f) Whenever feasible, the distribution system
shall be laid out in a grid segmented so that in case of breaks or repairs the
number of customers affected can be minimized.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc
606.03 Fire Protection and Hydrants.
(a)
A utility and an applicant may negotiate regarding fire hydrants, public
and private fire protection facilities and connecting mains, as to the
following:
(1) Specifications;
(2) Location;
(3) Installation;
(4) Responsibility for maintenance; and
(5) Ownership.
(b)
Fire hydrants and public and private protection facilities shall be
installed in conformity to the requirements of the utility.
(c)
Hydrants maintained by the utility shall be inspected and flushed at
least once each year, and shall be checked for freezing as often as necessary
to insure that they are functioning properly.
(d)
A record of each hydrant shall be maintained showing the size, type,
location, date of inspection and flushing and the results thereof.
(e)
Reports of periodic inspection of flushing of hydrants shall be reported
to the commission on Form E-17, described at Puc
609.10 once a year.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc 606.04 Valves
and Service Connections.
(a) Each utility shall locate, operate and
inspect each valve on its distribution system at least once every 5 years.
(b) A utility annually shall locate, operate and
inspect valves which are:
(1) Larger than 12 inches in diameter;
(2) Located on major transmission lines; or
(3) Otherwise critical to system operation.
(c) A utility shall keep a record of each valve showing
the size, type, location, date of inspection and the results of each
inspection.
(d) Each utility shall require that the size,
design, material and installation of the service pipe shall conform to such
requirements of the utility as may be incorporated in its rules and
regulations.
(e) The utility shall require that the minimum
size of the service pipe shall not be less than 3/4 inch nominal size except
under unusual circumstances, such as might exist in a residence with very low
demand located very close to the main.
(f) All service pipes shall be laid at a depth
sufficient to prevent freezing, except where services are not intended for use
during freezing weather and are actually drained during such periods.
(g) Curb stops shall be placed at the customer's
property line except in unusual situations such as service to an apartment or
to a condominium.
(h) Each utility shall require that the customer
shall not install any tree or branch connection in the service pipe.
(i) A utility may
require the customer to leave the trench open and customer service pipe
uncovered until it is inspected by the utility and shown to be free from any
irregularity or defect.
(j) Each utility shall require the following in
relation to individual service connections:
(1) Each service connection shall be provided
with an individual shut-off;
(2) No tandem services shall be permitted; and
(3) Where such tandem services exist, the
shut-offs necessary to comply with this requirement shall be installed.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss
by #10407, eff 9-10-13
Puc 606.05 Disinfection
of Facilities. Disinfection of
facilities shall be as approved by the
Source.
(See Revision Note at Chapter heading Puc 600)
#6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407, eff 9-10-13
PART
Puc 607
RECORDS, REPORTS AND ACCOUNTING REQUIREMENTS
Puc 607.01 Station
Records. Each utility shall keep
sufficient records of the operation of its pumping, filtering, chlorinating and
other units to show the characteristics and performance of each.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407,
eff 9-10-13
Puc
607.02 Water Supply Measurement.
(a) Each utility shall install a suitable
measuring device at each source of supply in order that a record can be
maintained of the quantity of water produced at each source.
(b) At least once each month each utility shall
determine the quantity produced from each source of supply.
(c) A utility shall record and transmit to the
commission in the utility's annual report to the commission its 12 month totals
of water supply by sources.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407,
eff 9-10-13
Puc 607.03 System
Maps.
(a) Each utility shall have on file at its
principal office located within
(1) The size, character and location of all mains
including hydrants and valves;
(2) The size and location of each service
connection, where practicable; and
(3) The layout of all principal pumping stations,
filter and chlorinating plants to show size, location and character of all
major equipment, pipe lines, connections, valves and other equipment used.
(b) In lieu of showing service locations on maps,
referred to in (a)(2) above, a card record or other suitable means may be used.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407,
eff 9-10-13
Puc 607.04 Meter
Records.
(a) Each utility shall keep records numerically arranged
and classified by meter type presenting, for each meter owned and used by the
utility for any purpose, the following:
(1) Identification number;
(2) Date of purchase;
(3) Name of manufacturer;
(4) Serial number;
(5) Type;
(6) Rating; and
(7) Information as to each premises where the
meter has been in service, as follows:
a. The name and address of each customer on
whose premises the meter has been in service;
b. Date of installation; and
c. Date of removal.
(b) These records shall be maintained in a manner
such that the date of the last test is readily ascertainable.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407,
eff 9-10-13
Puc 607.05 Preservation
of Records.
(a) All records shall be preserved by the utility
for a period of 2 years unless otherwise designated by the commission's rules
governing the preservation of records, including Puc
607.07(b).
(b) The utility shall make such records available
to the commission or its staff upon request at the utility's office located in
the state of
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407,
eff 9-10-13
Puc 607.06 Reports
to Commission.
(a) The utility shall furnish the commission with
any information concerning the utility's facilities or operations which the
commission shall request and need for determining rates or judging the
practices of the utility.
(b) Each utility shall file periodic reports with
the commission as required by Puc 609 on the forms,
as described in Puc 609, which shall be furnished by
the commission upon request.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407,
eff 9-10-13
Puc 607.07 Uniform
System of Accounts.
(a) Each utility shall maintain its accounts and
records in conformity with the "Uniform Classification of Accounts for
Water Utilities" established and issued by the commission as a uniform
system of accounts pursuant to RSA 374:8.
(b) Each utility shall keep and preserve all
accounts and records as provided in the "Regulations to Govern the
Preservation of Records of Electric, Gas and Water Utilities Regulation",
governing the preservation of records of water utilities, issued by the National
Association of Regulatory Utility Commissioners, which is established and
designated by the commission as part of its uniform system of accounts pursuant
to RSA 374:8.
Source. (See Revision Notes at Chapter heading Puc 600 and below) #6475, eff 3-25-97; ss by #8311, eff
3-25-05;
ss by #10407, eff 9-10-13
REVISION NOTE:
Document
#6475 removed the former Puc 610 entitled
"Uniform System of Accounts for Water Utilities" and amended the
former Puc 607.08 governing accounting records,
previously adopted under Document #5818, effective 4-27-94.
Pursuant
to RSA 374:8, II and RSA 541-A:21, I(q), as amended effective 7-23-94 by 1994,
193:3 and 193:4, the uniform system of accounts (USOA) for regulated utilities
as referenced in Puc 607.07 is exempt from the
rulemaking requirements of RSA 541-A.
The text of the USOA is not included in Puc
607.07 above because the publication requirement for rules in RSA 541-A:15, I
does not apply.
By
Order No. 21,310 dated August 8, 1994, the New Hampshire Public Utilities
Commission (Commission) ordered, because of 1994, 193, that the USOAs,
including the USOA for water utilities, “shall remain in effect until such time
as the Commission shall prescribe, amend, rescind or otherwise affect the USOAs
currently prescribed for regulated utilities”.
The
Commission must still file in the Office of Legislative Services a copy of all
USOA rules adopted, amended or repealed under RSA 374:8. The text of the USOA for water utilities
subject to Order No. 21,310 was last filed in Document #6624.
A
copy of the USOA as referenced in Puc 607.07 may be
obtained at the New Hampshire Public Utilities Commission,
Puc 607.08 Work
Order and Continuing Property Records.
Each utility shall maintain a work order system and continuing property
records according to the "Uniform Classification of Accounts for Water
Utilities" and shall provide the commission access to such records when
requested.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407,
eff 9-10-13
PART Puc
608 SAFETY, INSPECTIONS AND SHORT TERM
DEBT
Puc 608.01 Safety
Instructions. Each utility shall
adopt comprehensive instructions for the safety of employees in regard to the
operation, construction and maintenance of its plant facilities, and shall
require that such employees have been properly informed of safe practices and
are cognizant of all hazards involved.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407,
eff 9-10-13
Puc 608.02 Resuscitation.
(a) Each utility shall institute and maintain a
program instructing its employees engaged in electrical work or work in
hazardous atmospheres, such as in-ground pump stations or meter vaults, in safety
procedures for resuscitation emergencies.
(b) Copies of safety procedures shall be
furnished to each such employee.
(c) Electrical work as used herein shall be construed
to mean work on all live electric conductors and equipment.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407,
eff 9-10-13
Puc 608.03 Accidents.
(a) Each utility shall report to the commission
as soon as possible after each accident occurring in connection with the
operation of its property, facilities or services, wherein any person shall
have been killed or seriously injured or whereby any serious property damage
shall have been caused.
(b) The first report of an accident may be
preliminary, but if so, shall be followed later by as full a statement as
possible of the cause and details of the accident and precautions taken, if
any, to prevent recurrence.
(c) Accidents resulting in slight injuries which
do not incapacitate the person injured from active work for more than 6 days in
the aggregate during the 10 days immediately following injury shall not be
required to be reported.
(d) The utility shall report to the commission on
form E-5, "NHPUC Accident Form", described in Puc
609.06, any accident related to its utility operations which is not a slight
accident as described in (c) above.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407,
eff 9-10-13
Puc 608.04 Commission
Inspection. The commission shall,
from time to time, inspect the works and system of each utility and the manner
in which it has conformed and presently conforms to commission rules.
Source.
(See Revision Note at Chapter heading Puc 600)
#6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407, eff 9-10-13
Puc 608.05 Short
Term Debt. No utility shall issue or
renew any notes, bonds or other evidence of indebtedness payable less than 12
months after the date thereof if said short term debt exceeds 10% of the
utility's net fixed plant without prior commission approval pursuant to Puc 201.05.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407,
eff 9-10-13
PART Puc
609 FORMS TO BE FILED BY ALL UTILITIES
Puc
609.01 F-1C Quarterly Statement of
Operations.
(a)
Any utility which does not file a statement of operations with the
commission on a monthly basis shall file form F-1C on a quarterly basis.
(b)
Utilities shall include in form F-1C:
(1) A caption indicating the title of the form as
“Form F-1C” along with the name of the utility filing the report;
(2) A statement of operation taking operating
revenues, subtracting all expenses, leaving the net income;
(3) A reconciliation of retained earnings
composed of balance at the beginning of the period and balance at end of the
period;
(4) A balance sheet listing the assets and
liabilities with a final result of total capital and liabilities; and
(5) The signature, full name and title of the
utility employee who supervised the preparation of the report.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407,
eff 9-10-13
Puc 609.02 F-3
Pro Forma Income Statement at Present and Proposed Rates for Year Ended.
(a) Each utility which requests a rate increase
shall file form F-3 with the commission.
(b) Form F-3 shall include:
(1) A caption identifying the report as “F-3 Pro
Forma Income Statement” along with the name of the utility filing the report;
(2) A breakdown of operating revenues and
expenses for:
a. Actual year ended;
b. Adjustments and pro forma at present rates;
c. At proposed rates with additional
requirements; and
d. Total requirements;
(2) A calculation of rate base and a calculation
of rate of return; and
(3) The signature, full name and title of the
utility employee who supervised the preparation of the report.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss and moved by #8311, eff
3-25-05 (from Puc 609.03); ss by #10407,
eff 9-10-13
Puc 609.03 F-4
Petition For Authority To Issue Securities.
(a) Each utility shall file form F-4 with the
commission when it seeks authority to issue securities.
(b) Form F-4 shall include the following:
(1) A petition which shall include:
a. A caption which shall identify the report as
“F-4 Petition for Authority to Issue Securities” along with the name of the
utility filing the report;
b. Description of authorized and outstanding
long term debt and capital stock;
c. Amount of short term notes outstanding;
d. Description of new securities;
e. Description of what proceeds will be used
for;
f. List of exhibits attached;
g. Certification statement as contained in Puc 609.04 (d);
h. Petitioner's prayer asking for the relief
requested; and
i. The signature, full name and title of the
utility employee who supervised the preparation of the form;
(2) Application for leave to issue securities pursuant
to RSA 369:3 including a statement in reasonable detail of any proposed
additions, construction or working capital requirements together with any
proposed construction budget;
(3) Exhibit 2, showing the estimated cost of
financing including, for example, legal costs, printing, documentary tax,
trustee services, financial services;
(4) Exhibit 3, current balance sheet adjusted for
financing with journal entries and explanations for actual, adjustments and as
adjusted;
(5) Exhibit 4,
current income statement adjusted for financing including new interest,
depreciation and taxes with entries for actual, adjustments and as adjusted;
(6) Exhibit 5, statement of capitalization ratios
after giving effect to the proposed financing; and
(7) Exhibit 6, weighted average cost of debt.
(c)
The utility shall also provide the following:
(1)
A copy of the purchase and sale agreement for
long term financing including any letter of commitment from a lender stating
the details of financing;
(2) A copy of the mortgage indenture;
(3) A copy of terms of new common or preferred
stock;
(4) A resolution of petitioner's stockholders,
board of directors or other governing body of petitioner, as appropriate,
authorizing the proposed financing; and
(5) An original and 6 copies of the petition and
exhibits.
(d) By submitting or signing a Form F-4 petition,
the persons submitting the form agree to comply with the certification
requirement as set forth in Puc 609.04 (d).
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss and moved by #8311, eff
3-25-05 (from Puc 609.04); ss by #10407,
eff 9-10-13
Puc 609.04 F-16-Water
Annual Report.
(a)
Each utility which maintains its books on a calendar year basis shall
complete the “Annual Report for Water Utilities,” dated July 2013, form
available on the commission website at www.puc.nh.gov,
and file one signed original and one electronic copy with the commission
annually on or before March 31st.
(b)
Each utility which maintains its books on a fiscal year which does not
coincide with a calendar year shall complete the commission’s Form F-16 “Annual
Report for Water Utilities,” dated July 2013, available on the commission
website at www.puc.nh.gov, and file with
the commission one signed original and one electronic copy by email or through
the commission’s electronic records filing system no later than 90 days
following the close of each fiscal year.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss and moved by #8311, eff
3-25-05 (from Puc 609.05); ss by #10407, eff
9-10-13
Puc
609.05 F-22 - Information Sheet.
(a)
Each utility shall file Form F-22:
(1) Annually; and
(2) Whenever any changes occur to the information
included in the Form F-22 filing.
(b)
Each utility shall include the following on form F-22:
(1) A caption identifying the form as “Form F-22”
along with the name of utility;
(2) Person's name and address to receive annual
report form;
(3) Person's name and address to receive the
utility assessment tax;
(4) The names and titles of the principal
officers of the company; and
(5) The signature, full name and title of the
utility employee who supervised the preparation of the form.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss and moved by #8311, eff
3-25-05 (from Puc 609.06); ss by #10407,
eff 9-10-13
Puc 609.06 E-5 -
Utility Accident Report.
(a) Each utility shall file a completed
"NHPUC Accident Form" within 10 working days of when a utility
accident, as described in Puc 608.03(a) and (c),
occurs.
(b) The "NHPUC Accident Form" shall
include a caption identifying it as the “NHPUC Accident Form" and the
following:
(1) Report number, date and name and address of
utility;
(2) Date and location of accident;
(3) Description of person injured including:
a. Name;
b. Age;
c. Residence;
d. Employer; and
e. Status of injured person, whether employee,
person under contract, invitee, licensee, trespasser or other;
(4) Description of injury, current condition,
duration of disability and, if applicable, anticipated return to work date;
(5) Description of cause and manner of accident;
(6) If applicable, cause of death, previous
accident report number of the report filed prior to the death;
(7) Designation of federal or state statute
violated, if known;
(8) Recommendation for guarding against
repetition of accident; and
(9) Signature and title of signatory.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss and moved by #8311, eff
3-25-05 (from Puc 609.07); ss by #10407,
eff 9-10-13
Puc
609.07 E-14 - Report of Pressure
Complaints.
(a) Each utility shall report pressure complaints
to the commission on form E-14 on a monthly basis if they occur.
(b) A utility shall include on form E-14 the
following:
(1) A caption identifying the report as “E-14
Report of Pressure Complaints” along with the name of the utility filing the
report;
(2) Name of complainant and location;
(3) Date of test and average pressure;
(4) Pressure recorded including the minimum, time
of day, maximum, time of day;
(5) Total minutes below allowable minimum and
above allowable maximum; and
(6) The
signature, full name and title of the utility employee responsible for
supervising the preparation of the report.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss and moved by #8311, eff
3-25-05 (from Puc 609.08); ss by #10407,
eff 9-10-13
Puc 609.08 E-15
Annual Report of Water Meter Tests.
(a) Each utility shall file with the commission a
report of water meter tests on form E-15 on an annual basis.
(b) A utility shall include on form E-15 a
caption identifying it as “E-15 Annual Report of Water Meter Tests" and
the following:
(1) The utility name and year reported;
(2) The total meters installed at end of year by
size;
(3) The number of 5/8 through 2-inch meters
tested with a breakdown of the number meeting the standards specified in Puc 605.03(b), the number with no registration and the
number failing the standards of Puc 605.03(b);
(4) Individual test results for larger meters;
and
(5) The signature, full name and title of the
utility employee who supervised the preparation of the report.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss and moved by #8311, eff
3-25-05 (from Puc 609.09); ss by #10407,
eff 9-10-13
Puc 609.09 E-16
Report of Water Meter Complaint Tests.
(a) Each utility shall file form E-16 summarizing
water meter complaint tests on a monthly basis if complaints occur.
(b) A utility shall include on form E-16 a
caption identifying the report as “E-16 Report of Water Meter Complaint Tests”
and the following:
(1) The name of the company and the month
reported;
(2) The customer's name and address;
(3) The meter manufacturer, manufacturer's
number, company number, type, size;
(4) The percent of registration that are fast and
percent of registration that are slow;
(5) If a bill adjustment occurs, the amount
refunded or collected and the period covered by the bill adjustment; and
(6) The signature, full name and title of the
utility employee who supervised the preparation of the report.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss and moved by #8311, eff
3-25-05 (from Puc 609.10); ss by #10407, eff
9-10-13
Puc 609.10 E-17
Annual Report of Hydrant Inspection.
(a) Each utility shall file form E-17 describing
its inspections of hydrants on an annual basis.
(b) A utility shall include on form E-17 a
caption identifying the report as “E-17 Annual Report of Hydrant Inspection”
and the following:
(1) The name of the company and the year of the
report;
(2) The number of hydrants maintained, number of
hydrants inspected and flushed, and number of hydrants found defective;
(3) A breakdown of defective hydrants as follows:
a. The date, location, date of last inspection;
b. The nature of the defect, the cause of the
defect; and
c. The corrective steps taken; and
(4) The signature, full name and title of the
utility employee who supervised the preparation of the report.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss and moved by #8311, eff
3-25-05 (from Puc 609.11); ss by #10407, eff
9-10-13
Puc 609.11 E-18
Report of Interruptions of Service Over 30 Minutes Duration.
(a) Each utility shall file Form E-18 on a
monthly basis summarizing interruptions to service of over 30 minutes duration,
if any occur.
(b) A utility shall include on form E-18 a
caption identifying the report as “E-18 Report of Interruptions of Service Over
30 Minutes Duration” and the following:
(1) The name of the company and the month
reported;
(2) The date, time and duration of interruption;
(3) The location and number of customers
affected;
(4) The cause of the interruption; and
(5) The signature, full name and title of the
utility employee who supervised the preparation of the report.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss and moved by #8311, eff
3-25-05 (from Puc 609.12); ss by #10407, eff
9-10-13
Puc 609.12 E-22
- Report of Proposed Expenditures for Additions, Extensions and Capital
Improvements to Fixed Capital.
(a)
Except as provided in (i) below, each utility
shall file an annual report of proposed expenditures for addition, extensions
and capital improvements to fixed capital on or before May 15 of each year.
(b)
The report shall include a caption identifying the report as “E-22
Report of Proposed Expenditures for Additions, Extensions and Capital
Improvements to Fixed Capital” along with the name of the utility filing the
report.
(c)
The utility shall report the following on Form E-22 with respect to any
proposed expenditures for additions, extensions and capital improvements which
meet the conditions of (d) below:
(1) A description of the addition, extension or
capital improvement;
(2) The location of the proposed addition,
extension or capital improvement;
(3) The total estimated cost of the proposed
addition, extension or improvement by work category; and
(4) The signature, full name and title of the
utility employee who supervised the preparation of the report.
(d)
Each utility shall report to the commission when the probable cost of
any addition, extension or capital improvement to its utility plant will exceed
the reportable amounts shown in Table 6.9.1 below:
Table
6.9.1 Reportable Amounts by
|
REPORTABLE
AMOUNT |
|
|
$ 400,000 and under |
$5,000 |
400,001 to $ 1,000,000 |
10,000 |
1,000,001 to 2,000,000 |
15,000 |
2,000,001 to 3,000,000 |
22,500 |
3,000,001 to 50,000,000 |
30,000 |
50,000,001 to 100,000,000 |
50,000 |
100,000,001
and over |
100,000 |
(e)
The reportable amount shall be based on the gross fixed capital, as of
December 31st of the calendar year immediately preceding, of each core
stand-alone or satellite system with an independent source of supply.
(f)
Companies with more than $10,000,000 in fixed capital may use the next
higher reporting limit for their satellite systems.
(g)
The reporting limits shall apply to total project cost including
contributions in aid of construction.
(h)
For purposes of (d) above, reporting to the commission shall consist of:
(1) A completed E-22 form; or
(2) With written approval of the commission, a
construction budget.
(i) The commission shall accept a construction
budget in place of individual E-22 forms if the proposed budget:
(1) Highlights all projects above the utility's
reporting limit;
(2) Contains a level of detail appropriate to the
expenditures anticipated and to identification of potential project-specific
issues; and
(3) Covers a period of no longer than one year.
(j)
A utility shall file an original and duplicate copy with the commission
engineering department as follows:
(1) An individual E-22 form no fewer than 30 days
before starting actual construction or expenditure of funds; or
(2) A construction budget no fewer than 60 days
before starting actual construction or expenditure of funds.
(k)
A utility may provide an additional copy of its filing and request that it
be date-stamped and returned by the commission to confirm filing.
(l)
If the cost of a project is anticipated to fall below the applicable
reporting limit but later exceeds it, the utility shall immediately file an
E-22 form at whatever time or phase of the project it becomes apparent the
limit will be exceeded. This requirement
shall include projects listed in a construction budget but not highlighted in
accordance with (i)(1) above.
(m)
Investigation of or comment on a construction budget or E-22 by the
commission or failure of the staff to identify prudence review issues shall not
constitute a final prudence review and the commission shall not be precluded
from analyzing the merit of any expenditure in a future rate case.
(n)
If a project not included in an approved construction budget arises
which will exceed a utility's reporting limit, the utility shall file an E-22
form.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss and moved by #8311, eff
3-25-05 (from Puc 609.14); ss by #10407, eff
9-10-13
Puc
609.13 E-25 Water - Report of
Proposed Changes in Depreciation Rates.
(a) Each utility shall file Form E-25Water when
it proposes any change in depreciation rates.
(b) A utility shall include on form E-25 Water:
(1) A caption identifying the report as “E-25
Water Report of Proposed Changes in Depreciation Rates” along with the name of
the company;
(2) The date;
(3) The account number and title;
(4) The estimated life, both present and
proposed, in years;
(5) The net salvage, both present and proposed,
by percentage;
(6) The depreciation rate, both present and
proposed, by percentage;
(7) The net annual change in dollars;
(8) The reasons for the proposed changes; and
(9) The signature, full name and title of the
utility employee who supervised the preparation of the report.
(c) A utility shall not implement any change in
depreciation rates until the proposed change has been approved by the
commission.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss and moved by #8311, eff
3-25-05 (from Puc 609.15); ss by #10407,
eff 9-10-13
Puc 609.14 Electronic Filing Requirements, Annual
Report.
(a)
“Electronic filing” means the filing with the commission of an
electronic version of a document or form.
(b) Each utility shall, in addition to filing a
completed and executed “Annual Report” in paper as required by Puc 609.04, electronically file with the commission, to the
extent practicable, in an electronic file format compatible with the computer
system of the commission, a completed “Annual Report” form.
(c)
The commission shall maintain a list on its web site of the types of
electronic file formats compatible with its computer system.
(d) Any small water system as defined in Puc 602.15 shall be exempt from the requirements of this
section.
(e) Any utility may petition for a one year
waiver from the electronic filing requirement pursuant to the waiver provisions
of Puc 201.05.
(f) In its application for a waiver under (e)
above, a utility shall describe and provide evidence to demonstrate that:
(1) It does not have the computer capability to
generate electronic reports or filings due to the small size of its overall
operations or its lack of computer equipment and/or expertise;
(2) Its existing available computer systems are
not compatible with the computer systems of the commission and because of this
incompatibility it would be prohibitively expensive or cumbersome to file
electronically; or
(3) Other circumstances would make electronic
filing prohibitively expensive or cumbersome.
(g) The commission shall issue a waiver under (e)
and (f) above if it determines that the burden on the utility of electronic
filing outweighs the benefit to the administrative process.
(h) The commission shall make available to each
utility upon request an electronic version of the "Annual Report"
form when the commission has prepared and has available an electronic version.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss and moved by #8311, eff
3-25-05 (from Puc 609.16); ss by #10407,
eff 9-10-13
PART
Puc 610 SMALL
WATER UTILITIES
Puc 610.01 Purpose. The purpose of Puc
610 is to provide an expedited rate making mechanism for small water
distribution systems to:
(a) Ensure safe and adequate service to customers
that might be threatened from time to time by severe revenue erosion caused by
unexpected capital additions and state and federally mandated programs that
increase operating expenses; and
(b) Reduce rate case expenses that are currently
paid for in their entirety by customers and have at times far exceeded the
requested rate relief.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407, eff
9-10-13
Puc
610.02 Expedited Proceeding.
(a)
In the alternative to a full rate proceeding filed pursuant to Puc 1600, a small water system may request an increase in
revenues to recover the cost of any capital additions, or any operating costs
that are the result of any state or federal mandate, that result in annual
earnings, based on the small water system's fiscal year, below a generic return
on equity set pursuant to Puc 610.03, subject to the
following conditions:
(1) The small water system shall file a petition
with the commission containing the following:
a. The small water system's last established
rate base and rate of return, with a citation to the docket establishing said
rate base and rate of return;
b. The small water system's and the utility's
realized rate of return established from its last filed annual report in
combination with any increased or decreased costs and capital additions that
were not included in that annual report;
c. The small water system's proposed cost of
capital utilizing the generic return on equity contained in Puc
610.03 and its most recent cost of debt;
d. Copies of all invoices substantiating the
capital additions requested to be added to rate base;
e. An explanation signed under oath and
notarized of each capital addition's usefulness, necessity and purpose;
f. An explanation signed and sworn to under oath
and notarized of all increased operating costs incurred as a result of a
federal or state mandate including a specific citation to the federal or state
mandate that required the increase in costs;
g. The requested increase in revenues, and its
effect upon the average customer's annual bill; and
h. An amended tariff page reflecting the
proposed increase;
(2) The small water system shall make itself
available for an audit at the location where its books and records are kept;
(3) The small water system shall maintain its
books and records pursuant to the uniform system of accounts which is described
at Puc 607.07;
(4) Subsequent to the filing, the small water
system shall provide notice to all of its customers, all municipalities in
which those customers are served and the office of the consumer advocate by
first class mail of:
a. The requested rate increase;
b. The rate impact on the average customer's
annual bill;
c. The capital additions and the federal or
state mandates that necessitated the need for rate relief; and
d. The customers' right to participate in the
review of the requested rate increase;
(5) A copy of the notice required in (4), along
with an affidavit of mailing, shall be filed with the commission within 15 days
of the acceptance of the petition as referred to in (b) below.
(b)
Failure to comply with any of the provisions and requirements set forth
in (a) shall result in the immediate rejection of the petition if the utility
has failed to respond to any notice issued by the commission required by RSA
541-A:29,I.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407, eff
9-10-13
Puc 610.03 Generic
Return on Equity.
(a) At least once during any 12 month period
following the adoption of these rules the commission shall establish a generic
return to be applied to the equity invested in the small water system using the
discounted cash flow methodology.
(b) For the purposes of this section the
commission shall assume that the DCF model is based on the concept that
stockholders value a share of stock at the present value of the expected cash
flow from that share of stock, and that cash flow will grow at the same rate
from the present to perpetuity.
(c) For the purposes of this section the sample
of companies used in computing k shall consist of non-California water
utilities listed in the most current issue of Value Line Investment Survey or other recognized financial source that
have consistent data for at least a 10 year period of time.
(d) For the purposes of this section cash flow
shall be measured using both dividends and earnings, with a 3:1 weighting of
dividends to earnings, reflecting the view that investors discount that which
they receive, but are also concerned with the source of the cash flow.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407, eff
9-10-13
Puc 610.04 Eligibility. A small water system shall not be eligible
for rate relief pursuant to this section within 2 years after the issuance of a
final order under Puc 610 or Puc
1600.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407, eff
9-10-13
Puc 610.05 Rate
Design.
(a) There shall be no change to a small water
system's allocation of revenue responsibility between classes of customers as
part of a proceeding brought before the commission pursuant to this section.
(b) Changes to revenue allocations shall include:
(1) Changes between or among residential,
commercial, wholesale or industrial customers;
(2) Fixed charges for service regardless of the
amount of water consumed unless the system bills on an unmetered basis;
(3) Availability charges; or
(4) Any other charge that is not based on the
amount of water consumed for metered rates as a result of a rate request
pursuant to this section.
(c) Such changes shall be allowed, however, where
a small water system has installed meters since its last revenue requirement
was set by the commission at which time a volumetric charge shall be
established along with a fixed charge.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407, eff
9-10-13
Puc 610.06 Staff
Review and Recommendation.
(a) Upon the filing of a request for rate relief
pursuant to this section the commission staff shall:
(1) Verify that the small water utility has
complied with the requirements set forth in Puc
610.02 and Puc 610.03;
(2) Review all information acquired pursuant to
the requirements of Puc 610.02; and
(3) Make a
recommendation to the commissioners that the requested increase, or some
modification thereof, be approved or denied based on the criteria set forth by
these rules, RSA 378 and the opinions of the
(b) The staff shall serve a copy of the staff
recommendation on the petitioning small water utility and the office of the
consumer advocate.
(c) The petitioning small water utility shall
serve a copy of the staff recommendation upon the customers of the small water
utility and the municipalities in which those customers reside at the time the
petition is filed with the commission.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407, eff
9-10-13
Puc
610.07 Right to Challenge
Recommendation.
(a)
The small water system, the office of the consumer advocate, a customer
or other interested party may challenge the staff recommendation to approve,
modify or deny the requested rate increase by filing with the commission's
executive director, within 15 days of mailing of the staff recommendation, a
request to hold a conference with the relevant staff members to discuss the
recommendation.
(b)
Any such request shall set forth the basis of the objection to the
recommendation of the commission staff and the issues discussed at any such
meeting shall be limited to those issues raised in the request.
(c)
The conference referred to in (a) above shall:
(1) Occur within 25 days of the mailing of the
staff recommendation; and
(2) If agreed to by the challenging party and the
commission staff, be conducted by telephone conference.
(d)
If staff, the small water system, the office of the consumer advocate,
or any other interested party resolve any disagreement regarding staff's
original recommendation they shall so notify the commission in writing.
(e)
If staff, the small water utility, the office of the consumer advocate,
or any other interested party are unable to resolve their differences and they
wish to express their position to the commission, they shall present their
positions to the commission by filing a written statement with the executive
director within 15 days of the conference with staff.
(f)
If staff or any party wishes to respond to the statements filed pursuant
to section (e), they shall do so by filing a written response with the
executive director within 25 days of the conference referred to in (c) above.
(g)
Copies of all documents filed with the commission pursuant to this
section shall be served upon all of the small water system customers, the
office of the consumer advocate, the small water system or any other party that
has participated in the proceeding.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407, eff
9-10-13
Puc
610.08 Commission Decision.
(a)
After review and consideration of the staff recommendation and any
position statements and responses thereto filed by the parties or the staff,
the commission shall:
(1) Issue an order nisi approving a rate increase,
if the commission finds the rate increase just and reasonable pursuant to the
standards set forth in RSA 378 and by the New Hampshire supreme court, and the
request is related to a matter under the commission’s jurisdiction as set forth
in this chapter;
(2) Issue an order denying the rate increase, if
the commission finds the requested rate increase to be unjust and unreasonable
pursuant to the standards set forth in RSA 378 and by the New Hampshire supreme
court, or the request is outside the ambit of these rules; or
(3) Issue an order initiating a full rate
proceeding pursuant to RSA 378:7 and Puc 1600 should
the commission believe the utility is over-earning, or under-earning to a
degree that threatens safe and adequate service to customers.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407, eff
9-10-13
Puc 610.09 Service
and Publication of Order.
(a) A copy of the order nisi granting the small
water utility any increase in revenues shall be served by the utility upon each
of the utility's customers via first class mail and the municipalities in which
the rate increase shall take effect.
(b) The small water utility shall also publish an
attested copy of the order nisi in a newspaper having general circulation
distributed in that part of the state in which the rate increase shall take
effect.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407, eff
9-10-13
Puc 610.10 Procedural
Expenses.
(a) A small water utility seeking rate relief
pursuant to this section may recover the following expenses:
(1) All administrative costs, including, but not limited
to:
a. Postage costs;
b. Publication costs;
c. Photocopying expenses; and
d. Transcription costs; and
(2) One of the following 2 expense categories:
a. The fees of one professional, such as, an accountant,
economist, engineer or attorney provided they are prudently incurred and just
and reasonable; or
b.
All mileage and hourly fees of utility employees used to prosecute a
rate proceeding pursuant to this section.
Source. (See Revision Note at Chapter heading Puc 600) #6475, eff 3-25-97; ss by #8311, eff 3-25-05; ss by #10407, eff
9-10-13
Appendix
Rule |
|
|
|
Puc 601.01 - 602.18 |
RSA 365:8, XII |
Puc 603.01 |
RSA 365:8, XII;
378:3 |
Puc 603.02 - 603.05 |
RSA 365:8, XII;
370:1-3; 374:3 |
Puc 604.01 - 604.08 |
RSA 365:8, XII;
374:3 |
Puc 605.01 - 605.06 |
RSA 365:8, XII;
370:1-8 |
Puc 605.07 |
RSA 365:8, XII;
374:48-56 |
Puc 606.01 - 606.05 |
RSA 365:8, XII;
374:3, 15 |
Puc 607.01 - 607.08 |
RSA 365:8, XII;
374:3, 5 and 15 |
Puc 608.01 - 608.05 |
RSA 365:8, XII;
374:3, 4 and 37-39 |
Puc 609.01 - 609.02 |
RSA 365:8, XII;
374:15 |
Puc 609.03 |
RSA 365:8, XII;
369:1, 3 |
Puc 609.04 - 609.05 |
RSA 365:8, XII;
374:15 |
Puc 609.06 |
RSA 365:8, XII;
374:37-39 |
Puc 609.07 - 609.09 |
RSA 365:8, XII;
370:2-5 |
Puc 609.10 - 609.15 |
RSA 365:8, XII;
374:3, 15 |
Puc 610.01 - 610.10 |
RSA 365:8, XII;
374:3, 15; 378:3 |