Joint Legislative Committee on Administrative Rules


Action Minutes


OCTOBER 6, 2005



Members Present: Representatives Patten, Allan, Wall, Carson*, Millham*, and Pilotte*, and Senators Flanders and Clark. (*) Indicates alternate member.


(**)  Part 1, Article 28-a at the N.H. Constitution was not an issue in the Committee’s discussions or decisions in this meeting.


1.  The meeting was convened at 9:03 a.m. by Rep. Patten as Vice-Chair.


     Members present at this time, aside from Rep. Patten, were Reps. Allan, Carson, Millham, and Pilotte, and Sens. Flanders and Clark.


2.  The Committee discussed the minutes of the continued Committee meeting on September 29, 2005.


     Rep. Allan moved that the Committee approve the minutes, with an amendment to the second line on Item 11 on page 3, so that the reference is changed from: “Final Proposal 2005-44” to “Final Proposal 2005-45”.


     Sen. Flanders seconded.


     Rep. Patten appointed Rep. Pilotte, Rep. Millham, and Rep. Carson as alternates, respectively, for Rep. Taylor, Rep. Bicknell, and Sen. Letourneau, who were absent.


     The motion to approve the minutes with amendment was adopted.


3.  The Committee discussed the response of the Public Utilities Commission to the Committee’s preliminary objection to Final Proposal 2005-97 (Rules for Electric Service).


     Rep. Wall arrived in the meeting as the discussion on this item began.


     The following members of the public testified:


     Ann Guillemette of Bedford, N.H., representing the Bedford Electrical Advisory Committee.


     J.Talley Guill of Bedford, N.H.


     Thomas Franco of Bedford, N.H.


     Karen Mackey, representing Public Service Company of N.H.


Brian Lamy of Bedford, N.H. had submitted written testimony but was not present to speak.


     Sen. Clark left the meeting during the discussion of this item.


     Suzanne Amidon and Donald Kreis testified for the Commission.


     Rep. Allan moved that the Committee accept the response and approve the rules.


     Sen. Flanders seconded.




4.    The Committee discussed the scheduling of the regular Committee meeting in November and an additional continued meeting in October.


It was the consensus of the Committee to keep the regular Committee meeting in November on November 17, 2005 and schedule a continued Committee meeting on October 27, 2005.


5.    The Committee discussed fiscal impact statements and expired rules, agency operation under expired rules, rulemaking authority, procedures for public complaints to agencies, public rights in RSA 541-A, notice of public rulemaking hearings, and descriptions of forms in rules.


     During the discussion, Sen. Clark returned to the meeting, and Sen. Flanders and Rep. Carson left.


     The following persons testified:


              Trudy Mott-Smith, representing the Department of Administrative Services.


              Thomas Kehr, representing the Department of Administrative Services.


              Lisabritt Solsky, representing the Department of Health and Human Services.


              Michele Beasley, representing the Department of Health and Human Services.


      Rep. Wall and Rep. Millham left the meeting as the discussion ended.


6.    The Committee adjourned at 12:40 p.m.