CHAPTER Puc
100 ORGANIZATIONAL RULES
REVISION NOTE:
Document
#6470, effective 3-18-97, made changes to the wording, format, and numbering of
rules in Chapter Puc 100. Former Part Puc 101
governing definitions has been amended and renumbered as Part Puc 102. Former Part
Puc 102 governing the description of the agency has
been amended and renumbered as Part Puc 103. Part Puc 101 and
Part Puc 104 are new rules adopted by Document #6470.
Document
#6470 supersedes all prior filings for the sections in this chapter. The prior filings for former Chapter Puc 100 include the following documents:
#2011,
eff 5-4-82
#2173,
eff 11-11-82
#2912,
eff 11-26-84
#4997,
eff 11-26-90
#6365,
INTERIM, eff 11-18-96
PART
Puc 101
APPLICABILITY
Puc
101.01 Applicability. This chapter shall apply to the conduct of
all commission business in furtherance of the agency’s statutory
responsibilities.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
PART
Puc 102
DEFINITIONS
Puc
102.01 “Adjudicative proceeding” means a
proceeding conducted pursuant to the procedure followed in contested cases, as
set forth in RSA 541-A:31 through RSA 541-A:36 and the rules of the commission.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
Puc
102.02 “Commission” means the public
utilities commission of the State of
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
Puc
102.03 “Complaint” means a writing filed
with the commission pursuant to RSA 365:1 which claims a public utility has
acted or failed to act in violation of any law, rule, regulation, or order
administered or promulgated by the commission.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
Puc
102.04 “Contested case” means a
proceeding in which the legal rights, duties, or privileges of a party are
required by law to be determined by the commission after an opportunity for
hearing.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
Puc
102.05 “Customer” means any person,
firm, corporation, cooperative marketing association, tenant, governmental
unit, or subdivision of a municipality or of the state of New Hampshire who has
contracted for electric, gas, sewer, steam, telephone, or water service from a
utility.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
Puc
102.06 “Document” means any paper or
electronic record, including but not limited to any application, complaint,
petition, motion, prepared testimony, data request, data response, exhibit,
brief, written communication or correspondence.
With respect to an electronic record, “document” does not include
information that would not appear if the document were printed in paper form.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
Puc
102.07 “Hearing” means a properly
noticed session held in a contested case before the commission or its designee
which provides for opportunity for any party, intervenor or commission staff to
present evidence and conduct cross-examination.
“Hearing” also includes any pre-hearing conferences conducted pursuant
to Puc 203.14.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff
3-18-97; ss by #8656, eff 6-10-06
Puc
102.08 “Motion” means a request made to
the commission or the presiding officer after the commencement of a contested
proceeding for an order or ruling directing some act to be done in favor of the
party making the motion, including a statement of justification or reasons for
the request.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
Puc
102.09 “Order” means the whole or part
of the commission's disposition of a matter, other than a rule, but does not
include a commission decision to initiate, postpone, investigate or process any
matter.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
Puc
102.10 “Party” means “party” as defined
by RSA 541-A:1, XII, namely, “each person or agency named or admitted as a
party, or properly seeking and entitled as a right to be admitted as a party.”
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
Puc
102.11 “Person” means any individual,
partnership, corporation, association, governmental subdivision, or public or
private organization of any character which appears before the commission for
any purpose.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
Puc
102.12 “Petition” means the initial
pleading filed with the commission to commence a proceeding for the purpose of
seeking commission action pursuant to Puc 202.01(a).
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
Puc
102.13 “Prehearing conference” means a
properly noticed session in contested cases which provides the opportunity,
pursuant to RSA 541-A:31, V, to consider requests for intervention, offers of
settlement, simplification of the issues, stipulations or admissions as to
issues of fact or proof, limitations on the number of witnesses, changes to
standard procedures during the hearing, or other matters which aid in the disposition
of the proceeding.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
Puc
102.14 “Prehearing order” means the
commission’s written decision addressing procedural issues raised in a
prehearing conference.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
Puc
102.15 “Presiding officer” means the
chairman of the commission except as provided in Puc
203.14(b)(c).
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
Puc
102.16 “Proceeding” means a docketed
case commenced by the commission.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-9; ss by #8656, eff 6-10-06
Puc
102.17 “Public statement hearing” means
a meeting of the commission convened in an adjudicative proceeding for the sole
purpose of receiving public comment that will not be entered into evidence.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
Puc
102.18 “Respondent” means any party
subject to the commission’s jurisdiction to whom the commission issues notice
instituting a proceeding, or investigation or inquiry of the commission, or any
party in interest or person ordered before any pending proceeding of the
commission.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
Puc
102.19 “Routine filings” means documents
submitted, on a recurrent basis, by a utility to the commission, and as
specified in Puc 200.
Source. #9897, INTERIM, eff 3-26-11, EXPIRED: 9-22-11
New. #10101,
eff 3-24-12
Puc
102.20 “Rulemaking” means the process
for adopting rules as provided for in RSA 541-A:3 and other relevant provisions
of RSA 541-A.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06; renumbered by #9897, (from Puc
102.19)
Puc
102.21 “Staff” means the employees of
the commission other than the commissioners.
Source. #8656,
eff 6-10-06; renumbered by #9897, (from Puc 102.20)
Puc
102.22 “Technical session” means a
meeting of the parties at which information is shared on an informal basis and
at which neither the presiding officer nor any commissioners are present.
Source. #8656,
eff 6-10-06; renumbered by #9897, (from Puc 102.21)
PART Puc
103 DESCRIPTION AND CONTACT INFORMATION FOR THE COMMISSION
Puc 103.01 Commission
Functions.
(a) The commission is established to carry out
the requirements of RSA Title XXXIV relative to public utilities and their
customers and the requirements of RSA 38 relative to public utilities and
municipalities.
(b)
Pursuant to RSA 363:17-a, the commission serves as the arbiter between
the interests of the customer and the interests of regulated utilities.
(c)
Pursuant to RSA 374:3, the commission has the general supervision of all
public utilities and their facilities so far as is necessary to carry out the
requirements of RSA Title XXXIV.
(d)
Pursuant to RSA 378, the commission has the responsibility to assure
that rates charged by public utilities are just, reasonable and lawful.
(e)
Pursuant to RSA 363:27, II, the commission shall organize its staff as
it determines best achieves the commission’s statutory responsibilities.
(f)
Pursuant to RSA 363:27, III, the commission shall appoint an executive
director and a general counsel.
(g)
The staff of the commission is structured around industry-specific
divisions and includes divisions with expertise in electric, gas,
telecommunications, water and all other types of utilities as set forth in RSA
362:2.
(h) In addition to the
industry-specific divisions noted in (g), the commission includes an
administration division, a legal division, a safety division, an audit division
and a consumer affairs division.
(i) The commission is located at
(j)
The commission has regular hours from 8:00 a.m. to
The
Consumer Affairs Division
NH
Public Utilities Commission
(l)
The safety division may be contacted directly by telephone at
888-397-5444 or 603-271-6022, by facsimile at 603-271-6048, or by written
communication addressed to the attention of:
The Safety Division
NH Public Utilities Commission
(m)
General inquiries and requests for public information pursuant to Puc 104 may be directed by telephone at 603-271-2431, by
facsimile at 603-271-3878, by e-mail to puc@puc.nh.gov,
or by written communication addressed to the attention of:
Executive Director
NH Public Utilities Commission
(n)
The web site of the commission is www.puc.nh.gov.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06
PART
Puc 104
REQUESTS FOR PUBLIC INFORMATION
Puc 104.01 Public Access to Information.
(a)
To the extent required or permitted by RSA 91-A, the commission shall
permit members of the public to examine and copy public records.
(b)
Members of the public may make a request to examine records by
contacting the executive director pursuant to Puc
103.01(m).
(c)
The commission shall permit examination and copying of public records,
as follows:
(1) On the commission premises;
(2) During commission business hours; and
(3) Within the time-frames set forth in RSA 91-A.
(d)
Any person who seeks to examine or copy public records shall describe
the information requested sufficiently in detail to allow the commission to
identify the records requested.
(e)
This section shall not require the release by the commission of
information determined, pursuant to RSA 91-A:5 or RSA 363:17-c to be:
(1) Confidential; or
(2) Otherwise exempt from public disclosure.
(f)
Within the time period specified by RSA 91-A:4, the commission shall
respond to such a request by:
(1) Making the record available for inspection
and copying;
(2) Denying the request in writing and stating
the reasons for denial; or
(3) Furnishing written acknowledgement of the
receipt of the request and a statement of the time reasonably necessary to
determine whether the request shall be granted or denied.
(g)
For all records submitted to the commission pursuant to Puc 201.06, the procedures established under Puc 201.07 shall govern the commission’s response to
requests for public release of such documents.
(h)
The commission shall charge for copies of public records at the actual
cost of providing the copy, pursuant to RSA 91-A:4, IV.
(i) A written denial issued under this rule shall
be treated as the final determination of the commission for purposes of appeal
to the superior court pursuant to RSA 91-A:7.
Source. (See Revision Note at chapter heading for Puc 100) #6470, eff 3-18-97; ss by #8656, eff 6-10-06; ss by #9897, INTERIM, eff 3-26-11, EXPIRED:
9-22-11
New. #10101,
eff 3-24-12
APPENDIX
RULE |
STATUTE |
|
|
Puc 101.01 |
RSA
365:8, XII; RSA 363:17-a |
Puc 102.01-102.22 |
RSA 365:8, XII; RSA 365:8, XIV |
Puc 103.01 |
RSA
356:8, XII |
Puc 104.01 |
RSA 365:8, XII; RSA 365:8, XIV |