New Hampshire Revised Statutes 162-H:8-a – Application and Filing Fees
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I. Except as provided in paragraph IV, a person filing with the committee an application for a certificate for an energy facility, a petition for jurisdiction, a request for exemption, or any other petition or request for the committee to take action, shall pay to the committee at the time of filing a fee determined in accordance with the fee schedule described in paragraph II. If an application for a certificate for an energy facility is deemed incomplete pursuant to N.H. Rev. Stat. § 162-H:7, VI, and a new application is submitted thereunder, the unused portion of the initial application fee shall be refunded to the applicant or credited to the filing of the new application. The committee may in its discretion provide for a credit or refund in other circumstances that are unforeseen by the applicant.
II. The fees under paragraph I shall be determined in accordance with a fee schedule posted by the committee on its website, which shall include the following amounts, subject to subsequent modification under paragraph III:
(a) Application fee for electric generation facilities: $60,000 base charge, and $20,000 for a certificate monitoring and compliance charge, plus:
(1) $1,200 per megawatt for the first 40 megawatts, and $1,800 per megawatt for each megawatt in excess of 40 megawatts, for any wind energy system.
(2) $120 per megawatt, for any natural gas or biomass fueled facility.
(3) $180 per megawatt, for any coal or oil fueled facility.
(4) $240 per megawatt, for any nuclear generation facility.
(5) $1,200 per megawatt, for renewable energy generation facilities.
(b) Application fee for transmission facilities: $60,000 base charge, and $20,000 for a certificate monitoring and compliance charge, plus:
(1) $3,600 per mile, for any electric transmission facility.
(2) $1,800 per mile, for any natural gas pipeline.
(c) Application fee for other energy facilities: $60,000 fee and $20,000 for a certificate monitoring and compliance charge.
(d) Filing fees for administrative proceedings:
(1) Petition for committee jurisdiction: $12,600.
(2) Petition for declaratory ruling: $12,600, or $3,600 if heard by a 3-member subcommittee.
(3) Certificate transfer of ownership: $12,600, or $3,600 if heard by a 3-member subcommittee.
(4) Request for exemption: $12,600, or $3,600 if heard by a 3-member subcommittee.
(5) Request to modify a certificate: $12,600, or $3,600 if heard by a 3-member subcommittee.
II-a. All certificate monitoring and compliance charges shall be deposited in the site evaluation committee fund established in N.H. Rev. Stat. § 162-H:21 and shall be nonlapsing and accounted for as a separate line item.
III. The committee shall review and evaluate the application fees and filing fees in the fee schedule in paragraph II at least once each year. The committee may increase or decrease any amount in the fee schedule by up to 20 percent provided that any such increase or decrease shall occur not more frequently than once during any 12-month period. Modifications to the fee schedule shall be posted on the committee website, with a link prominently displayed on the home page.
IV. Notwithstanding paragraph I, a petition for committee jurisdiction filed by a petitioner as defined in N.H. Rev. Stat. § 162-H:2, XI(a), (b), or (c) for a certificate for an energy facility shall not be subject to a filing fee. If the committee determines that it has jurisdiction over a proposed energy facility subject to any such petition, then the owner of the proposed energy facility shall be required to pay to the committee the petition for jurisdiction fee, in addition to the application fee determined in accordance with paragraph II for the type and size of the proposed energy facility.
II. The fees under paragraph I shall be determined in accordance with a fee schedule posted by the committee on its website, which shall include the following amounts, subject to subsequent modification under paragraph III:
Terms Used In New Hampshire Revised Statutes 162-H:8-a
- Committee jurisdiction: The subjects and functions assigned to a committee by rule, resolution, precedent, or practice, including legislative matters, oversight and investigations, and nominations of executive officers.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
(a) Application fee for electric generation facilities: $60,000 base charge, and $20,000 for a certificate monitoring and compliance charge, plus:
(1) $1,200 per megawatt for the first 40 megawatts, and $1,800 per megawatt for each megawatt in excess of 40 megawatts, for any wind energy system.
(2) $120 per megawatt, for any natural gas or biomass fueled facility.
(3) $180 per megawatt, for any coal or oil fueled facility.
(4) $240 per megawatt, for any nuclear generation facility.
(5) $1,200 per megawatt, for renewable energy generation facilities.
(b) Application fee for transmission facilities: $60,000 base charge, and $20,000 for a certificate monitoring and compliance charge, plus:
(1) $3,600 per mile, for any electric transmission facility.
(2) $1,800 per mile, for any natural gas pipeline.
(c) Application fee for other energy facilities: $60,000 fee and $20,000 for a certificate monitoring and compliance charge.
(d) Filing fees for administrative proceedings:
(1) Petition for committee jurisdiction: $12,600.
(2) Petition for declaratory ruling: $12,600, or $3,600 if heard by a 3-member subcommittee.
(3) Certificate transfer of ownership: $12,600, or $3,600 if heard by a 3-member subcommittee.
(4) Request for exemption: $12,600, or $3,600 if heard by a 3-member subcommittee.
(5) Request to modify a certificate: $12,600, or $3,600 if heard by a 3-member subcommittee.
II-a. All certificate monitoring and compliance charges shall be deposited in the site evaluation committee fund established in N.H. Rev. Stat. § 162-H:21 and shall be nonlapsing and accounted for as a separate line item.
III. The committee shall review and evaluate the application fees and filing fees in the fee schedule in paragraph II at least once each year. The committee may increase or decrease any amount in the fee schedule by up to 20 percent provided that any such increase or decrease shall occur not more frequently than once during any 12-month period. Modifications to the fee schedule shall be posted on the committee website, with a link prominently displayed on the home page.
IV. Notwithstanding paragraph I, a petition for committee jurisdiction filed by a petitioner as defined in N.H. Rev. Stat. § 162-H:2, XI(a), (b), or (c) for a certificate for an energy facility shall not be subject to a filing fee. If the committee determines that it has jurisdiction over a proposed energy facility subject to any such petition, then the owner of the proposed energy facility shall be required to pay to the committee the petition for jurisdiction fee, in addition to the application fee determined in accordance with paragraph II for the type and size of the proposed energy facility.