New Hampshire Revised Statutes 374-A:6 – Regulation of Domestic Electric Utilities
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I. (a) Notwithstanding the exception for municipal corporations operating within their corporate limits provided in N.H. Rev. Stat. § 362:2, any municipal utility which acquires or is acquiring or has any interest in an electric power facility located within its corporate limits or elsewhere shall, with respect to such facility so long as it retains such interest therein, be considered a “public utility” for all purposes of N.H. Rev. Stat. Title XXXIV and a corporation to which the provisions of N.H. Rev. Stat. § 231:159-182 shall be applicable, provided that N.H. Rev. Stat. § 231:159-182 to the extent not now applicable to a municipal utility shall be applicable to such a utility only with respect to those facilities constituting electric power facilities; provided, however, that nothing in this section shall be deemed to affect either such municipal utility’s exemption from public utility status while operating within its corporate limits or such municipal utility’s status as a public utility while operating outside its corporate limits, except in either case with respect to its interest in such facility; and provided, further, that the following requirements of N.H. Rev. Stat. Title XXXIV shall be applicable only to the extent, if any, hereinafter specified:
(1) The provisions of RSA 359-T, 367, 368, 372, 373, 376, 377, 379, 380, 381, and 382 and all sections in N.H. Rev. Stat. Title XXXIV relating solely to public utilities other than electric utilities shall not apply to any such municipal utility;
(2) The provisions of N.H. Rev. Stat. Chapter 363-A and 364 and the provisions of N.H. Rev. Stat. § 366:8, 369:8, 369:14-16, 374:12, and 374:32 shall not apply to any such municipal utility;
(3) The provisions of N.H. Rev. Stat. Chapter 371 shall be applicable to a municipal utility only with respect to those facilities constituting electric power facilities; and
(4) The provisions of N.H. Rev. Stat. Chapter 378 shall apply only to rates, prices and charges made by any such municipal utility for sales of electricity other than to the ultimate consumer thereof.
(b) In construing all sections of N.H. Rev. Stat. Title XXXIV where reference is made to officers or directors of a public utility, such provisions shall, where applicable to any municipal utility by virtue of the provisions of subparagraph (a), be deemed to include the municipal officers or members of the board of commissioners in whom the management of such municipal utility is vested.
(c) Notwithstanding any other provision of law, any municipal charter, or any ordinance or bylaw adopted thereunder, competitive bidding shall not be required in connection with the purchase of equipment, supplies or materials required for the construction or operation of electric power facilities. Any provision of any law, municipal charter, ordinance or bylaw relating to contracts awarded by municipalities or municipal utilities for construction, reconstruction, alteration, remodeling, repair, demolition, equipment, supplies or materials shall not be applicable to contracts related to electric power facilities wherever the utility or utilities having primary responsibility for the construction or operation of the facility are not municipal utilities.
II. Legislative consent is hereby given to the application to any domestic electric utility which is acting without the state, pursuant to authority granted in this chapter, of regulatory and other laws of other states and of the United States.
III. In addition to ownership, sole or joint in electric power facilities, the commission shall include in the rate base of a domestic electric utility any investments, including securities, prepayments or other investments, acquired by it in connection with its participation in an electric power facility within or without the state.
(1) The provisions of RSA 359-T, 367, 368, 372, 373, 376, 377, 379, 380, 381, and 382 and all sections in N.H. Rev. Stat. Title XXXIV relating solely to public utilities other than electric utilities shall not apply to any such municipal utility;
Terms Used In New Hampshire Revised Statutes 374-A:6
- bylaw: when used in reference to legislative action taken by a city, town, county or village district shall have the same meaning as an ordinance and shall be subject to the same procedures for enactment. See New Hampshire Revised Statutes 21:45
- commission: as used in this title , means the public utilities commission. See New Hampshire Revised Statutes 362:1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
(2) The provisions of N.H. Rev. Stat. Chapter 363-A and 364 and the provisions of N.H. Rev. Stat. § 366:8, 369:8, 369:14-16, 374:12, and 374:32 shall not apply to any such municipal utility;
(3) The provisions of N.H. Rev. Stat. Chapter 371 shall be applicable to a municipal utility only with respect to those facilities constituting electric power facilities; and
(4) The provisions of N.H. Rev. Stat. Chapter 378 shall apply only to rates, prices and charges made by any such municipal utility for sales of electricity other than to the ultimate consumer thereof.
(b) In construing all sections of N.H. Rev. Stat. Title XXXIV where reference is made to officers or directors of a public utility, such provisions shall, where applicable to any municipal utility by virtue of the provisions of subparagraph (a), be deemed to include the municipal officers or members of the board of commissioners in whom the management of such municipal utility is vested.
(c) Notwithstanding any other provision of law, any municipal charter, or any ordinance or bylaw adopted thereunder, competitive bidding shall not be required in connection with the purchase of equipment, supplies or materials required for the construction or operation of electric power facilities. Any provision of any law, municipal charter, ordinance or bylaw relating to contracts awarded by municipalities or municipal utilities for construction, reconstruction, alteration, remodeling, repair, demolition, equipment, supplies or materials shall not be applicable to contracts related to electric power facilities wherever the utility or utilities having primary responsibility for the construction or operation of the facility are not municipal utilities.
II. Legislative consent is hereby given to the application to any domestic electric utility which is acting without the state, pursuant to authority granted in this chapter, of regulatory and other laws of other states and of the United States.
III. In addition to ownership, sole or joint in electric power facilities, the commission shall include in the rate base of a domestic electric utility any investments, including securities, prepayments or other investments, acquired by it in connection with its participation in an electric power facility within or without the state.