New Hampshire Revised Statutes 374-F:7 – Competitive Electricity Supplier Requirements
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I. Competitive energy suppliers are not public utilities pursuant to N.H. Rev. Stat. § 362:2, though a competitive energy supplier may seek public utility status from the department if it so chooses. Notwithstanding a competitive energy supplier’s non-utility status, the department is authorized to establish requirements, excluding price regulation, for competitive electricity suppliers, including registration, registration fees, customer information, disclosure, standards of conduct, and consumer protection and assistance requirements. Unless electing to do so, an electricity supplier that offers or sells at retail to consumers within this state products and services that can lawfully be made available to such consumers by more than one supplier shall not, because of such offers or sales, be deemed to be a public utility as defined by N.H. Rev. Stat. § 362:2. These requirements shall be applied in a manner consistent with the restructuring principles of this chapter to promote competition among electricity suppliers.
II. Aggregators of electricity load that do not take ownership of power or other services and do not represent any supplier interest are not public utilities pursuant to N.H. Rev. Stat. § 362:2, but shall notify the department of their intent to do business. Municipalities that aggregate electric power or energy services for their citizens pursuant to N.H. Rev. Stat. Chapter 53-E are not public utilities pursuant to N.H. Rev. Stat. § 362:2 and are not subject to the provisions of paragraph III and N.H. Rev. Stat. § 374-F:4-b.
III. The department may investigate and petition the commission to assess fines against, revoke the registration of, order the rescission of contracts with residential customers of, order restitution to the residential customers of, and prohibit from doing business in the state any competitive electricity supplier, including any aggregator or broker, which is found to have:
(a) Engaged in any unfair or deceptive acts or practices in the marketing, sale, or solicitation of electricity supply or related services;
(b) Violated the requirements of this section or any other provision of this title applicable to competitive electricity suppliers; or
(c) Violated any rule adopted by the department pursuant to paragraph V and N.H. Rev. Stat. § 374-F:4-b.
IV. As a condition of operation, for a 2-year interim period from the date that competition is implemented in one or more areas of the state, competitive energy suppliers and load aggregators shall submit to the jurisdiction of the commission for mediation and resolution of disputes between customers and competitive energy suppliers or aggregators. Municipalities that aggregate electric power or energy service for their citizens pursuant to N.H. Rev. Stat. Chapter 53-E are not subject to this paragraph.
V. The department shall adopt rules, under RSA 541-A, to implement this section. Where the department has adopted rules in conformity with this section, complaints to and proceedings before the commission shall not be subject to N.H. Rev. Stat. § 541-A:29 or N.H. Rev. Stat. § 541-A:29-a.
II. Aggregators of electricity load that do not take ownership of power or other services and do not represent any supplier interest are not public utilities pursuant to N.H. Rev. Stat. § 362:2, but shall notify the department of their intent to do business. Municipalities that aggregate electric power or energy services for their citizens pursuant to N.H. Rev. Stat. Chapter 53-E are not public utilities pursuant to N.H. Rev. Stat. § 362:2 and are not subject to the provisions of paragraph III and N.H. Rev. Stat. § 374-F:4-b.
Terms Used In New Hampshire Revised Statutes 374-F:7
- commission: as used in this title , means the public utilities commission. See New Hampshire Revised Statutes 362:1
- 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.
- 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
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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
III. The department may investigate and petition the commission to assess fines against, revoke the registration of, order the rescission of contracts with residential customers of, order restitution to the residential customers of, and prohibit from doing business in the state any competitive electricity supplier, including any aggregator or broker, which is found to have:
(a) Engaged in any unfair or deceptive acts or practices in the marketing, sale, or solicitation of electricity supply or related services;
(b) Violated the requirements of this section or any other provision of this title applicable to competitive electricity suppliers; or
(c) Violated any rule adopted by the department pursuant to paragraph V and N.H. Rev. Stat. § 374-F:4-b.
IV. As a condition of operation, for a 2-year interim period from the date that competition is implemented in one or more areas of the state, competitive energy suppliers and load aggregators shall submit to the jurisdiction of the commission for mediation and resolution of disputes between customers and competitive energy suppliers or aggregators. Municipalities that aggregate electric power or energy service for their citizens pursuant to N.H. Rev. Stat. Chapter 53-E are not subject to this paragraph.
V. The department shall adopt rules, under RSA 541-A, to implement this section. Where the department has adopted rules in conformity with this section, complaints to and proceedings before the commission shall not be subject to N.H. Rev. Stat. § 541-A:29 or N.H. Rev. Stat. § 541-A:29-a.