SB 404-FN - AS INTRODUCED
2000 SESSION
SENATE BILL 404-FN
AN ACT relative to costs in utility proceedings.
SPONSORS: Sen. D'Allesandro, Dist 20
COMMITTEE: Executive Departments and Administration
This bill permits municipalities to recover costs associated with utility proceedings before the public utilities commission.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2615
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to costs in utility proceedings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Public Utilities; Complaints To, and Proceedings Before, The Commission; Reparations, Fees, and Costs; Proceeding Costs; Municipalities. Amend RSA 365:38-a to read as follows:
365:38-a Proceeding Costs. The commission may allow recovery of costs associated with utility proceedings before the commission, provided that recovery of costs for utilities and other parties shall be just and reasonable and in the public interest. For purposes of this section, other parties shall be defined as retail customers that are subject to the rates of the utility and who demonstrate financial hardship[; other parties shall not include], except that New Hampshire municipalities shall not be required to demonstrate financial hardship. Recovery by other parties shall be deemed to be in the public interest when, in any commission proceeding, the other party substantially contributes to the adoption by the commission, in whole or in part, of a position advocated by the other party in that proceeding, or in a judicial review of that proceeding. An other party shall not recover more than $10,000 from any utility for any single proceeding, except that recovery by New Hampshire municipalities may exceed $10,000 for a single proceeding if the commission determines that a greater recovery is just, reasonable, and in the public interest. The commission may allow recovery of less than $10,000 depending upon the scope of the proceeding. The utility shall pay the other party an award of costs if such award is granted by the commission in accordance with the procedures and requirements of the commission and the award is subsequently approved by the governor and council. The utility shall not be liable for any award of costs except in accordance with the procedures and requirements of the commission. If the commission proceeding involves more than one utility, the liability of each utility for the award shall be determined by dividing the amount of the award among the utilities in a manner approved by the commission. If an award of costs is granted in a proceeding involving a change in a utility's rates, the entire amount of the award shall be recovered by the utility in that proceeding. If an award of costs is granted in a proceeding other than one involving a change in a utility's rates, the entire amount of the award shall be immediately recovered by the utility through measures approved on a timely basis by the commission.
2 Effective Date. This act shall take effect January 1, 2001.
LBAO
00-2615
12/15/99
SB 404-FN - FISCAL NOTE
AN ACT relative to costs in utility proceedings.
FISCAL IMPACT:
The Public Utilities Commission has stated this bill may increase state, county and local expenditures by an indeterminable amount in FY 2001 and each year thereafter. There will be no fiscal impact on state, county and local revenue.
METHODOLOGY:
The Commission has indicated to the extent governmental entities are utility customers, the possibility exists that a utility may pass on through rates, the costs of participation by municipalities in excess of $10,000 for a single proceeding. An award of costs depends on a number of factors that are impossible to predict, therefor, it is not possible to estimate the fiscal impact.