CHAPTER
En 900 NET METERING FOR CUSTOMER-OWNED RENEWABLE
ENERGY GENERATION RESOURCES
PART
En 901 PURPOSE AND APPLICABILITY
En 901.01 Purpose. The purpose of En 900, pursuant to the mandate
of RSA 362-A:9, is to establish processes for the implementation of net energy metering
as the public interest requires, and consistent with the legislative declaration
of purpose set forth in RSA 362-A:1.
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En 901.02 Applicability.
(a)
Where expressly noted, the provisions of En 900 shall apply only to customer-generators
subject to the standard net metering tariff or only to customer-generators subject
to the alternative net metering tariff as outlined by the commission.
(b)
Interconnection of net metering customer-generators shall be governed by
the rules established in En 1000.
(c)
Unless otherwise noted, En 900 shall be applicable to rural electric cooperatives
for which a certificate of deregulation is on file with the commission with respect
to customer-generators subject to the standard net metering tariff up to 3.16 megawatt
(MW).
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PART En 902 DEFINITIONS
En 902.01 “Affordable housing project” means any multi-family residential housing project that
is:
(1) Funded through a federal, state, or local program
requiring that the real estate remains subject to land use restriction or rental
housing affordability covenants that limit allowable rents charged to individuals
or families, consistent with workforce housing defined by RSA 674:58, IV, or as
otherwise required under the applicable federal, state, or local program;
(2) A federal low-income
housing tax credit project, as defined in Section 42 of the Internal Revenue Code
of 1986, as amended;
(3) A project funded with
federal grants made to states for low-income housing projects in lieu of low-income
housing tax credits under Section 1602 of the American Recovery and Reinvestment
Act of 2009;
(4) A limited equity cooperative,
including, but not limited to, a manufactured housing park or apartment building,
in which the majority of members are of low or moderate income;
(5) As defined in RSA 362-F:2, X-a, a public housing authority created pursuant to RSA 203; or
(6) As defined in RSA 362-F:2, X-a., a housing project
as described in RSA 78-B:2, XXIII.
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En 902.02 “Agreement” means the written agreement signed
by the host and by each group member as required by RSA 362-A:9, XIV for the purpose
of controlling energy costs of the group.
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En 902.03 “Alternative net metering tariff”
means the alternative net energy metering tariff provisions adopted by the commission
pursuant to RSA 362-A:9, XVI which tariff provisions are applicable to customer-generators
receiving a utility net metering capacity allocation on or after September 1, 2017.
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En 902.04 “Combined heat and power system” means a “combined
heat and power system” as defined in RSA 362-A:1-a, I-d.
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En 902.05 “Customer-generator” means “eligible customer-generator”
as defined in RSA 362-A:1-a, II-b. Customer-generators
also include eligible facilities under RSA 362-A:9, XX.
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En 902.06 “Customer’s own electricity requirements” means
the electricity consumed in conjunction with or to operate the facility.
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En 902.07 “Default service” means energy supply services
provided by a distribution utility which includes a rural electric cooperative for
which a certificate of deregulation is on file with the commission, but does not
include alternative default service provided by a municipal or county aggregator
pursuant to RSA 53-E.
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En 902.08 “Distribution utility” means the company that
owns or operates the distribution facilities delivering electricity to the customer-generator’s
premises, and includes a rural electric cooperative for which a certificate of deregulation
is on file with the commission.
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En 902.09 “Electric assistance program low moderate income
(EAP LMI) community solar project” means a “low-moderate income community solar
project” as defined in RSA 362-F:2, X-a, and in which projects are selected, designated,
registered, and administered pursuant to En 910.
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En 902.10 “Electric assistance program low moderate income
group host” means a customer-generator that elects to assume the duties and obligations
of RSA 362-A:9, XIV, who is, and who remains during the term of the agreement, a
customer of the same distribution utility as the group. The host has a number of responsibilities related
to registration and ongoing administration of an EAP LMI community solar project.
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En 902.11 “Electric assistance program low-moderate income
group member” means residents who have enrolled in or are on the waitlist for the
state electric assistance program and are selected by the administering utility
to be enrolled in an EAP LMI community solar project. EAP LMI participant information cannot be shared
with hosts and will be overseen by the administering utility. Selected participants do not need to take any
action to participate in a project. They
will be notified of enrollment by their utility and may opt out of a project at
any time.
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En 902.12 “Electric utility customer” as used in the definition
of “customer-generator” means any retail ratepayer of a distribution utility.
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En 902.13 “Electricity suppliers” means “electricity suppliers”
as defined in RSA 374-F:2, II.
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En 902.14 “Eligible fuel” means “eligible fuel” as defined
in RSA 362-A:1-a, II-d.
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En 902.15 “End-user customer” means any person or entity that purchases electricity supply at retail
in New Hampshire from another person or entity, with the exception of a generating
facility taking station service at wholesale from the regional markets administered
by ISO New England, Inc. or its successor independent system operator or regional
market administrator.
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En 902.16 “Facility” means the electricity generating equipment,
powered by renewable energy or that employs a heat led combined heat and power system,
interconnected with the electric distribution system through any one retail meter
or more than one retail meter, installed or to be installed in accordance with En
903.03.
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En 902.17 “Federal poverty guidelines” means the federal
poverty guidelines updated periodically in the federal register by the U.S. department
of health and human services under the authority of 42 U.S.C. §9909(2).
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En 902.18 “Generating capacity” means, for inverter-based
units, the maximum generating capacity alternating current kilowatt (kW) rating
of the inverters, and for other interconnections, the nameplate capacity kW rating
of the generating facility.
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En 902.19 “Group” means one or more members who are customers
of the same distribution utility who have signed an agreement with a host as required
pursuant to RSA 362-A:9, XIV. A group can
include a host and a member that are the same entity or person.
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En 902.20 “Heat led” means “heat led” as defined in RSA
362-A:1-a, II-e.
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En 902.21 “Host” means a customer-generator that elects
to assume the duties and obligations of RSA 362-A:9, XIV, who is, and who remains
during the term of the agreement, a customer of the same distribution utility as
the group.
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En 902.22 “Islanding” means a condition in which a portion
of the utility system that contains both load and dispersed generation is isolated
from the remainder of the utility system.
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En 902.23 “Large customer-generator” means a customer-generator
whose facility has a total maximum generating capacity greater than 100 kW alternating
current up to and including one MW, except as provided for a municipal host as defined
in RSA 362-A:1-a, II-c and En 902.27, which needs to have a total peak generating
capacity of greater than one MW and less than 5 MW.
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En 902.24 “Low-moderate income (LMI) community solar project”
means “low-moderate income community solar project,” as defined in RSA 362-F:2,
X-a.
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En 902.25 “Member” means a customer of the same distribution
utility as the host, who signs an agreement to be a member of a group under RSA
362-A:9, XIV(a), or who is enrolled in an EAP LMI project as outlined in RSA 362-A:9,
XIV(f), who remains a customer of the same distribution utility as the host during
its membership in the group, and, with the exception of a political subdivision,
as defined in RSA 362-A:1-a, II-c, or the owner of a facility described in RSA 362-A:9,
XX, who is not a customer-generator.
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En 902.26 “Monetary bill credit” means a billing
adjustment applied by the distribution utility that reduces the amount owed on
a host account that has accumulated when a host’s generation exceeds usage
during a billing cycle, consistent with net energy metering compensation
approved by the commission.
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En 902.27 “Municipal host” means “municipal host” as defined
in RSA 362-A:1-a, II-c.
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En 902.28 “Net energy metering” means “net
energy metering” as defined in RSA 362-A:1-a, III‑a.
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En 902.29 “Non-bypassable
charges” means charges assessed on the full amount of electricity imports without
any netting during the applicable billing period, including such charges as the
system benefits charge, stranded cost recovery charge, and storm recovery surcharge.
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En 902.30 “Political subdivision” means “political subdivision”
as defined in RSA 362-A:1-a, II-c.
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En 902.31 “Renewable energy” means electricity
produced by renewable resources including geothermal, tidal or wave, wind, solar,
landfill gas, hydro, biomass, bio-oil, bio-synthetic gas, and biodiesel resources.
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En 902.32 “Small customer-generator” means
a customer-generator whose facility has a total maximum generating capacity of not
more than 100 kW alternating current.
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En 902.33 “Standard net metering tariff” means the net energy
metering tariff provisions as specified in RSA 362-A:9, as applicable to customer-generators
receiving a utility net metering capacity allocation prior to September 1, 2017,
and not in excess of the net metering cap applicable prior to commission adoption
of the alternative net metering tariff.
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PART
En 903 CONDITIONS FOR PARTICIPATION IN NET
ENERGY METERING
En 903.01 General Rules, Rights, and Obligations.
(a)
Any distribution utility and any electricity supplier operating within the
state of New Hampshire shall, upon request, provide net energy metering to customer-generators
pursuant to En 900 and RSA 362-A:9.
(b)
A customer-generator seeking to net meter shall
have permission to operate and, if
applicable, an interconnection agreement from the applicable distribution
utility.
(c)
Any electricity supplier operating within New Hampshire that is not the default
service provider and municipal or county aggregators under RSA 53-E that offer net
metering shall do so pursuant to En 900, but may provide for rates and terms as
provided in RSA 362-A:9, II and En 903.02(e).
(d)
Any customer-generator who engages in net energy metering in New Hampshire
shall comply with En 900 and En 1000.
(e)
A customer-generator shall comply with:
(1) Applicable department-approved rules not in conflict
with En 900 or En 1000;
(2) Applicable commission-approved rules, tariffs,
and terms and conditions of the distribution utility not
in conflict with En 900 or En 1000;
(3) Any local, state, or federal
law, statute, rule, or regulation which applies to the design, siting, construction,
installation, operation, or any other aspect of the customer-generator’s facility
and associated interconnection; and
(4) Interconnection requirements of the distribution
utility as set forth in its tariff on file with the commission.
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En 903.02 Statutory and Other Requirements.
(a)
Electric distribution utilities shall make net energy metering available
to customer-generators, pursuant to RSA 362-A:9, En 900, and En 1000.
(b)
A large customer-generator subject to the alternative net metering tariff
shall be eligible for net energy metering only if at least 20 percent of the actual
or estimated annual electricity generation from its facility is consumed behind-the-meter,
unless it has registered as a group host pursuant to RSA 362-A:9, XIV and En 909.
(c)
Metering shall be done in accordance with RSA 362 A:9, III and shall
comply with the metering requirements of En 1000.
(d) A customer-generator shall be billed
for electricity under the same rate schedule that such customer-generator would
be billed if it had no generation.
(e)
Competitive electricity suppliers registered under RSA 374-F:7 and En 2000
and municipal or county aggregators under RSA 53-E and Puc 2200 may voluntarily
determine the terms, conditions, and prices under which they shall agree to provide
electric energy supply to, and purchase net electric energy output from, customer-generators
as outlined in RSA 362-A:9, II.
(f)
For customer-generators subject to the standard net metering tariff, on or
before June 1 of each year, each distribution utility shall provide to customer-generators
taking default service that have accumulated a surplus in excess of 600 kWh at the
end of their March billing cycle, written notice that provides:
(1) The number of accumulated surplus kWh;
(2) A statement that the customer-generator will continue
to accumulate any net surplus unless it elects one of the following 2 options:
a. Receive a bill credit equal to the economic value
of the applicable surplus; or
b. Receive payment by check of
the economic value of the surplus;
(3) The capacity in kW, if any, associated with such
surplus generation, whether actual, or estimated as applicable; and
(4) The average rate, expressed in dollars or cents
per kWh, that the energy component of such surplus will be valued at, the rate for
the capacity value of such surplus, expressed in dollars or cents per kW, and the
total economic value of such surplus, expressed in dollars and cents.
(g)
For customer-generators subject to the alternative net metering tariff, on
or before June 1 of each year, each distribution utility shall provide to customer-generators
that have accumulated monetary bill credits of $100 or more at the end of their
March billing cycle, written notice that provides:
(1) The total accumulated monetary bill credits;
(2) A statement that the customer-generator will continue
to carry forward any net monetary bill credits unless it elects to receive payment
by check; and
(3) A description of the process through which the
customer-generator may elect to receive payment by check of
the balance of such accumulated monetary bill credits, including the possible election
of quarterly payments.
(h)
Renewable energy credits associated with the customer-generator’s facility
shall remain the property of the customer-generator until such credits are sold
or transferred in accordance with RSA 362-A:9, IX.
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En 903.03 Where Multiple
Projects Are Deemed a Single Facility.
(a) As used in this section, “affiliate” means any
of the following:
(1) Any person or entity that directly or indirectly
owns, controls, or holds with power to vote a majority of the outstanding voting
securities or such minority thereof as to give such person substantial control of
another person or entity;
(2) Any person or entity that is directly or indirectly
owned, controlled, or held by any person or entity described in (a)(1) above in
this section through either power to vote a majority of the outstanding voting securities
or such a minority so as to maintain substantial control of such person or entity;
(3) Any person or entity with which another person
or entity has a management or service contract or arrangement that provides such
person or entity with effective control over the management, supervision, or operation
of the other person or entity; or
(4)
Any person or entity who or which actually exercises effective control over the
management, supervision, or operation of another person or entity.
(b) Except as otherwise provided in (d) below in
this section, projects consisting of electricity generating equipment powered by
an eligible renewable energy source or that employ a heat led combined heat and
power system, and located behind separate retail meters, shall be deemed to be one
facility for purposes of net metering eligibility if the projects are owned by the
same person or entity or an affiliate of said person or entity and are located on
the same parcel of land or adjacent and contiguous parcels of land, unless each
of the following conditions applies:
(1) Each project is located on a separate parcel of
land;
(2) The property boundaries of each parcel of land
have not been subdivided, modified, or otherwise altered within the 10 years immediately
preceding the submission of a project interconnection request to the distribution
utility;
(3) Each project is owned by a separate individual
or by a separate corporation, limited liability company, or other legal entity;
and
(4) Each project is interconnected with the utility
distribution system through a separate interconnection point and with a separate
meter in accordance with En 1000.
(c)
The restrictions set forth in (b) above in this section shall apply to 2
or more projects notwithstanding any phased approach to development or different
construction schedules for such projects.
(d) Multiple projects located on the
same or adjacent and contiguous parcels of land, when such projects are owned by
the same person or entity or an affiliate of said person or entity and are interconnected
behind separate retail electricity meters, shall be considered separate facilities
if each such project is being or has been developed:
(1) Such that not less than 50 percent of the annual
generation output is to serve the on-site load of existing or new retail electric
customers;
(2) To participate in a different electric generation
program, such as net metering, direct producer-to-consumer retail sales of electric
power, or wholesale sales of electric power;
(3) Using a solar photovoltaic system that is limited
in size to that which will fit on the roof and exterior envelope of the building
or buildings served by the retail electricity meter through which the system is
interconnected to the electric distribution system; or
(4) Using distinct and different electricity generating
technologies and equipment that can be operated independently.
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PART
En 904 COMPLAINTS AND INVESTIGATIONS
En 904.01 Complaints and Investigations.
(a)
The procedures set forth in En 200 shall be applicable to filing and resolution
of any complaint and investigation arising out of En 900.
(b)
A customer-generator, distribution utility, or any other interested person
may file with the department a complaint or request for resolution of a dispute
relating to En 900.
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PART
En 905 NOTIFYING PUBLIC OF NET ENERGY
METERING
En 905.01 Notifying Public of Net Energy Metering.
(a)
When a customer initiates an inquiry and requests information regarding net
energy metering, the distribution utility shall provide to the customer a copy of En 900 and the name and telephone number of
a contact person(s) at the utility and a description of net energy metering.
(b)
The distribution utility shall provide to each customer in a bill insert or a bill message in the customer bill a brief description of the availability of net energy metering,
which billing insert or message shall be of one paragraph or more in length.
(c)
The distribution utility shall provide the information described in (b) above
in this section on an annual basis.
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PART
En 906 UTILITY REPORTING OF NUMBER AND
SIZE OF NET-METERED FACILITIES
En 906.01 Reporting of Number and Size of Net-Metered
Facilities. Each distribution utility shall:
(a)
Track the number and size of net-metered facilities interconnected to their
distribution systems; and
(b)
Report to the department and the commission annually by April 1 of each year
for the prior year, the following information regarding net-metered facilities:
(1) The facility owner, address, and fuel type of
facilities operating;
(2) The generation output rating of the facilities
in kW;
(3) The total kWh exported by facility;
(4) Information regarding any net-metered combined
heat and power facilities; and
(5) Total compensation to customer-generators and
on-bill credit group members.
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PART
En 907 RELATIONSHIP TO OTHER DEPARTMENT
RULES
En 907.01 Relationship to Other Department Rules. Unless otherwise specified, En 900 shall not supersede
any other rule of the department, but instead shall supplement such rules.
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PART
En 908 TRANSFERABILITY
En 908.01 Transferability.
(a)
A customer-generator’s certificate to operate a net-metered facility shall
transfer to the new owner when the property with the net-metered facility is sold
or otherwise conveyed, if the new owner provides to the distribution utility in
writing:
(1) Any information that is new or different from that
provided in connection with the interconnection application as described in En 1000;
and
(2) An agreement to operate and maintain the net-metered
facility according to En 900, RSA 362-A, and other applicable requirements.
(b)
The distribution utility shall not deny a new owner acquiring a currently-registered
net-metered facility, which otherwise complies with the requirements of En 900,
the right to register, provided that the new owner complies with (a) above in
this section.
(c)
The new customer-generator owner, as described in (a) and (b) in this
section above, shall notify the distribution utility of the transfer and of the
applicable information required by the utility’s interconnection application.
(d)
A net-metered facility transferred as described
in this section shall not be deemed to have exited from
the system.
(e)
If any change or upgrade in a net-metered facility would otherwise require
new approval pursuant to En 1000, a mere transfer of ownership shall not relieve
the customer-generator from that requirement.
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PART
En 909 GROUP NET METERING FOR CUSTOMER GENERATORS
1,000 KILOWATTS OR LESS
En 909.01 Registration and Re-Registration of Hosts.
(a)
To register as a host, a customer-generator shall provide the department
with a completed “Application to Register, Re-register, or Modify a Host
Registration, for Group Net Metering,” dated 4/2026 available
at the department’s website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering and
provide a copy to the host’s distribution utility.
(b)
No customer-generator shall begin acting as a host until it has received
a registration number from the department.
(c)
Within 90 days of receipt of a complete host registration application form,
the department shall either issue the host a registration number or deny the application.
(d)
Re-registration shall be required if:
(1) A registered host fails to comply with the annual
report requirements of En 909.07 and En 909.09(k) and the host’s registration has
expired;
(2) The group membership is changed to become a LMI
community solar group; or
(3) The nameplate capacity of the customer-generator
is increased such that it is greater than 1,000 kW.
(e)
If required to re-register pursuant to (d) above in this section, the host
shall follow the requirements of (a) above in this section.
(f)
If a facility requests that the department issue a provisional host approval,
the facility shall provide the department with the information specified in En 909.06
and a timeline that demonstrates compliance with those requirements at a specific
date in the future.
(g)
Unless the department denies a request for provisional approval for being
incomplete or ineligible within 90 days of its filing, the department shall issue
a provisional approval, with a copy provided to the distribution utility.
(h)
A provisional approval shall expire 12 months from the date of its issuance.
(i) A provisional approval does not supersede the
requirement to obtain a host registration number pursuant to (b) above in this
section.
(j)
Prior to receiving a host registration number, a customer-generator that
received provisional approval shall provide the department with a registration application
that demonstrates current compliance with En 909.06 no later than the expiration
of the provisional approval. The department
shall act upon the updated application pursuant to (c) above in this section.
(k)
A host may voluntarily surrender its host registration at any time through
written submittal of its intent to do so to the department and the distribution
utility.
(l)
Upon request, a host shall provide to the department copies of any documents related to the host and its
members that pertain to meeting the intent and requirements of En 900.
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En 909.02 Transfer of Registration Numbers.
(a)
A group host registration number may be transferred by the host or by operation
of law to another host provided that the following conditions have been met:
(1) The proposed host meets the definition of host
pursuant to En 902.21; and
(2) The proposed host shall serve as host of the same
facility under the terms of the agreement governing the existing host and group
members.
(b) No less than 30 calendar days following the date of the transfer of the group host registration
number, the new host shall provide the department notice of transfer by submitting
the “Application to Register, Re-register, or Modify a Host Registration, for
Group Net Metering,” dated 4/2026, available at the department’s website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering and provide a copy
to the host’s distribution utility.
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En 909.03 Agreement.
(a)
The host and its members shall sign an agreement, as defined in En 902.02,
which shall include but is not limited to the following:
(1) The contact information for the host and each
member, including their names, billing addresses, service addresses, account numbers,
meter numbers, phone numbers, email addresses, if any, and name of distribution
utility;
(2) The procedure by which the host will allocate
and make payments to, and allocate and collect payments from, its members, including
the frequency and manner of such payments and collection, or, for groups electing
on-bill crediting, the procedure by which on-bill credit percentage allocations
will be determined, subject to the restrictions specified in En 909.09 and En 909.10;
(3) The procedure by which members may join, leave,
or be removed from the group and which procedure shall, at a minimum, comply with
and contain the language required by En 909.04(d);
(4) A binding process for the resolution of any disputes
arising under the agreement involving the host, its members, or among members, including
disputes arising out of the member removal process required by (a)(3) above in
this section, which dispute resolution process does not rely on the distribution
utility, the department, or the commission; and
(5) For groups electing on-bill crediting or registered
as an LMI community solar project, each member shall grant limited permission for
the host to obtain member load and account information from the distribution utility
for the purposes of complying with En 909.05 and En 909.09.
(b)
On or after the 2026 effective date of this chapter, agreements in (a)
above in this section shall address notification to group members in the event of
the suspension of payments to the group host account, which shall include how member
compensation is impacted.
(c)
The host and each member shall sign an agreement attesting that the information
provided is true to the best of their knowledge and belief.
(d)
A member that is not participating in on-bill crediting with any other host
may sign an agreement with more than one host, but the portions of that member’s
load which are allocated to each host, when combined, shall not exceed that member’s
total load.
(e)
The requirements of this section to sign an agreement shall not apply if
the host and members are the same person or the same entity.
(f)
No agreement shall in any way prohibit or restrict the members of a LMI community
solar project group who are residential end-user customers with household income
at or below 300 percent of the federal poverty guidelines from leaving such groups,
consistent with En 909.09(e)(8).
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 909.04 Group Changes.
(a)
The procedure by which members are added to and removed from the group shall
be defined in the agreement. The agreement
shall describe how members may be added, how members may leave voluntarily, and
how members may be removed involuntarily, subject to the limitation specified in
(e) below in this section.
(b)
For groups participating in group net metering without on-bill crediting,
changes to the group shall be implemented as follows:
(1) The addition of a member shall be effective with
the member’s first meter read date immediately following the new member’s addition;
(2) The departure of a member shall
be effective with the member’s first meter read date immediately following the member’s
date of departure;
(3) Departing members shall receive their allocated
share of any payments due from the host, and shall be responsible for their allocated
share of any payments due to the host, through the effective date of their departure,
and the agreement shall describe how payments are to be made between the host and
members upon the departure of a member; and
(4) The host shall notify the department of changes
to the group, and the month in which each such change occurs, on an annual basis,
pursuant to En 909.07(f).
(c)
For groups participating in group net metering with on-bill crediting, changes
to the group shall be implemented as follows:
(1) A host may request, and a utility shall process,
changes to the group or credit percentage allocations up to 4 times each year, and
limited to once a quarter for the calendar quarters ending March 31, June 30, September
30, and December 31, by submitting the information specified in (e) below in
this section;
(2) Group changes submitted pursuant to (c)(1) above
in this section, and approved by the department when applicable under (h) below
in this section, shall take effect with the next host and member billing cycles
occurring at least 10 business days following the date of change notification submission
or approval of changes by the department, if required;
(3) Group changes for LMI community solar projects
shall continue to meet the requirements for such projects specified in (e)(5) and
(e)(6) below in this section;
(4) If the account of a member becomes inactive or
a member moves within or outside of the utility service territory, the credit percentage
allocation for the account associated with the member’s meter shall be redistributed
to the host until such time as:
a. The host has submitted a request for changes to
the group membership or credit percentage allocations as described in (c)(1) above
in this section;
b. The request submitted by the host meets the conditions
described in (e) below in this section; and
c. The effective date described in (c)(2) above in
this section has occurred.
(d)
Unless the agreement provides otherwise, in the event of a host’s or member’s
death, the meter(s) associated with that deceased host or member shall continue
to be a part of the group until removed according to the terms of the agreement
or by order of a court of competent jurisdiction. The legal representatives of deceased hosts or
members shall remain bound by the terms of the agreement, unless the agreement provides
otherwise.
(e)
The host shall notify the department and the distribution utility of any
change to the group by providing the following information in accordance with (b)(4)
or (c)(1) above in this section, as applicable:
(1) The host’s name, trade name, if any, billing address,
service address, telephone number, email address, website address, if any, name
of distribution utility, meter number, and account number;
(2) For a group adding or removing members:
a. Each departing member’s name, billing address,
service address, account number, meter number, projected annual load, month of member
change, and credit percentage allocation, and low-moderate income status, as applicable;
b. Each new member’s name, billing address, service
address, account number, meter number, projected annual load, month of member change,
and credit percentage allocation and low-moderate income status, as applicable;
and
c. Except as otherwise permitted under En 902.25,
certification that no new member is a customer-generator;
(3) Any changes to the host renewable facility that
increase the nameplate capacity shall include the new nameplate capacity;
(4) For a group using on-bill crediting and changing
credit percentage allocations:
a. The name, billing address, service address, account
number, meter number, current percentage allocation, and low-moderate income status,
if applicable, for each group member and the host; and
b. The new allocation percentage for each group member
and the host;
(5) For a group with a LMI community solar project,
the information specified in En 909.06(e); and
(6) For a group with a LMI community solar project,
verification that the percentage allocations meet the requirements of En 912.02(c)
through (e) and En 909.09(h).
(f)
The host shall sign and date the change notification submitted.
(g)
The individual signing the change notification shall certify that the information
provided is true, accurate, and complete, to the best of the individual’s knowledge
and belief.
(h)
For any group with a LMI community solar project, the department shall review
each complete change notification for continued LMI community solar project adder
eligibility and approve or deny such change notification within 30 business days
following a complete submission pursuant to (c)(1) above in this section. The department shall notify the utility and the
host of its approval or denial.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 909.05 Duties of the Distribution Utility.
(a)
The utility shall review group net metering registration applications when
requested by the department as follows:
(1) Verification of the member account number(s) and
meter number(s);
(2) Verification of the member load information;
(3) For members participating in more than one group:
a. Verification that the total of the loads registered
in each group for that member’s meters or accounts do not exceed the member’s total
annual load associated with those meters or accounts; and
b. Verification that no individual member meter is
registered in more than one group that uses on-bill crediting;
(4) Review the generation estimate for the host to
ensure the total load of the host and the group exceed the generation estimate;
and
(5) For existing interconnected facilities, evaluate
the metering configuration for compliance with requirements to net meter, including
the scheduling of any necessary site visit to the facility.
(b) The review described
in (a)(1) through (a)(5) above in this section shall be completed within 30 calendar
days of receipt of the department’s request. For review of existing facilities that have
site visits scheduled, the site visits shall be completed within 60 calendar
days of receipt of the department’s request.
(c)
Payment to group hosts or application of on-bill credits to group member
accounts shall commence following approval of the group registration by the department
as described below:
(1) Upon being notified of a group host registration
and receipt of a host registration number, the first payment or credit shall be
due for the billing cycle beginning with the meter read date immediately following
the effective date of the host’s registration. If the meter read date is less than 10 business
days after the effective date, the first payment shall be due for the billing cycle
beginning with the next meter read date;
(2) Upon being notified of a group host registration
and receipt of a host registration number for a group host that elects to receive
payment under this section with no on bill-credits to group members:
a. The distribution utility shall thereafter pay
the host for the host’s net excess electricity exported to the distribution system
at the end of each billing cycle in accordance with the commission approved utility
tariff provisions applicable to the host’s customer class; and
b. If the host is a large customer-generator that
does not receive default service from the utility, the host is ineligible to receive
credit for the net electricity exported to the distribution system;
(3) Upon being notified of a group host registration
and receipt of a host registration number for a group host that elects to receive
on-bill credits for group members pursuant to En 912.02, the distribution utility
shall thereafter apply a monetary credit to the account of the host and each member
of the group pursuant to En 912.02(f);
(4) Upon being notified of a group host registration
and receipt of a host registration number for a group with a LMI community solar
project pursuant to En 909.09, the distribution utility shall thereafter apply a
monetary credit to the account of the host and each member of the group pursuant
to En 912.02(c) and En 912.02(f); and
(5) Billing or account errors identified following
the issuance of a group registration:
a. Shall not delay or prevent payment to the host
or application of on bill credits to the unaffected group
members or host;
b. Bill credits shall revert to the group host if
the utility is unable to apply credits to any group members until such time the
member is replaced; and
c. If a group member is identified as
ineligible, the utility shall notify the host and the host
shall provide a replacement member to the utility within 30 days.
(d)
For hosts that are small customer-generators subject to the standard net
metering tariff that receive default service from the distribution utility, the
payments or credits from the distribution utility for net excess electricity exported
to the distribution system shall be based on all charges assessed on a per-kWh basis.
(e)
For hosts that are small customer-generators subject to the alternative net
metering tariff that receive default service from the distribution utility, the
payments or credits from the distribution utility for net excess electricity exported
to the distribution system shall be calculated based on 25 percent of any distribution
charges assessed on a per-kWh-hour basis, 100 percent of any transmission charges
assessed on a per-kWh-hour basis, and 100 percent of the default service rate on
a per-kWh-hour basis.
(f)
For hosts that are small customer-generators subject to the alternative net
metering tariff that do not receive default service from the distribution utility,
the payments or credits from the distribution utility for net excess electricity
exported to the distribution system shall be calculated based on 25 percent of any
distribution charges assessed on a per-kWh-hour basis and 100 percent of any transmission
charges assessed on a per-kWh-hour basis.
(g)
For hosts that are large customer-generators receiving default service from
the distribution utility, the payments or credits from the distribution utility
for net excess electricity exported to the distribution system shall be based on
the distribution utility’s default service rate.
(h) For hosts that are large customer-generators
that do not receive default service from the distribution utility, no payments or
credits shall be due from the distribution utility for net excess electricity exported
to the distribution system.
(i) For all hosts not exempted pursuant to En 909.07(c),
by July 1 of each year, the distribution utility shall:
(1) Review and verify load and account information
for all applicable reports filed pursuant to En 909.07(a). If discrepancies are discovered upon review, the
distribution utility shall notify the host and department for correction and
resubmission by the host;
(2) Determine for the prior year whether the host’s
net excess exported generation was less than or exceeded the group’s total electricity
use;
(3) If the host’s net excess exported generation was
greater than the group’s total electricity use during the
prior year, calculate the payment adjustment to the host. For purposes of calculating the payment adjustment,
the distribution utility shall be bound by its election of the avoided cost rate
calculated by the department, or by the distribution utility for each specific host,
or the distribution utility’s default service rate. The distribution utility shall calculate whether
it overpaid the host for that excess generation and bill the host accordingly;
and
(4) Verify that the load of any member participating
in multiple groups is accounted for accurately within the report of each group to
which the member belongs and does not exceed the member’s total annual load.
(j)
If the host’s registration is suspended under En 909.08, or if the host fails
to timely file an annual report required by En 909.07(a), the distribution utility
shall cease making payments or providing credits due to the host pursuant to this
chapter beginning with the billing cycle that starts with the meter read date immediately
following the date of suspension or 2 months following the due date for the annual
report. The cessation of payments or
credits directed by this paragraph shall be subject to the following:
(1) EAP LMI and LMI community solar group hosts
that have not received the required load data pursuant to (r) below in this
section and En 912.02(k) shall be exempt from penalties referenced in this
section;
(2) The EAP LMI and LMI community solar group
hosts shall submit the required annual report to the distribution utility within
30 calendar days of receipt of the required data from the distribution utility;
(3) EAP LMI and LMI community solar group hosts
shall be subject to the penalties of this section if they do not submit their
annual report to the distribution utility within 30 calendar days of receipt of
the load data from the distribution utility; and
(4) The distribution utility shall not cease
making payments to the EAP LMI members if payments are withheld to the host
unless the group registration expires.
(k) If the distribution utility ceased making payments pursuant to (j) above in this section,
the distribution utility shall resume making monthly payments or providing monthly
credits beginning with the billing cycle that starts with the meter read date immediately
following the host’s re-registration or filing of its annual report, as applicable. The host shall not be entitled to payments, nor
shall the host and members be entitled to any credits, for any billing cycles with
respect to which payments were not made or credits were
not provided as a result of suspension or failure to timely
file any required annual reports.
(l)
Any distribution utility serving registered hosts shall file an annual report
with the department on or before July 1 of each year, covering the immediately preceding
calendar year, which report shall describe:
(1) The number and location of all registered group
host facilities it serves;
(2) The generating capacity and renewable source of
each facility:
(3) Whether the group is using on-bill crediting;
(4) Whether the group is a LMI community solar project;
(5) The payments to each host; and
(6) The credits provided
to each group host and members for groups using on-bill crediting.
(m) The department may conduct an audit of
distribution utility records relating to group-net metering and request
additional information or documentation at its discretion.
(n)
The distribution utility shall not be required to include actual host and
member load data for hosts that are exempt from filing annual reports pursuant
to En 909.07(c) in the report required in (l) above in this section, but instead
shall include the estimated facility production and estimated host and member load
data for such exempt groups.
(o)
Any distribution utility serving registered hosts with LMI community solar
projects shall file with the department an appendix to its annual report on or before
July 1 of each year covering the immediately preceding calendar year, and which
appendix shall provide the total annual amount of on-bill monetary credits provided
to each member of any such group.
(p)
For any existing net metering customer-generator who becomes a host pursuant
to this chapter, the distribution utility shall close out that customer-generator’s
net metering account and make any payments or bill credits due to the customer-generator
under the applicable tariff rate for standard or alternative net metering pursuant
to En 903.02(f) or En 903.02(g).
(q)
For any group which elects to receive on-bill credits, the distribution utility
shall make available to the host through electronic mail, letter, or internet portal
the below information following the end of each host monthly billing cycle:
(1) The total net electricity exports from the host’s
facility during the billing cycle; and
(2) The total amount of on-bill monetary credits accrued
to the host and group members during the billing cycle.
(r)
For any group which elects to receive on-bill credits, the distribution utility
shall provide to the host by January 30th of each year the load for each group member
who was a member for any period during the preceding calendar year, by such member’s
monthly billing cycle during the year.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 909.06 Application to Register or Re-Register as a
Host.
(a)
An applicant for registration or re-registration as a group host shall provide
the department, with a copy to the applicable distribution utility, a completed
“Application to Register, Re-register, or Modify a Host Registration, for Group
Net Metering,” dated 4/2026, available at the department’s website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering.
(b)
Each application shall be signed and dated by the group host applicant
or its authorized representative who shall certify by checking the boxes as
follows:
(1) The host has read and understood all the
requirements and guidelines in the En 900 rules in its entirety;
(2) The host has provided a copy of the
application with any and all attachments to the department and distribution
utility;
(3) All group members and the host are customers
of the same distribution utility;
(4) All members of the group have executed an agreement with the host, unless the host and the
group member are the same person or entity in which case an agreement shall not
be required;
(5) The total historic or projected annual load of
the members together with the host exceeds the projected annual output of the host’s
facility;
(6) That none of the members is a
customer-generator pursuant to En 902.05;
(7) The applicant has attached interconnection documentation
of facility capacity, including the interconnection agreement or permission to
operate;
(8) If an existing facility, “I have attached
signed documentation from my utility stating that the group host facility in
this application complies with the following metering and interconnection
requirements: RSA 362-A:9, III; RSA 362-A:1-a, II-b; En 901.02(c); En
903.01(e); and En 903.02(c).”;
(9) That on or before April 1 of each year,
beginning the year after the host received a registration number, the host
shall provide to the department, with a copy to the distribution utility, an
annual report containing the information defined in En 909.07, covering the
immediately preceding calendar year;
(10) That if the host
is not electing on-bill monetary credits and if a member is a member of more
than one group, the portions of that member’s load which are allocated to each
host, when combined, shall not exceed that member’s total load; and
(11) That information provided is true, accurate, and
complete, to the best of the individual’s knowledge and belief.
(c) In addition to the requirements in (a) and (b)
above in this section, for a group host application where the host is not electing
to receive on-bill credits for the group, the applicant shall certify that if a
member is a member of more than one group, the portions of that member’s load
which are allocated to each host, when combined, shall not exceed that member’s
total load.
(d)
In addition to the requirements in (a) and (b) above in this section, for
a group host application where the host is electing to receive on-bill credits
for the group, the applicant shall certify:
(1) The specified percentage allocation for the host
and all members total 100 percent;
(2) Each group member’s percentage allocation is greater
than zero; and
(3) No group member meter is registered in any other
group at the time of registration.
(e) In addition to the requirements in (a) and (b)
above in this section, for a group host application where the group is applying
as a LMI community solar project, the applicant shall provide supportive
documentation and certifications as follows:
(1) The group meets the requirements of En
909.09(e);
(2) The specified credit percentage allocations
meet the requirements of En 912.02(c) through En 912.02(e) and En 909.09(h);
(3) Documentation describing the host’s income verification
procedure for the group; and
(4) Documentation demonstrating that each affordable
housing project member qualifies as such pursuant to En 902.01 as follows;
a. Documentation describing the direct,
quantifiable benefits to be provided by any member which is an affordable
housing project to the tenants or residents of that project pursuant to En
909.09(f), or there are no affordable housing project members; and
b. No agreement in any way prohibits or
restricts the members of the low-moderate income community solar project group
who are residential end-user customers with household income at or below 300
percent of the federal poverty guidelines from leaving the group, consistent
with En 909.09(e)(9).
(f)
For groups participating in on-bill crediting, member information, and credit
percentage allocations shall be provided in pdf and xls
format.
(g) The applicant shall electronically
file the document and any attachments to ENGY.GroupNetMetering@energy.nh.gov in a format compatible
with the computer system of the department.
The department shall accept the document and any attachments through the
U.S. mail, by overnight express service, or by hand delivery, if the applicant is
unable to file the document electronically.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 909.07 Annual Report.
(a)
Except as otherwise provided in En 909.05(j) above and (c) below in this
section, each host shall file with the department, on or before April 1 of each
year after registration, the “Annual Report for Group Hosts” dated 4/2026,
available at the department’s website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering, and shall send a
copy of the report to the host’s distribution utility.
(b)
Failure to timely file an annual report shall authorize the distribution
utility to cease making the payments until the host files its annual report, as
described in En 909.05(j) and En 909.05(k).
The utility shall notify the department prior to ceasing payments.
(c) A customer-generator with a residential net-metered
facility with generating capacity less than 15 kW interconnected to a distribution
utility that is not a LMI community solar project shall not be required to file
an annual report pursuant to this section.
(d) A host’s registration shall expire without further
action by the department if the host fails to file an annual report by October 1
of the year the annual report is due, with the exception of hosts subject to the
exemption in (c) above in this section.
(e)
The department shall notify the appropriate utilities of hosts whose registration
has expired pursuant to (d) above in this section.
(f) In addition to completing the “Annual Report for Group Hosts” form
dated 4/2026, the group host shall provide
supportive documentation, covering the immediately
preceding calendar year as follows:
(1) A calculation, with supporting documentation,
for each month of the year, of the total electricity generated by the host’s facility,
the total net electricity exported to the distribution system for which the host
was compensated under this chapter;, the host’s total load for which it was billed
by the utility, customer name, utility account number, meter number, identifies
as a residential customer, AHP, or LMI, the total billed load of each member, and
the total billed load of all members; and
(2) Each annual report shall be signed and dated
by the group host or its authorized representative who
shall certify:
a. The host has provided a copy of the annual
report with any and all attachments to the department and distribution utility;
b. The total actual annual load (kWh) of the
members together with the host exceeds the annual generation (kWh) of the
host’s facility;
c. On or before April 1 of each year, beginning
the year after the host received a registration number, the host shall provide
to the department, with a copy to the distribution utility, an annual report
containing the information defined in En 909.07(f), covering the immediately
preceding calendar year;
d. That for hosts not electing monetary credits,
if a member is a member of more than one group, the portions of that member’s
load which are allocated to each of the host's groups, when combined, shall not
exceed that member’s total load;
e. That any facility or member changes
pertaining to En 909.06 that occurred during the reporting calendar year are
attached to the annual report form; and
f. That for hosts electing on-bill monetary
credits, all group changes have been reported pursuant to En 909.04(c);
(3) In addition to the information and certifications
required above, any host with a LMI community solar project that is not an EAP LMI
group shall provide in xls format the following additional
information and certifications, covering the immediately preceding calendar year
as follows:
a. Certification that all members who are
residential end-user customers with household incomes at or below 300 percent
of the federal poverty guidelines have been income-verified by a method or
methods consistent with En 909.09(g) within the year covered by the annual
report;
b. Copies of the monthly documentation provided to
the host by the distribution utility pursuant to En 909.05(q); and
c. That the group met the requirements specified
in En 909.09 during the preceding calendar year.
(h) The reporting party shall electronically
file the annual report to ENGY.GroupNetMetering@energy.nh.gov, in a format compatible
with the computer system of the department.
The department shall accept the annual report through the U.S. mail, by overnight
express service, or by hand delivery, if the host is unable to file the report electronically.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 909.08 Sanctions
for Failure to Comply.
(a)
The department shall petition the commission to suspend a host’s registration
for any of the following:
(1) A material misrepresentation of information required
by En 909.06, which, if accurately reported, would have resulted in the denial of
the application;
(2) A material violation of En 909 or RSA 362-A:9,
XIV; or
(3) A material violation of any applicable department
rules or commission order.
(b)
A host whose registration was suspended may, at the end of the period of
suspension, seek reinstatement by submitting a re-registration application pursuant
to En 909.01.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 909.09 Low-Moderate Income Community Solar Projects.
(a) An applicant for registration or
re-registration as a LMI community solar project shall provide the
department, with a copy to the distribution utility, a completed “Application to Register, Re-Register, or
Modify a Host Registration, for Group Net Metering” dated 4/2026, available at
the department’s website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering as outlined in En
909.06(a).
(b)
Each application shall be signed and dated by the LMI group host
applicant or its authorized representative who shall certify the information outlined
at En 909.06(b), En 909.06(d), and En 909.06(e).
(c) A group registered with a
LMI community solar project shall receive additional on-bill monetary credits
for all excess electricity production eligible under En 909.05(c)(4)
at the following rates for the specified time periods:
(1) An additional 3 cents per kWh-hour through
July 1, 2021; and
(2) An additional 2.5 cents per kWh-hour
on July 2, 2021 and thereafter.
(d) The LMI group host shall have the option to
receive payment from the electric distribution utility on
a monthly basis equal to the LMI group host’s on-bill monetary credit amount
in excess of the LMI group host’s billed charges for the billing period.
(e) To register as a LMI community solar project group, a project shall meet the
following requirements:
(1) The LMI group host facility has an initial
operational date on or after July 1, 2019;
(2) The LMI group host has elected for the
group to receive on-bill credits pursuant to En 912;
(3) The LMI group host shall indicate whether
it elects the monthly payment option provided under (d) above
in this section;
(4) The group includes at least 5 residential
end-user customers;
(5) A majority of the residential end-user
customers in the group have household income at or below 300 percent
of the federal poverty guidelines, as verified by the methods specified in (g) below
in this section, or the project directly benefits the residents of a public
housing authority created pursuant to RSA 203 or a housing project as described
in RSA 78-B:2, XXIII, where the electric bills are either paid directly by the
residents or by the public housing authority or housing project, provided that
at least a majority of the residents receiving the direct benefit are at or
below 80 percent of the area median income (AMI) calculated by the department
of housing and urban development;
(6) No more than 15 percent of the projected
annual load for the group is attributable to non- residential end-user customers;
(7) A group member that is an affordable
housing project will provide direct benefits to the tenants or residents of that
project pursuant to (f) below in this section;
(8) No group member who is a residential
end-user customer with household income at or below 300 percent of the federal poverty
guidelines shall be charged or assessed any subscription fee, investment amount,
termination fee, withdrawal charge, or other cost, expense, fee, charge, price,
or other amount as a condition of their group membership; and
(9) Solely for the purposes
of this paragraph, the projected annual load for a group that is attributable to
non-residential end-user customers shall not include any such projected load attributable
to affordable housing projects.
(f) A group member that is an affordable housing
project shall provide direct, quantifiable benefits, such as rental payment reductions,
building improvements, energy efficiency measures, wireless internet access, investments
in new affordable housing units, or resident services to the extent not reimbursed
or otherwise funded by a federal, state, or local source, to the tenants or residents
of that project, unless the provision of such benefits
would result in any tenant’s or resident’s ineligibility for, or reduction in the
amount of benefits available from, any other federal, state, or local assistance
program.
(g)
The LMI group host shall be responsible for initial and ongoing annual income
verification for group members who are residential end-user customers with household
income at or below 300 percent of the federal poverty guidelines, using one of the
following income verification methods:
(1) Participation in the
electric assistance program;
(2) Income verification
performed by a community action agency;
(3) A complete copy of
an award letter dated within 12 months of the income verification date for the home
energy assistance program or fuel assistance program, supplemental
nutrition assistance program, temporary assistance for needy families, or supplemental
security income;
(4) Verification
of moderate income members
with sufficient documentation to verify that annual income
is at or below 300 percent of the federal poverty guidelines; or
(5) An alternative income
verification method functionally equivalent to the methods described in (g)(1) through
(g)(4) above in this section that is proposed by a LMI group host and approved by
the department.
(h) In addition to compliance with En 912.02(c)
through En 912.02(e), the LMI group host of a group registered as a LMI community
solar project shall make on-bill monetary credit percentage allocations to the LMI
group host and group members such that the sum of such percentage allocations to
members that are residential end-user customers with household income at or below
300 percent of the federal poverty guidelines or affordable housing projects shall
not be less than 12 percent of the total credit amount allocated to the LMI
group host and all group members.
(i) Upon receipt of a LMI group host registration number for a group registered as
a LMI community solar project, the distribution utility shall thereafter allocate an on-bill
monetary credit to the LMI group host’s and each group member’s account as follows:
(1) A total monetary credit
shall be calculated for the LMI group host’s net excess electricity exported to
the distribution system at the end of each billing cycle, based on the alternative net metering
tariff and LMI group host rate class, plus an additional 3 cents per kWh through
July 1, 2021 and 2.5 cents per kWh
after that date;
(2) The total monetary
credit for each billing cycle calculated pursuant to (i)(1)
above in this section shall be distributed to the LMI group host’s and members’
accounts in accordance with the percentage allocations specified pursuant to En 912.02(c)
through (e) and En 912.02(h);
(3) The monetary credit
shall be separately itemized on one line on a customer’s bill and deducted from
the balance due on the bill after all applicable charges and all other credits; and
(4) Monthly payments shall
be made to any LMI group host that has elected the monthly payment option provided
pursuant to (d) above in this section.
(j) The LMI group host shall demonstrate the continuing
eligibility of the group on an annual basis by providing the information required
pursuant to (g) above in this section.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 909.10 Confidentiality. The “Application to Register, Re-Register, or
Modify a Host Registration, for Group Net Metering” dated 4/2026, the LMI group
host’s annual report, the distribution utility’s annual report pursuant to En 909.05(i), and any related attachments provided to the department shall
be public documents which shall be disclosed by the department upon request, except
that the department shall protect from public disclosure to the extent permitted
by law information that is considered to be confidential, commercial, or financial,
or other information the disclosure of which would constitute an invasion of privacy
in accordance with RSA 91-A:5. Notwithstanding
the foregoing, any information submitted to the department pursuant to this chapter
shall be available to the department for the preparation and public release of statistics
and other metric and non-metric data.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 909.11 Electronic Documents and Signatures. All documents and signatures referenced in this
chapter may be electronic as authorized pursuant to RSA 294-E.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
PART En 910 GROUP NET METERING EAP LMI COMMUNITY SOLAR PROJECTS
En 910.01 Applicability. En 910 shall be applicable only to LMI community
solar projects serving electric customers who have enrolled in, or are on the waitlist
for, the electric assistance program and meet the requirements for EAP LMI community
solar projects as defined in En 902.09.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 910.02 Designation as an EAP LMI Project.
(a) To qualify for designation as an EAP LMI community
solar project group, projects shall designate benefits to group members that are
comprised of only EAP LMI group members.
(b) To qualify as an EAP LMI group member, an individual
shall:
(1) Be a customer of a regulated electric distribution
utility;
(2) Be enrolled in the state EAP or on the waitlist
for the state EAP, pursuant to RSA 362-A:9, XIV(d); and
(3) Reside within the service territory of the EAP
LMI group host utility.
(c) Designations for EAP LMI community solar projects
shall be made by the department through an application and selection process in
each calendar year.
(d) The number of projects designated as EAP LMI community solar annually shall not exceed a total
nameplate capacity of 6 MWs in the aggregate from within the service territories
of the 3 regulated electric utilities.
(e) The department shall announce an open application
period once per year, following which applications shall be accepted during the
application open period identified in the department’s announcement.
(f) If the total requested capacity from applications
received does not fully reserve the 6 MW cap for a particular year, the unused portion
of the cap shall not be available for future years.
(g) If an applicant does not receive designation because
the 6 MW cap is exceeded in a given year, the applicant may reapply in a future
year’s application period.
(h) Designations allocating up to the 6 MW cap of
annual capacity shall only be made to applications for EAP LMI community solar project
designation submitted during the application open period.
(i) The department shall formally designate selected
projects as EAP LMI community solar projects by written notice, entitling the project
to participate and receive the LMI adder credit once the project is registered pursuant
to En 910.03.
(j) A designated project shall register as an EAP
LMI group host with the department in order to begin receiving net metering credits
including the LMI adder.
(k) EAP LMI community solar project eligibility shall
be as follows:
(1)
Projects shall consist of new ground-mounted, carport, or rooftop group net metered
community solar PV projects;
(2) Projects shall designate their production for
the benefit of EAP-eligible customers selected and assigned to their groups pursuant
to RSA 362-A:9, XIV(d) and (f);
(3)
Projects shall provide on-bill credits equal
to or greater than the minimum allocation percentage set by the department annually
of the project’s total monetary credit from net excess electric generation to the
EAP LMI members assigned to their groups. The department shall periodically solicit
stakeholder input to inform the determination of this minimum allocation
percentage;
(4)
Projects
shall be physically located in New Hampshire and any point
of grid interconnection shall also be in New Hampshire. Neither the project nor the end-user customers
to be served by the system shall be located in the service territory, or be a customer
of, a municipal electric utility or a rural electric cooperative for which a certificate
of deregulation is on file with the commission;
(5) Project system capacity shall
not exceed one MW alternating current (AC); and
(6) Utility owned projects that
are designated as community solar projects shall not count against the limitation
on the maximum allowed distributed energy resources as established by RSA 374-G:4.
(l) If the total requested capacity from applications
received by the department does not exceed 6 MW, the department shall issue designations
to all eligible projects.
(m) If the total requested capacity resulting from
applications received exceeds 6 MW, the department shall select the project application(s)
that offer the largest estimated monthly on-bill credit per member and that demonstrate
project readiness including but not limited to project site control, permits and
approvals, financing commitments, interconnection status, and project timeline feasibility.
(n) The department shall rank applications received
based on the largest on-bill credit allocated to the EAP LMI members.
(o) On-bill credit shall be measured and ranked according
to the estimated monthly monetary credit applied to each member.
(p) The highest-ranking projects demonstrating project
readiness shall be designated based on the ranking of applications as described
in (o) above in this section until the total designations meet the 6 MW capacity
cap.
(q) If after ranking by monthly LMI on-bill credit
amounts and review for project readiness, 2 or more applications that propose allocation
of the same amount of on-bill credit to EAP LMI members result in total requested
designations over 6 MW, the applications shall be selected for designation via a
public lottery process.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 910.03 EAP LMI Group Host Registration.
(a) To register as an EAP LMI group host, as defined
in En 902.10, a customer-generator shall provide the department and the EAP LMI
group host’s distribution utility, as defined in En 902.08, with the necessary EAP
LMI group host information required for group registration, as specified in the
“Application to Register for EAP LMI Community Solar Projects Group Net Metering”
dated 4/2026, available at the department’s website at https://www.energy.nh.gov/nh-senate-bill-270-implementation.
(b) The EAP LMI group host shall submit the required
information by completing and submitting the “Application to Register for EAP
LMI Community Solar Projects Group Net Metering,” dated 4/2026.
(c) Each application shall be signed by the
applicant or its authorized representative who shall certify by checking the
boxes as follows:
(1)
The host has read and understood all the
requirements and guidelines in En 900;
(2) The host has provided a copy of this
application with any and all attachments to the distribution utility;
(3) The applicant has attached documentation of
facility capacity which is a
permission to operate, and if applicable, an approved interconnection agreement;
(4) The host shall provide to the utility actual
facility production for the previous quarter no later than the third day of the
month following the close of the quarter pursuant to En 910.04(b)(1); and
(5) The host shall provide to
the utility actual annual facility production for the
preceding calendar year by January 31st of each year as follows;
a. If an existing
facility, “I have attached signed documentation from my utility stating that
the group host facility in this application complies with the following
metering and interconnection requirements: RSA 362-A:9, III; RSA 362-A:1-a,
II-b; En 901.02(c); En 903.01(e); and En 903.02(c)”;
b. The percentage allocated
to EAP LMI group members meets or exceeds the percentage designated in the
project’s approval;
c. The group meets the requirements of En
910.02(k); and
d. The specified
on-bill credit percentage allocations meet the requirements of En 912.02(c)
through En 912.02(e) and En 909.09(h).
(d)
The individual signing the application has the authority to file the
application on behalf of the EAP LMI group host and attests that the contents
of the application are truthful, accurate, and complete, to the best of the individual’s
knowledge and belief.
(e) The EAP LMI group host’s distribution utility
shall be responsible for completing the remaining group net metering registration
information including EAP LMI group member details which shall remain confidential.
(f) Nothing in this section shall preclude low-moderate
income solar community projects from enrolling customers through any other method
other than the process described for EAP LMI projects described in En 910. A description of any alternative method used shall
be filed with the department.
(g) Within 90 days of receipt of a complete EAP
LMI group host application, the department shall notify both the EAP LMI group host
and the distribution utility of the approval or denial of the group registration
application.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 910.04 EAP LMI Group Host Responsibilities.
(a) The EAP LMI group host shall be responsible for
initiating the group registration process by submitting the required information
to the applicable distribution utility. The
information provided shall be submitted pursuant to En 910.03.
(b) The EAP LMI group host shall coordinate with the
distribution utility on requests for information and data necessary for reporting
and administration of the group. Such coordination
shall include, but not be limited to, the following:
(1) Submittal of total actual facility production
for the previous quarter, as reported by the EAP LMI group host to the utility,
no later than the third day of the month following the close of the quarter;
(2) Submittal of total actual annual facility production
for the preceding calendar year, to be provided to the utility by close of business
on January 31st of each year for inclusion in the utility’s annual group reporting
pursuant to En 910.05(p);
(3) Timely and complete responses to additional requests
from the utility necessary for the administration of the group; and
(4) Requests for changes to percentage allocations
between the EAP LMI group host and EAP LMI group members, provided that:
a. Any requested change shall comply with all program
requirements;
b. The total allocation to EAP LMI group members
shall not fall below the percentage specified in the approved project designation;
and
c. Allocation change requests shall be permitted
up to 4 times per calendar year, once per quarter, and only in coordination with
utility EAP LMI group membership changes.
Changes submitted during the EAP LMI group membership change period, day
1 through day 5 of the new quarter, shall not take effect until the subsequent EAP
LMI group member change period.
(c) The EAP LMI group host shall submit, within the
quarter of occurrence, updates to the department and the distribution utility regarding
any changes to the EAP LMI group host’s information as submitted in the original
group registration, including changes in ownership and contact information.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 910.05 Duties of the Distribution Utility.
(a) The EAP LMI group host’s distribution utility
shall be responsible for selecting EAP LMI group members in accordance with RSA
362-A:9, XIV(d).
(b) The EAP LMI group host’s distribution utility
shall be responsible for developing, subject to department approval, the enrollment
and opt-out notification(s) by mail for EAP LMI group members and for notifying
selected EAP-eligible members of their enrollment as well as any changes to their
enrollment status as follows:
(1) Within 10 business days following the department’s
issuance of a group registration, the applicable distribution utility shall notify
the selected EAP-eligible customers of their enrollment in the group and inform
them of details of the project from which they are receiving credit;
(2) Enrolled EAP LMI group members shall have 15 business
days from the date of receipt of the enrollment
notification to opt out of participation by contacting the utility via telephone
or email; and
(3) Any EAP LMI group members who opt out within 30
calendar days of the initial group enrollment notification shall be removed from
the group and replaced with new eligible EAP LMI group members by the utility within
one billing cycle.
(c)
Following the requirements
of (b)(3) above in this section, the applicable distribution utility shall provide
the final group registration information to the department within 30 business days
of the date of the selection of the group members, and include in their
submission to the department:
(1) The EAP LMI group host and facility information
as provided by the EAP LMI group host;
(2) A list of all EAP LMI group members;
(3) An equal allocation amongst EAP LMI group members
of the total LMI credit percentage, as designated by the EAP LMI group host, distributed
among the EAP LMI group members, with the percentage of credit for each EAP LMI
group member detailed in the EAP LMI group member information section of the “Application
to Register for EAP LMI Community Solar Projects Group Net Metering,” dated 4/2026;
(4) The total estimated annual group load based on
an assumed usage of 625 kWh per month per EAP LMI group member;
(5) A certification that the total historic annual
load of the group EAP LMI group members, in combination with the EAP LMI group host’s
load, exceeds the projected annual output of the EAP LMI group host’s photovoltaic
system and represents not less than 105% and not more than 110% of the total estimated
annual generation; and
(6) A certification that all group selection requirements
have been satisfied and that all selected EAP LMI group members have been notified
of their enrollment.
(d)
The utility shall notify
the EAP LMI group host upon submission of the completed group registration form
to the department.
(e)
Customer names and addresses shall not be disclosed by the distribution utility and
the department except as required by law.
(f) On-bill credits shall not be applied until the
distribution utility receives notification of group registration approval from the
department.
(g) Upon receipt of an EAP LMI group host registration
number from the department, the distribution utility shall begin allocating a monetary
credit to the accounts of the EAP LMI group members and the EAP LMI host may elect to receive
either monthly payments or on-bill credits, consistent with En 912 and (m)
below in this section.
(h) The EAP LMI member bill shall contain a line item
showing and identifying the on-bill credit.
(i) On-bill credits shall not commence prior to facility
interconnection and operation.
(j) All credits shall be applied to the EAP LMI group
host and EAP LMI group member accounts within 60 calendar days of the department’s
approval of the EAP LMI group registration.
(k) The utility shall select EAP LMI group members
based on the following priority criteria:
(1) Priority 1 – customers
participating in EAP s residing within the project’s zip code;
(2) Priority 2 – customers
on any EAP waitlist residing within the project’s zip code;
(3) Priority 3 – customers participating in EAP residing
in zip codes that directly border the project’s zip code, with preference given
to those closest to the project location; and
(4) Priority 4 – customers on any EAP waitlist residing
in zip codes that directly border the project’s zip code, with preference given
to those closest to the project location.
(l)
If the number of EAP-eligible customers exceeds the available EAP LMI group
member spots within any priority category, the utility shall conduct a randomized
selection process to determine EAP LMI group membership.
(m) The utility shall provide payment to an EAP LMI host based on the EAP LMI host’s election to receive either on-bill
credits or a monthly payment equal to the monetary credit for excess production
allocated to the EAP LMI group host.
(n)
The applicable distribution utility shall
be responsible for managing group changes pertaining to EAP LMI group membership,
as set forth below:
(1) The utility shall manage and
administer group changes related to EAP LMI group membership and credit allocation
adjustments at least once per calendar quarter, beginning in the quarter following
group registration approval;
(2) All such group changes shall be implemented within
5 business days following the start of each calendar quarter;
(3) The utility shall submit quarterly group change
reports to the department, including:
a. EAP LMI group member additions and removals;
b. Updated LMI credit allocations if applicable;
and
c. Certification that the
group remains in compliance with minimum LMI credit percentage requirements;
(4) The utility shall administer
modifications to EAP LMI group membership and corresponding credit allocations in
accordance with the following contingencies:
a. EAP LMI group members who are no longer EAP-eligible
shall be removed and replaced during the next quarterly EAP LMI group membership
change period. Their estimated load shall
remain assigned until removal, and any credit shall continue to accrue to them until
that time, but for no more than 2 quarters;
b. EAP LMI group members who choose to cancel participation
shall be removed upon request and replaced within one billing cycle. Their estimated load shall remain until the next
quarterly change period. Credit for the current
billing cycle shall accrue to the new EAP LMI group member added;
c. If an EAP LMI group member’s account becomes inactive
for 60 or more days, the EAP LMI group member shall be removed and replaced during
the next quarterly change period. Credit
associated with that EAP LMI group member shall revert to the EAP LMI group host
from the date the account became inactive and continue to do so until the quarterly
change is processed, not to exceed 2 quarters; and
d. If an EAP LMI group member account becomes inactive
but is reactivated within 60 days, credit during the inactive period shall accrue
to the EAP LMI group host. Upon reactivation,
credit shall accrue to the EAP LMI group member on a prospective basis only;
(5) In the event that an account becomes inactive and a new EAP LMI group member has not yet been added,
the corresponding credit shall accrue to the EAP LMI group host until a replacement
EAP LMI group member is enrolled; and
(6) The utility shall not be required to notify the
EAP LMI group host of individual EAP LMI group member changes. The utility shall retain responsibility for tracking
and managing such changes throughout the year.
(o) The utility shall, on an annual basis, conduct
a compliance review during the first quarter following the end of the calendar
year, which shall include the following:
(1) The utility shall evaluate whether the group has
met its required annual LMI credit percentage, as approved in the project designation. If the group has not met the required annual LMI
credit percentage, the utility shall adjust the LMI credit allocation so that the
total annual LMI credit percentage meets or exceeds the approved percentage;
and
(2) The utility shall also review whether the total
actual annual EAP LMI group member load, using the estimated 625 kWh per month
per member, meets or exceeds the total annual actual production of the EAP LMI group
host facility. If not, the utility shall
make changes to EAP LMI group membership to ensure that the total annual excess
generation is equal to or less than the total annual EAP
LMI group member load.
(p)
Each utility administering an EAP LMI community
solar project shall submit an annual report to the department in accordance with
the following provisions:
(1) Each utility administering an EAP LMI community
solar project shall file with the department, on or before April 1st of each year
after registration, an annual report that contains the information covering the
previous calendar year;
(2) Any distribution utility serving registered EAP
LMI group hosts with EAP LMI community solar projects shall not discontinue payments
to EAP LMI group members where distribution
utilities are responsible for group management, load requirements and annual reporting
requirements; and
(3) The annual EAP LMI group host report shall include:
a. Verification that all EAP LMI group members are
enrolled in or are on any wait list for the EAP;
b. A summary and supporting documentation of the
total on-bill credit (OBC) percentage allocated to EAP-eligible EAP LMI group members;
c. A summary and documentation of the total credit
percentage allocated to the EAP LMI group
host;
d. A summary and documentation of the OBC percentage
allocated to the EAP LMI group host as a result of EAP LMI group member account
inactivity;
e. Documentation that the total annual EAP LMI group
member load was equal to or greater than the total annual EAP LMI group host facility
excess generation, calculated using a standard assumed EAP LMI group member load
of 625 kWh per month;
f. The distribution utility shall sign and date
the annual report; and
g
The reporting party signing the annual report shall state that the
information in the annual report is true, accurate, and complete, to the best
of the individual’s knowledge and belief.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 910.06 Non-Compliance, Revocation of Registration,
and Project Cancellation.
(a) The EAP LMI group host or utility shall contact
the department regarding any compliance issues related to annual reporting, project
de-registration, or project cancellation.
(b) EAP LMI group hosts shall provide a minimum of
6 months notice to the department and the distribution
utility if the project intends to withdraw as EAP LMI community solar group host.
(c)
The distribution utility shall notify affected
group members within 30 calendar days of the utility’s receipt of notice of an EAP
LMI project’s intent to cease operations as an EAP LMI group host.
(d)
The department may petition the commission to revoke the designation or registration
of the EAP LMI group host and assess fines against any EAP LMI group host which violates
the requirements of this chapter and rules adopted pursuant to RSA 362 A:9, XIV(j).
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 910.07 Confidentiality. The “Application to Register for EAP LMI
Community Solar Projects Group Net Metering” dated 4/2026, the host’s annual
report, the distribution utility’s annual report described in En 910 and any related
attachments provided to the department shall be public documents which shall be
disclosed by the department upon request, except that the department shall protect
from public disclosure to the extent permitted by law information that is considered
to be confidential, commercial, or financial, or other information the disclosure
of which would constitute an invasion of privacy in accordance with RSA 91-A:5. Notwithstanding the foregoing, any information
submitted to the department pursuant to this chapter shall be available to the department
for the preparation and public release of statistics and other metric and non-metric
data.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 910.08 Electronic Documents and Signatures. All documents and signatures referenced in this
chapter may be electronic as authorized pursuant to RSA 294-E.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
PART
En 911 GROUP NET METERING FOR CUSTOMER GENERATORS
GREATER THAN 1000 KILOWATTS AND LESS THAN 5000 KILOWATTS
En 911.01 Applicability. En 911 shall be applicable only to customer-generators
who elect to become municipal hosts as defined in En 902.27.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 911.02 Registration
and Re-Registration of Municipal Hosts.
(a) The process to register
as a municipal host shall be as follows:
(1) The customer-generator shall provide the department
with a completed “Application to Register, Re-register, or Modify a Host
Registration, for Group Net Metering,” dated 4/2026, available at the
department’s website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering.
Supporting documentation shall be submitted, when requested by the department, substantiating
how the group members qualify as a political subdivision under the statute; and
(2) The department
shall review the supporting documentation to ensure compliance with the statute
and shall notify the municipal host, within 30 days of
submission of the completed application, if the supporting documentation does not
meet the requirements of En 911.05.
(b) No customer-generator
shall begin acting as a municipal host until it has received a registration number
from the department.
(c) Within 90 days of
receipt of a complete municipal host registration application, the department shall
either issue the municipal host a registration number or deny the application.
(d) Re-registration shall
be required if:
(1) A registered
municipal host fails to comply with the annual report requirements of En 911.09 and the municipal host’s registration has expired;
and
(2) A customer-generator previously authorized as a
municipal host, that voluntarily surrendered its registration, seeks to re-activate
its registration.
(e) A re-registering
municipal host shall follow the requirements of (a)(1) above in this section.
(f) If a facility requests
that the department issue a provisional municipal host approval, the facility shall
provide the department with the information specified in En 911.08 and a timeline
that demonstrates compliance with those requirements at a specific date within 12
months from the date the provisional approval request is filed.
(g) Unless the department
denies a request for provisional approval for being incomplete or ineligible within
90 days of its filing, the department shall issue provisional approval, with a copy
provided to the distribution utility.
(h) A provisional approval
shall expire 12 months from the date of its issuance.
(i) A provisional approval does not supersede the requirement
to obtain a municipal host registration number pursuant to (b) above in this
section.
(j) Prior to receiving a municipal host registration number,
a customer-generator that received provisional approval shall provide the department
with an updated registration application that demonstrates current compliance with
En 911.08. The department shall act upon
the updated application as provided in (c) above in this section.
(k)
A municipal host may voluntarily surrender its municipal host registration
at any time through written submittal of its intent to do so to the department and
the distribution utility.
(l)
Upon request, a municipal host shall provide to
the department copies of any documents related to the municipal
host and its members that pertain
to meeting the intent and requirements of En 900.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 911.03 Transfer
of Registration Numbers.
(a) A municipal
host registration number may be transferred by the municipal host to another
host provided that the following conditions have
been met:
(1) The proposed
municipal host meets the definition of a municipal group net metering host pursuant
to En 902.27; and
(2) The proposed
municipal host shall serve as host of the same facility under the terms of the agreement
governing the existing host and group members.
(b) No less than 30 calendar
days following the date of the transfer of the group municipal host registration
number, the new group municipal host shall provide the department notice of
transfer by submitting the “Application to Register, Re-register, or Modify a
Host Registration, for Group Net Metering,” dated 4/2026, available at the
department’s website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering and provide a copy to the host’s distribution utility. If the new host is not adding new members as
part of the transfer, the host shall only complete “Tab A, Host Information,”
in the “Application to Register, Re-register, or Modify a Host Registration,
for Group Net Metering,” dated 4/2026.”
(c) In addition to the requirements in (b) above
in this section, if the applicant adds new members as part of the transfer of
registration, the applicant shall provide supporting documentation and
certifications for political subdivisions pursuant to En 911.02(a)(1) and En
911.05(a) as follows;
(1) All members qualify as political
subdivisions, pursuant to En 902.30; and
(2) For members outlined in En 911.05(a)(2), the department shall review and approve the addition of new members if the new members have not been previously approved by
the department as eligible political subdivision members.
(d) The individual signing the document has the
authority to sign and submit the application on behalf of the municipal host
and certifies that the information provided is true, accurate, and complete, to
the best of the individual’s knowledge and belief.
(e) The
applicant shall electronically file the document and any attachments to ENGY.GroupNetMetering@energy.nh.gov in a
format compatible with the computer system of the department. The department shall accept the document and
any attachments through the U.S. mail, by overnight express service, or by hand
delivery, if the applicant is unable to file the document electronically.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 911.04 Agreement.
(a) The municipal host
and its members shall sign an agreement, as defined in En 902.02, which shall include
but is not limited to the following:
(1) The contact
information for the municipal host and each member, including their names, billing
addresses, service addresses, account numbers, meter numbers, phone numbers, email
addresses, and name of distribution utility;
(2) The procedure
by which the municipal host will allocate and make payments to, and allocate and
collect payments from, its members, including the frequency and manner of such payments
and collection;
(3) The procedure
by which members may join, leave, or be removed from the group which procedure shall,
at a minimum, comply with and contain the language required by En 911.06(b);
and
(4) A binding
process for the resolution of any disputes arising under the agreement involving
the municipal host, its members, or among members, including disputes arising out
of the member removal process required by (a)(3) above in this section, which dispute
resolution process does not rely on the distribution utility, the department, or
the commission.
(b) On or after the
2026 effective date of this chapter, agreements in (a) above in this section shall
address notification to group members in the event of the suspension of payments
to the municipal group host account, which shall include how member compensation
is impacted.
(c) The municipal host
and each member shall sign an agreement attesting that the information provided
is true to the best of their knowledge and belief.
(d) A member that is
not participating in on-bill crediting with any other host may sign an agreement
with more than one host, but the portions of that member’s load which are allocated
to each host, when combined, shall not exceed that member’s total load.
(e) The requirements
of this section to sign an agreement shall not apply if the municipal host and members
are the same person or the same entity.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En
911.05 Municipal Host Group Membership
Requirements.
(a)
A municipal group host applicant shall demonstrate that each proposed group
member meets the definition of eligible political subdivision pursuant to RSA 362-A:1-a,
II-c and as follows:
(1) Confirm
that each group member is one of the following:
a. The
state of NH;
b. A city, town or county in NH; or
c. A school district, chartered public school, village
district, or school administrative unit in NH; or
(2) Confirm the identification
and documentation as a district or entity to specifically demonstrate that:
a. The specified entity is created for a special
purpose by one of the enumerated governmental units, specifically one of the
governmental units in (1), above in this section;
b. The specified entity is directly administered
by one of the enumerated governmental units, specifically one of the
governmental units in (1), above in this section; or
c. The specified entity is materially funded by one
of the enumerated governmental units, specifically one of the governmental
units in (1), above in this section.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 911.06 Municipal Host Group Changes.
(a)
Changes to municipal host groups shall be implemented as follows:
(1) The procedure by which members are added to and
removed from the group shall be defined in the agreement pursuant to En 911.04. The agreement shall describe how members may be
added, how members may leave voluntarily, and how members may be removed involuntarily. Municipal hosts using on-bill crediting shall
make changes to the group pursuant
to En 909.04(c);
(2) For members outlined in En 911.05(a)(1) , changes shall take
effect as follows:
a. The addition of a member shall become
effective on the member’s first meter read date immediately following the new
member’s addition;
b The departure of a member shall become
effective on the member’s first meter read date immediately following the
member’s date of departure;
c Departing members shall receive their
allocated share of any payments due from the host, and shall be responsible for
their allocated share of any payments due to the host, through the effective
date of their departure. The agreement shall describe how payments are to be
made between the host and members upon the departure of a member; and
d The host shall notify the department and
distribution utility of changes to the group membership, and the month in which
each such change occurred, on an annual basis, pursuant to En 911.09;
(3) For members outlined in En 911.05(a)(2), the department shall review and approve the
addition of new members if the new members have not been previously approved by
the department as eligible political subdivision members as follows.
a. The department shall have up to 20 business
days to make such a determination. Following
department approval, the group change shall proceed in accordance with (a)(2)
above in this section; and
b. For new members that have been previously
approved by the department, the host shall be responsible for identifying
members that have been previously approved, and the department shall not
undertake further review; and
(4) The
department shall also review requests to transfer the municipal host’s
registration number, changes to on-bill credit percentages, and increases to
the facility nameplate capacity. The department shall notify the utility and the
municipal host of its approval or denial within 30 business days following a
complete submission pursuant to En 911.08;
(b)
Unless the agreement provides otherwise, in the event of a municipal host’s
death or dissolution of the municipal host company, the meter(s) associated with
the aforementioned municipal host shall continue to be a part of the group until
removed according to the terms of the agreement or by order of a court of competent
jurisdiction. The legal representatives of
the aforementioned municipal host shall remain bound by the terms of the agreement,
unless the agreement provides otherwise.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 911.07 Duties of the Distribution Utility.
(a) The utility shall
review municipal group net metering registration applications when requested by
the department as follows:
(1) Verification
of the member account number(s) and meter number(s) except for municipal light accounts
which shall require verification of member account numbers;
(2) Verification
of the member load information;
(3) For members
participating in more than one group:
a. Verification that the total of the loads registered
in each group for that member’s meters or accounts do not exceed the member’s total
annual load associated with those meters or accounts; and
b. Verification that no individual member meter is
registered in more than one group that uses on-bill crediting;
(4) Review the
generation estimate for the municipal host to ensure the total load of the municipal
host and the group exceed the generation estimate; and
(5) For
existing interconnected facilities, evaluate the metering configuration for compliance
with requirements to net meter, including the scheduling of any necessary site visit
to the facility.
(b) The review described
in (a)(1) through (a)(5) above in this section shall be completed within 30 calendar
days of receipt of the department’s request. For review of existing facilities that have
site visits scheduled, the site visits shall be completed within 60 calendar days
of receipt of the department’s request.
(c) Payment to municipal
group hosts shall commence following approval of the municipal group registration
by the department as follows:
(1) Upon being
notified of a municipal group host registration and receipt of a municipal host
registration number, the first payment or credit shall be due for the billing cycle
beginning with the meter read date immediately following the effective date of the
municipal host’s registration, unless the meter read date is less than 10 business
days after the effective date, in which case the first payment shall be due for
the billing cycle beginning with the next meter read date;
(2) Upon being
notified of a municipal group host registration and receipt of a municipal host
registration number, the distribution utility shall thereafter pay the municipal
host for the host’s net excess electricity exported to the distribution system at
the end of each billing cycle in accordance with the commission approved utility
tariff provisions applicable to the municipal host’s customer class; and
(3) Billing or account errors identified following
the issuance of a municipal group registration shall not delay or prevent payment
to the municipal host. Bill credits shall
revert to the municipal host if the utility is unable to apply credits to any group
members until such time the member is replaced.
If a group member is identified as ineligible, the utility shall notify
the municipal host, and the host shall provide a replacement member to the
utility within 30 days.
(d) For municipal hosts
that receive default service from the distribution utility, the payments or credits
from the distribution utility for net excess electricity exported to the distribution
system shall be based on the distribution utility’s default service rate.
(e) For municipal hosts that that do not receive default service from the distribution
utility, no payments or credits shall be due from the distribution utility for net
excess electricity exported to the distribution system.
(f) By July 1 of each
year, the distribution utility shall:
(1) Review and verify load and account information
for all applicable reports filed pursuant to En 911.09. If discrepancies are discovered upon review, the
distribution utility shall notify the municipal host and the department for correction
and resubmission by the municipal host;
(2) Determine for the prior year whether the municipal
host’s net excess exported generation was less than or exceeded the group’s total
electricity use;
(3) If the municipal host’s excess exported generation
was greater than the municipal group’s total electricity use
during the prior year, calculate the payment adjustment to the municipal host;
(4) For purposes of calculating the payment adjustment
described in (f)(3) above in this section, the distribution utility shall be bound
by the avoided cost rate calculated by the department or by the distribution utility
for each specific municipal host, or the distribution utility’s default service
rate. The distribution utility shall calculate
whether it overpaid the municipal host for that excess generation according to section
(f)(3) above in this section, and bill the municipal host accordingly; and.
(5) Verify that the load of any member participating
in multiple groups is accounted for accurately within the report of each group to
which the member belongs and does not exceed the member’s total annual load.
(g)
If the municipal host’s registration is suspended pursuant to En 911.10,
or if the municipal host fails to timely file an annual report required by En 911.09,
the distribution utility shall cease making payments due pursuant to this chapter
beginning with the billing cycle that starts with the meter read date immediately
following the date of suspension or 2 months following the due date for the annual
report.
(h)
If the distribution utility ceased making payments pursuant to (g) above
in this section, the distribution utility shall resume making monthly payments or
providing monthly credits beginning with the billing cycle that starts with the
meter read date immediately following the municipal host’s re-registration or filing
of its annual report, as applicable. The
municipal host shall not be entitled to payments for any billing cycles with respect
to which payments were not made as a result of suspension or failure to timely file
any required annual reports.
(i) Any distribution utility serving registered municipal
hosts shall file an annual report with the department on or before July 1 of each
year covering the immediately preceding calendar year, and which report shall describe:
(1) The number and location of all registered municipal
group host facilities it serves;
(2) The generating capacity and renewable source of
each facility;
(3) Whether the group is using on-bill crediting;
(4) The payments to each municipal host; and
(5) The credits provided to each group municipal host
and members for groups using on-bill crediting.
(j)
Upon receipt of the annual report, the department may request additional information or
documentation in the event of a discrepancy in the annual report..
(k)
For any existing net metering customer-generator who becomes a municipal
host under this chapter, the distribution utility shall close out that customer-generator’s
net metering account and make any payments or bill credits due to the customer-generator
under the applicable tariff rate for standard or alternative net metering pursuant
to En 903.02(f) or En 903.02(g).
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 911.08 Application to Register or Re-Register as a
Host.
(a)
An applicant for registration or re-registration as a municipal group host
shall provide the department, with a copy to the applicable distribution utility,
a completed “Application
to Register, Re-register, or Modify a Host Registration, for Group Net Metering”
dated 4/2026, available
at the department’s website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering.
(b) In addition to the requirements in (a) above
in this section, the applicant shall provide supporting documentation for political
subdivisions pursuant to En 911.02(a)(1) and En 911.05(a).
(c)
In addition to the certifications outlined in En 909.06(b), the
applicant shall provide supportive documentation and certifications as follows:
(1) The system capacity is greater than 1 MW and
less than 5 MW;
(2) All members qualify as political subdivisions,
pursuant to En 902.30; and
(3) If any group members are purported to meet
the political subdivision qualification as outlined in En 911.05(a)(2)(b) and
(c), documentation supporting how the relevant members qualify under this
provision of the statute.
(d)
The individual signing the document has the authority to sign and submit
the application on behalf of the municipal host and certifies that the
information provided is true, accurate, and complete, to the best of the
individual’s knowledge and belief.
(e) The applicant shall electronically
file the document and any attachments to
ENGY.GroupNetMetering@energy.nh.gov
in a format compatible
with the computer system of the department.
The department shall accept the document and any attachments through the
U.S. mail, by overnight express service, or by hand delivery, if the applicant is
unable to file the document electronically.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 911.09 Annual Report.
(a)
The municipal host shall file with the department, on or before April
1 of each year after registration, the “Annual Report for Group Hosts” dated 4/2026,
available at the departments website at https://www.energy.nh.gov/renewable-energy/net-metering-and-group-net-metering/group-net-metering, and shall send a
copy of the report to the municipal host’s distribution utility.
(b)
Failure to timely file an annual report shall authorize the distribution
utility to cease making the payments provided for in En 911.07(g). The utility shall notify the department prior
to ceasing payments.
(c)
A host’s registration shall expire without further action by the department
if the host fails to file an annual report by October 1 of the year the annual report
is due.
(d)
The department shall notify the appropriate utilities of municipal hosts
whose registration has expired pursuant to (c) above in this section.
(e)
In addition to completing the “Annual
Report for Group Hosts” dated 4/2026, the group host shall provide supportive documentation, covering the immediately preceding calendar year as follows:
(1) Any changes to the municipal group as required
by En 911.06(a)(2) through (a)(4);
(2) A calculation, with supporting documentation,
for each month of the year, of the total electricity generated by the municipal
host’s facility; the total net electricity exported to the distribution system for
which the municipal host was compensated under these rules; the municipal host’s
total load for which it was billed by the utility; customer name; utility
account number; meter number; identifies as a residential customer, AHP, or LMI; the total billed load of
each member, and the total billed load of all members; and
(3) Each annual report shall
be signed and dated by the group host or its authorized representative who shall
certify the provisions outlined in En 909.07(f)(2).
(f)
The individual signing the document has the authority to sign and submit
the annual report and shall certify that the information in the annual report is
true, accurate, and complete, to the best of the individual’s knowledge; and
(g) The reporting party shall electronically
file the annual report to ENGY.GroupNetMetering@energy.nh.gov in a format compatible
with the computer system of the department.
The department shall accept the annual report through the U.S. mail, by overnight
express service, or by hand delivery, if the municipal host is unable to file the
report electronically.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 911.10 Sanctions for Failure to Comply.
(a)
The department shall petition the commission to suspend a municipal host’s
registration, for any of the following:
(1) A material misrepresentation of information required
by En 911.08, which, if accurately reported, would have resulted in the denial of
the application;
(2) A material violation of En 911 or RSA 362-A:9,
XIV; or
(3) A material violation of any applicable department
rules or commission order.
(b)
A municipal host whose registration was suspended may, at the end of the
period of suspension, seek reinstatement by submitting a re-registration application
pursuant to En 911.08.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 911.11 Confidentiality. The
“Application to Register, Re-register, or Modify a Host
Registration, for Group Net Metering” dated 4/2026, the municipal host’s annual
report, the distribution utility’s annual report described in En 911 and any related
attachments provided to the department shall be public documents which shall be
disclosed by the department upon request, except that the department shall protect
from public disclosure to the extent permitted by law information that is considered
to be confidential, commercial, or financial, or other information the disclosure
of which would constitute an invasion of privacy in accordance with RSA 91-A:5. Notwithstanding the foregoing, any information
submitted to the department pursuant to this chapter shall be available to the department
for the preparation and public release of statistics and other metric and non-metric
data.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 911.12 Electronic Documents and Signatures. All
documents and signatures referenced in this chapter may be electronic as authorized
pursuant to RSA 294-E.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
PART En 912 GROUP NET
METERING WITH ON-BILL CREDITS
En 912.01 Applicability. En 912 shall be applicable only to group hosts
who select on-bill monetary credits for their members or who are required to select
on-bill credits for their members, such as EAP LMI community solar project hosts
and LMI community solar project hosts.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
En 912.02 Election of On Bill Credits.
(a) A customer-generator
registering or re-registering a group with the department may elect in the application
for registration or re-registration for the group host and all group members to
receive on-bill credits.
(b) To elect on-bill monetary
credits, a group shall meet all
of the applicable requirements of this chapter
and the host shall provide
the additional information required pursuant to En 909.06(d).
(c) The host of a group for which on-bill monetary
credits have been elected shall specify the percentage of the net
metering credit monetary amount otherwise payable to the host to be allocated to
the host and to each group member on their respective distribution utility bills,
which percentage shall apply to the sum of the base net metering credit and the
additional credit amount described in En 909.09(c) for any group
registered as a LMI community solar project, pursuant to En 909.09(h).
(d) The percentage allocations
required in accordance with (c) above in this section shall be made initially in
the registration or re-registration application submitted by the host, and thereafter
any changes to such allocations shall be made in the group
change notification required to be submitted pursuant to En 909.04(c).
(e) For all groups receiving
on-bill monetary credits, the credit percentage allocations shall be subject to
the following restrictions:
(1) The percentage allocations shall total
100 percent; and
(2) Each group member’s total percentage
allocation shall be greater than zero.
(f) Upon receipt of a host registration number
for a group for which on-bill monetary credits have been elected under this section,
the distribution utility shall thereafter allocate a monetary credit on the host’s
and each member’s account as follows:
(1) A total monetary credit shall be calculated
for the host’s net excess electricity exported to the distribution system at the
end of each billing cycle based on the applicable net metering tariff and host rate class;
(2) The total monetary credit calculated
pursuant to (f)(1) above in this section shall be distributed to the host and the
group members as monetary credits on their monthly utility bills in accordance with
the percentage allocations specified in accordance with (c) through (e) above
in this section; and
(3) The monetary credit shall be separately
itemized on a customer’s bill and deducted from the balance due on the bill after
all applicable charges and all other credits.
(g)
A member meter in a group participating in on-bill crediting shall not be
a member of more than one group at the same time.
(h)
For groups participating in group net metering with on-bill crediting, changes
to the group members and allocation percentages shall be implemented as outlined
in En 909.04(c) and En 909.04(e)(4).
(i) Application of on-bill credits to group member
accounts shall commence following approval of the group registration by the department
as described in En 909.05(c).
(j)
For any group which elects to receive on-bill credits, the distribution utility
shall make available to the host through electronic mail, letter, or internet portal
the below information following the end of each host monthly billing cycle:
(1) The total net electricity
exports from the host’s facility during the billing cycle;
(2) The total amount of
on-bill monetary credits accrued to the host and group members during the billing
cycle; and
(3) The on-bill monetary credit allocated to the host
and each group member for the billing cycle.
(k) For any group which elects to receive on-bill
credits, the distribution utility shall provide to the host by January
30th of each year the load for each group member who was a member for any period
during the preceding calendar year, by such member’s monthly billing cycle during
the year.
Source. #14568, eff 4-27-26, EXPIRES: 4-27-36
APPENDIX
|
Rule |
Statute |
|
En
901 |
RSA
12-P:5, IV; RSA 362-A:1; RSA 362-A:9 |
|
En
902.01 |
RSA
12-P:5, IV; RSA 362-F:2, X-a |
|
En
902.02 |
RSA
12-P:5, IV; RSA 362-A:9, XIV |
|
En
902.03 |
RSA
12-P:5; IV; RSA 362-A:9, XVI |
|
En
902.04 |
RSA
12-P:5, IV; RSA 362-A:1-a, I-d |
|
En
902.05 |
RSA
12-P:5, IV; RSA 362-A:1-a, II-b |
|
En
902.06 - En 902.08 |
RSA
12-P:5, IV; RSA 362-A:9, X |
|
En
902.09 |
RSA
12-P:5, IV; RSA 362-F:2, X-a |
|
En
902.10 - En 902.11 |
RSA
12-P:5, IV; RSA 362-A:9, X; RSA 362-A:9, XIV |
|
En
902.12 |
RSA
12-P:5, IV; RSA 362-A:9, X |
|
En
902.13 |
RSA
12-P:5, IV; RSA 362-A:1-a,II-a; RSA 374-F:2, II |
|
En
902.14 |
RSA
12-P:5, IV; RSA 362-A:1-a, II-d |
|
En
902.15 |
RSA
12-P:5, IV; RSA 362-A:9, XIV(a) |
|
En
902.16 |
RSA
12-P:5, IV; RSA 362-A:9, X |
|
En
902.17 |
RSA
12-P:5, IV; RSA 362-A:9, XIV(a) |
|
En
902.18 - En 902.19 |
RSA
12:P:5, IV; RSA 362-A:9, X & XIV |
|
En
902.20 |
RSA
12-P:5, IV; RSA 362-A:1-a, II-e |
|
En
902.21 |
RSA
12-P:5, IV; RSA 362-A:9, XIV |
|
En
902.22 - En 902.23 |
RSA
12-P:5, IV; RSA 362-A:9, X |
|
En
902.24 |
RSA
12-P:5, IV; RSA 362-F:2, X-a |
|
En
902.25 |
RSA
12-P:5, IV; RSA 362-A:9, XIV |
|
En
902.26 |
RSA
12-P:5, RSA 362-A:9 |
|
En
902.27 |
RSA
12-P:5, IV; RSA 362-A:1-a, II-c |
|
En
902.28 |
RSA
12-P:5, IV; RSA 362-A:1-a, III-a |
|
En
902.29 |
RSA
12-P:5, IV; RSA 362-A:9, X |
|
En
902.30 |
RSA
12-P:5, IV; RSA 362-A:1-a, II-c |
|
En
902.31 - En 902.33 |
RSA
12-P:5, IV; RSA 362-A:9, X |
|
En
903.01(a)-En 903.01(b) |
RSA
12-P:5, IV; RSA 362-A:9 |
|
En
903.01(c) |
RSA
12-P:5, IV; RSA 362-A:9, II |
|
En
903.01(d)-En 903.01(e) |
RSA
12-P:5, IV; RSA 362-A:9 |
|
En
903.02(a)-(c) |
RSA
12-P:5, IV; RSA 362-A:9 |
|
En
903.02(d) |
RSA
12-P:5, IV; RSA 374-F:7 |
|
En
903.02(e)-(g) |
RSA
12-P:5, IV; RSA 362-A:9, X |
|
En
903.02(h) |
RSA
12-P:5, IV; RSA 362-A:9, IX |
|
En
903.03 |
RSA
12-P:5, IV, RSA 362-A:9, X(b) |
|
En
904 |
RSA
12-P:5, IV; RSA 362-A:9, X |
|
En
905 |
RSA
12-P:5, IV; RSA 362-A:9, X |
|
En
906 |
RSA
12-P:5, IV; RSA 362-A:9; RSA 374:15 |
|
En
907- En 908 |
RSA
12-P:5, IV; RSA 362-A:9, X |
|
En
909.01 - En 909.04 |
RSA
12-P:5, IV; RSA 362-A:9, XIV(a) |
|
En
909.05 |
RSA
12-P:5, IV; RSA 12-P:10; RSA 362-A:9, XIV; RSA 365:5; RSA 365:6; RSA 374:4 |
|
En
909.06 |
RSA
12-P:5, IV; RSA 362-A:9, X |
|
En
909.07 |
RSA
12-P:5, IV; RSA 362-A:9, XIV; RSA 362-F:10, IV |
|
En
909.08 |
RSA
12-P:5, IV; RSA 362-A:9, XIV(j) |
|
En
909.09 |
RSA
12-P:5, IV; RSA 362-A:9, XIV; RSA 362-A:9, XIX |
|
En
909.10 |
RSA
12-P:5, IV; RSA 91-A:5 |
|
En
909.11 |
RSA
12-P:5, IV; RSA 294-E |
|
En
910.01- En 910.02(b)(1) |
RSA
12-P:5, IV; RSA 362-A:9, XIV |
|
En
910.02(b)(2) - En 910.02(d) |
RSA
12-P:5, IV; RSA 362-A:9, XIV(d) |
|
En
910.02(e)-(k)(1) |
RSA
12-P:5, IV; RSA 362-A:9, XIV(e) |
|
En
910.02(k)(2) |
RSA
12-P:5, IV; RSA 362-A:9, XIV(d); RSA 362-A:9, XIV(f) |
|
En
910.02(k)(3) - En 910.02(k)(5) |
RSA
12-P:5, IV; RSA 362-A:9, XIV |
|
En
910.02(k)(6) |
RSA
12-P:5, IV; RSA 362-A:9, XIV(h) |
|
En
910.02(l)-(q) |
RSA
12-P:5, IV; RSA 362-A:9, XIV(e) |
|
En
910.03 - En 910.04 |
RSA
12-P:5, IV; RSA 362-A:9, X |
|
En
910.05(a) |
RSA
12-P:5, IV; RSA 362-A:9, XIV(d) |
|
En
910.05(b) |
RSA
12-P:5, IV; RSA 362-A:9, XIV(f) |
|
En
910.05(c) - En 910.06(c) |
RSA
12-P:5, IV; RSA 12-P:10; RSA 362-A:9, X & XIV; RSA 365:5; RSA 365:6; RSA
374:4 |
|
En
910.06(d) |
RSA
12-P:5, IV; RSA 362-A:9, XIV(j) |
|
En
910.07 |
RSA
12-P:5, IV; RSA 91-A:5 |
|
En
910.08 |
RSA
12-P:5, IV; RSA 294-E |
|
En
911.01 - En 911.04 |
RSA
12-P:5, IV; RSA 362-A:9, XIV(a) |
|
En
911.05 |
RSA
12-P:5, IV; RSA 362-A:1-a, II-c |
|
En
911.06 |
RSA
12-P:5, IV; RSA 362-A:1-a, II-c; RSA 362-A:9, XIV(a) |
|
En
911.07 |
RSA
12-P:5, IV; RSA 362-A:9, XIV |
|
En
911.08 |
RSA
12-P:5, IV; RSA 362-A:9, XIV(a) |
|
En
911.09 |
RSA
12-P:5, IV; RSA 362-A:9, XIV; RSA 362-F:10, IV |
|
En
911.10 |
RSA
12-P:5, IV; RSA 362-A:9, XIV(j) |
|
En
911.11 |
RSA
12-P:5, IV; RSA 91-A:5 |
|
En
911.12 |
RSA
12-P:5, IV; RSA 294-E |