New Hampshire Code of Administrative Rules Puc - Public Utilities Commission
New Hampshire Code of Administrative Rules: Public Utilities Commission (PUC)
1. Overview of the Public Utilities Commission (PUC)
The New Hampshire Public Utilities Commission (PUC) is an independent state agency that regulates public utilities to ensure safe, reliable, and reasonably priced utility services for residents and businesses. The PUC oversees electric, gas, water, and telecommunications utilities, among others.
The Commission's authority is set forth in New Hampshire Revised Statutes Annotated (RSA) Chapter 363, and its administrative rules further detail procedural and substantive requirements to regulate utilities effectively.
2. Structure and Jurisdiction of the PUC
The PUC is composed of commissioners appointed by the Governor and Executive Council.
It has jurisdiction over rates, service quality, infrastructure investments, and compliance with state and federal laws.
It also adjudicates disputes between utilities and customers or among utilities themselves.
3. Key Administrative Rules Under the PUC
The PUC’s administrative rules are codified primarily in Puc 200-300 series, addressing:
Puc 200: General procedural rules — how hearings, filings, and appeals are conducted.
Puc 300: Utility-specific regulations — including rate cases, service standards, reporting requirements.
Puc 800-900: Consumer protection and complaint resolution.
Puc 1400: Energy efficiency programs and renewable energy standards.
4. Rate Setting and Tariff Approval
One of the PUC’s main functions is rate regulation — determining just and reasonable rates that utilities may charge customers.
Utilities must file rate proposals for approval.
The PUC holds hearings, reviews evidence, and may adjust rates.
Rate changes must balance the utility's financial viability with consumer protection.
5. Complaint and Enforcement Procedures
The PUC investigates complaints about service quality, billing disputes, or unfair practices.
It may impose penalties or order corrective action.
There are formal administrative hearings for contested cases under the Administrative Procedure Act (APA).
6. Consumer Protection and Reporting
Utilities must provide clear, accurate billing.
They must adhere to service reliability standards.
They must file regular reports on performance and compliance.
Relevant Case Law Related to the New Hampshire PUC
Case 1: Deference to the PUC’s Expertise
New Hampshire case: Public Service Co. of New Hampshire v. PUC, 118 N.H. 236 (1978)
The Supreme Court of New Hampshire recognized that the PUC has specialized expertise in utility regulation.
Courts generally defer to the PUC’s findings and decisions if they are supported by substantial evidence.
The PUC’s interpretation of statutes governing utilities is given great weight unless clearly erroneous.
Implication: This case affirms that courts will uphold the PUC’s decisions on matters such as rate approval and service standards, provided the Commission follows proper procedure and bases its decisions on evidence.
Case 2: Rate Setting and Just and Reasonable Rates
New Hampshire case: Public Service Co. of New Hampshire v. PUC, 110 N.H. 323 (1970)
The Court upheld the PUC’s authority to set utility rates that ensure both fair returns to utilities and protect consumers.
It emphasized the balancing act in rate setting: rates must not be confiscatory (too low) or excessive (too high).
Implication: This case confirms the PUC’s role in balancing interests and its discretion in establishing rates based on financial and operational evidence.
Case 3: Enforcement and Procedural Fairness
New Hampshire case: In re Merrimack Village District, 133 N.H. 119 (1990)
The Court reinforced that the PUC must follow procedural fairness, including proper notice and hearing rights, in enforcement actions against utilities.
Utilities have the right to challenge complaints and penalties through formal hearings.
Implication: This case underlines the importance of due process in PUC administrative proceedings, ensuring utilities receive fair treatment.
Summary
The New Hampshire Public Utilities Commission (PUC) regulates utilities through administrative rules that establish procedures, rate-making, consumer protections, and enforcement.
The PUC has broad authority but must act fairly, transparently, and on evidence.
Courts generally defer to the PUC’s expertise but require that the Commission follow statutory mandates and procedural due process.
Key cases emphasize deference to the PUC’s technical expertise, uphold its role in setting fair rates, and protect procedural rights.
RELATED Blog
0 comments