New Hampshire Public Utilities Commission

New Hampshire Public Utilities Commission. The New Hampshire Public Utilities Commission is an independent regulatory agency within the State of New Hampshire responsible for ensuring safe, reliable, and reasonably priced utility services. It exercises jurisdiction over investor-owned electric utilities, natural gas distribution companies, water utilities, sewerage corporations, and certain aspects of the telecommunications industry. The commission's authority is derived from state statutes, primarily Title L of the New Hampshire Revised Statutes Annotated, and it operates as a quasi-judicial body, conducting formal adjudicative proceedings and rulemaking.

History

The commission was established by the New Hampshire General Court in 1911, following a national trend of creating state bodies to oversee rapidly expanding utility monopolies like railroads and electric companies. Its creation was influenced by the broader Progressive Era movement for government oversight of corporate power. Early regulatory efforts focused on setting just and reasonable rates for services provided by entities such as the Public Service Company of New Hampshire and various streetcar lines. Over the decades, its purview expanded significantly with the breakup of the Bell System in the 1980s, bringing telecommunications under its scope, and later with the restructuring of the electric industry following the Energy Policy Act of 1992 and subsequent state legislation like the New Hampshire Electric Utility Industry Restructuring Act of 1996.

Organization and structure

The agency is led by three full-time commissioners appointed by the Governor of New Hampshire and confirmed by the New Hampshire Executive Council. The commissioners serve staggered six-year terms, with one designated as chairman by the governor. The commission's professional staff is organized into several key divisions, including the Electric, Gas, and Water Division; the Telecommunications Division; the Finance Division; and the Safety Division. Adjudicative support is provided by hearing officers and legal staff, while the commission's operations are supported by an administrative division. The commission maintains its primary offices in the state capital.

Regulatory responsibilities

The commission's core duties include setting just and reasonable rates for utility services through formal rate cases, which examine a company's revenue requirements and proposed tariffs. It oversees the financial health and service quality of regulated utilities, ensuring compliance with state safety and reliability standards. In the telecommunications sector, it administers federal programs like the Federal Communications Commission's Lifeline and E-Rate programs within the state. The commission also reviews and approves the construction of major utility infrastructure, such as natural gas pipelines and electric transmission lines, and plays a central role in implementing state energy policies, including net metering and renewable portfolio standards.

Key cases and decisions

A landmark case was the commission's oversight of the Public Service Company of New Hampshire bankruptcy and the subsequent sale of its assets to Eversource Energy following the 2008 financial crisis. The commission's review of the Northern Pass transmission project, a major proposal to bring Hydro-Québec power into New England, was a protracted proceeding that concluded with the project's denial in 2018. Other significant dockets have involved the restructuring of Unitil's rates after severe storm responses, the approval of Liberty Utilities' acquisition of assets from EnergyNorth, and ongoing proceedings related to distributed energy resources and grid modernization.

Commissioners and leadership

As of 2023, the commission is chaired by Daniel C. Goldner, with commissioners Carleton Simpson and Pradip Chattopadhyay serving as associate members. Commissioners are required by statute to be free from any financial interest in the utilities they regulate. Past notable chairmen have included Michael Harrington and Thomas B. Getz. The commission's staff is led by an executive director, and key divisions are managed by directors specializing in engineering, finance, law, and safety. Appointments to the commission often reflect the policy priorities of the sitting Governor of New Hampshire.

Relationship with other agencies

The commission works closely with the New Hampshire Department of Energy, particularly on matters of energy policy, resource planning, and energy efficiency programs. It coordinates with the New Hampshire Department of Environmental Services on issues involving water quality and utility projects with environmental impacts. On interstate matters, it collaborates with regional bodies like the New England Power Pool and the Independent System Operator New England. The commission also interacts with federal agencies, including the Federal Energy Regulatory Commission on wholesale electricity markets and transmission rates, and the Federal Communications Commission on telecommunications policy. It is a member of the National Association of Regulatory Utility Commissioners.