SB177: (New Title) relative to orders of reparation by the public utilities commission and penalties against public utilities.

CHAPTER 309

SB 177 – FINAL VERSION

01/23/08 2499s

01/23/08 0190s

23Apr2008… 1142h

2008 SESSION

07-0692

06/01

SENATE BILL 177

AN ACT relative to orders of reparation by the public utilities commission and penalties against public utilities.

SPONSORS: Sen. Reynolds, Dist 2

COMMITTEE: Energy, Environment and Economic Development

AMENDED ANALYSIS

This bill requires penalties against public utilities or their agents to be distributed to the ratepayers.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/23/08 2499s

01/23/08 0190s

23Apr2008… 1142h

07-0692

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to orders of reparation by the public utilities commission and penalties against public utilities.

Be it Enacted by the Senate and House of Representatives in General Court convened:

309:1 Reparations. Amend RSA 365:29 to read as follows:

365:29 Orders for Reparation. [Whenever] On its own initiative or whenever a petition or complaint has been [made to] filed with the commission covering any rate, fare, charge, or price demanded and collected by any public utility, and the commission has found, after hearing and investigation, that an illegal or unjustly discriminatory rate, fare, charge, or price has been collected for any service, the commission may order the public utility which has collected the same to make due reparation to the person who has paid the same, with interest from the date of the payment. Such order for reparation shall cover only payments made within 2 years before the earlier of the date of the commission’s notice of hearing or the filing of the petition for reparation.

309:2 Penalty Against Utility. Amend RSA 365:41 to read as follows:

365:41 Penalty Against Utility. Any public utility which shall violate any provisions of this title, or fails, omits or neglects to obey, observe or comply with any order, direction or requirement of the commission, shall be subject to a civil penalty, as determined by the commission, not to exceed [$25,000] $250,000 or 2.5 percent of the annual gross revenue that the utility received from sales in the state, whichever is lower. Such penalties shall be applied to the benefit of the utility’s ratepayers through a credit to bills, or, if the credit is of an amount determined by the commission to be insignificant on a per customer basis, to programs that benefit low income ratepayers. No portion of any fine, nor any costs associated with an administrative or court proceeding which results in a fine pursuant to this section, shall be considered by the commission in fixing any temporary, permanent, or emergency rates or charges of such utility.

309:3 Penalty Against Agent. Amend RSA 365:42 to read as follows:

365:42 Penalty Against Agent. Every officer and agent of any such public utility who shall wilfully violate, or who procures, aids, or abets any violation of this title, or who wilfully fails to obey, observe, and comply with any order of the commission, or procures, aids or abets any such public utility in its failure to obey, observe, and comply with any such order or provision, shall be subject to a civil penalty, as determined by the commission, not to exceed [$10,000] $100,000 for each violation, [or for each day of a continuing violation]. Such penalties shall be distributed to the benefit of the utility’s ratepayers through a credit to bills, or, if the credit is of an amount determined by the commission to be insignificant on a per customer basis, to programs that benefit low income ratepayers.

309:4 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 2, 2008

Effective Date: August 31, 2008