HB 1391 – AS INTRODUCED
2012 SESSION
06/05
HOUSE BILL 1391
AN ACT relative to transmission and distribution utility line extension construction and relative to pole attachments.
SPONSORS: Rep. Lambert, Hills 27
COMMITTEE: Science, Technology and Energy
This bill establishes standards governing transmission and distribution utility line extension practices, including standards for charges for line extensions, limits on cost recovery, standards for charges for make-ready work, customer service requirements, and requirements for accounting of line extension construction costs.
This bill also clarifies standards for boxing lines or cables.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2555
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to transmission and distribution utility line extension construction and relative to pole attachments.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Transmission and Distribution Utility Line Extension Construction. Amend RSA 378 by inserting after section 49 the following new subdivision:
Transmission and Distribution Utility Line Extension Construction
378:50 Definitions. In this subdivision:
I. “Line” means an electric distribution line, including poles and other related structures.
II. “Make-ready work” means work necessary to connect a line extension to existing utility infrastructure.
378:51 Standards for Charges for Line Extension Construction. The commission shall establish by rule standards for charges by transmission and distribution utilities for line extensions. The commission shall require that charges be based on actual costs including but not limited to tree cutting, ledge drilling, and other labor, materials, and equipment costs, and must include an additional amount established by the commission as a reasonable rate of return. The commission shall ensure that any contributions by a telephone utility to a transmission and distribution utility’s line extension construction costs are not included in such charges. The commission shall remove any subsidy concerning line extension construction costs from the telephone ratepayers, and any costs charged by a telephone company for line extension construction must be actual costs. A transmission and distribution utility shall provide cost estimates and shall charge for line extensions in accordance with the standards established by the commission, shall annually update its charges to account for cost changes, and shall report its charges to the commission for review for consistency with the standards.
378:52 Cost Recovery.
I. Any cost associated with construction of a line extension that is not recovered by a transmission and distribution utility through its charges established in accordance with RSA 378:51 shall be borne by the utility and may not be recovered from ratepayers.
II. Any undercollected cost associated with construction of a line extension constructed after 2000 that has been recovered by a transmission and distribution utility from ratepayers shall be returned to ratepayers and borne by the utility in accordance with rules adopted by the commission.
378:53 Make-ready Work. In accordance with rules adopted by the commission, a transmission and distribution utility shall charge nonresidential customers the actual costs of all make-ready work. A transmission and distribution utility may not charge a residential customer for make-ready work.
378:54 Customer Service Requirements. The commission shall establish by rule customer service standards that a transmission and distribution utility shall meet in undertaking line extensions. The standards shall include:
I. Information that must be provided to the customer on initial contact, including information about the customer’s rights and options with respect to the construction of a line extension; and
II. Time frames for undertaking site visits, providing a cost estimate, and undertaking construction, inspection, and final connection of the line extension.
378:55 Contribution in Aid of Construction. The commission shall establish by rule standards for a transmission and distribution utility’s accounting of line extension construction costs, which shall include all actual costs and the allowed rate of return under RSA 378:51. To the extent allowable under federal law, the transmission and distribution utility shall use this accounting for purposes of calculating any contribution in aid of construction under 26 U.S.C. section 118.
378:56 Rulemaking. The commission shall adopt rules, pursuant to RSA 541-A, to enforce provisions of this subdivision.
2 Amend RSA 374:34-a, I and II to read as follows:
374:34-a Pole Attachments. In this subdivision:
I.(a) “Boxing” means the placement of lines or cables, or both, on the road side and the field side of a pole.
(b “Extension arm” means a bracket attached to a utility pole to provide support for cables or wires at a distance from the pole.
(c) [In this subdivision, a] “Pole” means any pole, duct, conduit, or right-of-way that is used for wire communications or electricity distribution and is owned in whole or in part by a public utility, including a rural electric cooperative for which a certificate of deregulation is on file with the commission pursuant to RSA 301:57.
II. A pole owner shall provide a party seeking pole attachments cost effective options for access to poles. Whenever a pole owner is unable to reach agreement with a party seeking pole attachments, the commission shall regulate and enforce rates, charges, terms, and conditions for such pole attachments, with regard to the types of attachments regulated under 47 U.S.C. section 224, to provide that such rates, charges, terms, and conditions are just and reasonable. This authority shall include but not be limited to the state regulatory authority referenced in 47 U.S.C. section 224(c).
3 Pole Attachments. Amend RSA 374:34-a, VI to read as follows:
VI.(a) Any pole owner shall provide nondiscriminatory access to its poles for the types of attachments regulated under this subdivision. A pole owner may deny access to its poles on a nondiscriminatory basis where there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes.
(b) In the event that a pole cannot accommodate additional attachments without moving the existing attachments on such pole, the pole owner shall, in the absence of a specific safety concern, make available to the party seeking the attachment other reasonable accommodation, including but not limited to, boxing or utility arm extensions.
4 New Section; Boxing. Amend RSA 374 by inserting after section 34-a the following new section:
374:33-b Boxing.
I. A pole owner may restrict boxing in a manner consistent with applicable codes, including the National Electrical Safety Code.
II. No pole owner shall restrict boxing based solely on the restrictions it places on its own internal practice of boxing.
III. Any boxing shall be safely accessible by bucket trucks, ladders, or emergency equipment.
IV. A pole owner shall, in writing, grant or deny permission to use boxing within 30 days of receiving a request. Such pole owner shall include with any denial its reasons for denying the request.
5 Effective Date. This act shall take effect 60 days after its passage.