Revision: Feb. 22, 2023, 1:01 p.m.
Rep. Vose, Rock. 5
February 6, 2023
2023-0360h
10/07
Amendment to HB 385
Amend the bill by replacing all after section 1 with the following:
2 Community Electric Aggregation Plans; Complaints. Amend RSA 53-E:7, X to read as follows:
X. The commission shall adopt rules, under RSA 541-A, to implement this chapter and, to the extent authorities granted to municipalities and counties by this chapter materially affect the interests of electric distribution utilities and their customers, to reasonably balance such interests with those of municipalities and counties for the public good, which may also be done through adjudicative proceedings to the extent specified or not addressed in rules. Such rules shall include but not be limited to rules governing the relationship between municipal and county aggregators and distribution utilities, metering, billing, access to customer data for planning and operation of aggregations, notice of the commencement or termination of aggregation services and products, and the reestablishment of a municipal or county aggregation that has substantially ceased to provide services. Where the commission has adopted rules or issued orders in conformity with this chapter, complaints [to] pertaining to actions undertaken or omitted by any municipal or county aggregator or electric distribution utility arising under this chapter, applicable rules, or orders of the commission, shall be made to the department. Thereupon, the department shall cause a copy of said complaint to be forwarded to the municipal or county aggregator or electric distribution utility complained of, which may be accompanied by an order, requiring that the matters complained of be satisfied, or that the charges be answered in writing within a time to be specified by the department. If the charges are not satisfied and it shall appear to the department that there are reasonable grounds therefor, it shall investigate the same in such manner and by such means as it shall deem proper. After investigation, the department may bring proceedings on its own motion before the commission, with respect to any complaint or violation arising under this chapter, applicable rules, or orders of the commission. If the party bringing the complaint is unsatisfied with the disposition of the complaint by the department, then they may petition the commission to resolve the matter through an adjudicative proceeding. Notwithstanding any other provision of law to the contrary, municipal and county aggregators shall be subject to the jurisdiction of the department for purposes of this paragraph. For non-residential ratepayers, the department shall docket and make public any received complaint. Complaints to the department and proceedings before the commission shall not be subject to RSA 541-A:29 or RSA 541-A:29-a.
3 Application of Amended Complaint Procedure; Community Electric Aggregation Plans. The procedure for complaints pursuant to RSA 53-F:7, X as amended by this act, shall apply to complaints filed with the department of energy on and after the effective date of this act.
4 Effective Date. This act shall take effect upon its passage.