SB 595-FN - AS AMENDED BY THE SENATE
03/07/2024 0787s
03/07/2024 1009s
2024 SESSION
24-3152
06/05
SENATE BILL 595-FN
AN ACT relative to the rates for pole attachments.
SPONSORS: Sen. Avard, Dist 12; Sen. Bradley, Dist 3; Sen. Carson, Dist 14
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill grants the public utilities commission the authority to create and enforce a pole attachment formula.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/07/2024 0787s
03/07/2024 1009s 24-3152
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the rates for pole attachments.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; General Regulations; Pole Attachment Formula. Amend RSA 374:34-a by inserting after paragraph VIII the following new paragraph:
IX.(a) The commission shall use a pole attachment formula developed by the department rather than a multi-part test when either reviewing or setting rates for pole attachments or both reviewing and setting rates for pole attachments.
(1) The formula shall be developed by the department in a non-adjudicative proceeding within 18 months of the effective date of this section, the costs of which may be assessed to pole owners pursuant to RSA 365:37, II.
(2) The formula shall be based on a historic or original cost methodology that relies on data derived from FERC Form 1 or Automated Reporting Management Information System (ARMIS) reports or other information made publicly available by public utilities.
(3) The department shall give deference to the Federal Communications Commission formulae in 47 C.F.R. section 1.1406(d) and the requirements in section 1.1404(f) and section 1.1406(e) but may consider any formulae in existing stakeholder agreements in developing the formula.
(4) The department shall ensure the formula does not discriminate among or against any one attaching entity, including the utility; that it adequately compensates the utility for the portion of its costs of owning, maintaining, and operating poles arising from a pole attachment; and that the resulting rates will be just and reasonable.
(5) The formula shall exclude from actual capital and non-capital costs reimbursements from attaching entities for non-recurring costs.
(6) Within 30 days following the close of the department’s non-adjudicative proceeding, the commission shall conduct formal rulemaking to incorporate the formula developed by the department into its rules, to adopt rules for accelerated dispute resolution, and to make any other necessary changes to its rules regarding attachment disputes.
(b) Notwithstanding any other law, rule, or order to the contrary, the department shall have the authority necessary to implement this section, including but not limited to the authority to require public utilities to maintain the records necessary to track substantial assets and investment in an accurate auditable manner that enables accurate calculation of pole attachment rates in accordance with the formula; the authority to require public utilities to report such property information to the department; and, the authority to ensure that attaching entities have timely access to ARMIS, FERC Form 1 and similar publicly available information.
(c) Notwithstanding the foregoing, an electric distribution utility that sets pole attachment rates pursuant to a settlement approved by the commission on or before the effective date of this section shall continue to do so until the next commission approved change of its base distribution rates after the commission concludes the rulemaking pursuant to subparagraph IX(a)(6).
2 Effective Date. This act shall take effect July 1, 2024.
24-3152
Revised 2/2/24
SB 595-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the rates for pole attachments.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $110,700 | $110,700 | $110,700 | ||
Revenue Fund(s) | Utility Assessment Revenue
| |||||
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Funding Source(s) | Utility Assessment Revenue
| |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
| |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No | ||||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
METHODOLOGY:
This bill grants the Public Utilities Commission (PUC) the authority to create and enforce a pole
attachment formula.
The PUC indicates it does not have the resources necessary to provide alternative dispute resolution, if this is what is intended by “accelerated dispute resolution,” or to require public utilities to maintain and provide the data required by proposed subsection IX(b). The Commission estimates that an additional full-time Utility Analyst IV position would be required to implement the provision of the bill. This position would be funded by an assessment at an estimated annual cost of $110,700 which includes salary, benefits and operating expenses. The PUC states the effect of this bill, if any, on utility rates and on county and local government expenditures, as well as additional state expenditures, is indeterminable.
AGENCIES CONTACTED:
Public Utilities Commission
| Date | Amendment |
|---|---|
| Feb. 20, 2024 | 2024-0787s |
| March 7, 2024 | 2024-1009s |
| Date | Body | Type |
|---|---|---|
| Feb. 20, 2024 | Senate | Hearing |
| March 7, 2024 | Senate | Floor Vote |
| March 21, 2024 | Senate | Floor Vote |
| April 15, 2024 | House | Hearing |
| April 29, 2024 | House | Exec Session |
April 24, 2024: Executive Session: 04/29/2024 10:30 am LOB 302-304
April 24, 2024: Full committee Work Session: 04/29/2024 09:00 am LOB 302-304
April 5, 2024: Public Hearing: 04/15/2024 09:00 am LOB 302-304
April 2, 2024: Introduced (in recess of) 03/28/2024 and referred to Science, Technology and Energy HJ 10
March 21, 2024: Ought to Pass: MA, VV; OT3rdg; 03/21/2024; SJ 7
March 13, 2024: Committee Report: Ought to Pass, 03/21/2024, Vote 7-0; SC 11
March 7, 2024: Ought to Pass with Amendments 2024-0787s, and 2024-1009s, MA, VV; Refer to Finance Rule 4-5; 03/07/2024; SJ 6
March 7, 2024: Sen. Avard Floor Amendment # 2024-1009s, AA, VV; 03/07/2024; SJ 6
March 7, 2024: Committee Amendment # 2024-0787s, AA, VV; 03/07/2024; SJ 6
Feb. 21, 2024: Committee Report: Ought to Pass with Amendment # 2024-0787s, 03/07/2024, Vote 4-0; SC 9
Feb. 13, 2024: Hearing: 02/20/2024, Room 103, SH, 09:45 am; SC 8
Feb. 2, 2024: Introduced 01/18/2024 and Referred to Energy and Natural Resources; SJ 3