Revision: March 7, 2024, 8:38 a.m.
Sen. Avard, Dist 12
March 6, 2024
2024-1009s
06/05
Floor Amendment to SB 595-FN
Amend the bill by replacing section 1 with the following:
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).