Revision: Feb. 2, 2024, 12:21 p.m.
SB 595-FN - AS INTRODUCED
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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 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 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 adopted by order in a non-adjudicative proceeding within one year of the effective date of this paragraph. The non-adjudicative proceeding shall be noticed and shall include, at a minimum, stakeholder sessions and a public hearing.
(2) The commission 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.
(3) The commission 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.
(4) The formula shall exclude from actual capital and non-capital costs reimbursements from attaching entities for non-recurring costs.
(5) Within 30 days following its adoption of a formula by order, the commission shall conduct formal rulemaking to incorporate the formula 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 commission shall have the authority necessary to fulfill its duties under 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 commission; and, the authority to ensure that attaching entities have timely access to all such data.
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
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Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• 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