Revision: May 23, 2024, 1:52 p.m.
SB 595-FN - AS AMENDED BY THE HOUSE
03/07/2024 0787s
03/07/2024 1009s
23May2024... 1950h
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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AMENDED ANALYSIS
This bill:
I. Requires the department to investigate the use of a pole attachment rate formula and to develop and finalize such a formula if it meets certain criteria.
II. Requires the public utilities commission to maintain and report property information and to ensure attaching entities have access to them.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
23May2024... 1950h 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 department shall investigate the use of a pole attachment rate formula to be used by the Commission when resolving disputes consistent with paragraph VII, rather than a multi-part test.
(1) If the department determines through this investigation that the use of a formula would fully compensate pole owners for their portion of costs of owning, maintaining, and operating poles arising from pole attachments; not discriminate among or against any one attaching entity, including the pole owner; be transparent to all parties; and result in just and reasonable rates, the department shall develop and finalize such formula meeting these criteria no later than January 1, 2026. The costs of the proceeding may be assessed to parties pursuant to RSA 365:37, II. In conducting the required investigation, the department shall consider the interests of the parties as required in paragraph IV. Within 30 days following the close of the department’s proceeding, the commission shall conduct a formal rulemaking to incorporate the formula that gives consideration to the report delivered by the department.
(2) At the conclusion of the investigation, the department shall issue a report of its findings to the house science, technology and energy committee, and the senate energy and natural resources committee.
(b) Notwithstanding any other law, rule, or order to the contrary, the department shall have the authority necessary to conduct this investigation and implement this subdivision, 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 any formula adopted; 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, or any similar publicly available property information reported to the department pursuant to this section.
(c) Notwithstanding the foregoing, an electric distribution utility that sets pole attachment rates pursuant to a settlement approved by the commission on or before July 1, 2024 shall continue to do so until the next commission approved change of its base distribution rates after the commission concludes the investigation and any subsequent rulemaking pursuant to this subdivision.
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
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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