Revision: Feb. 4, 2025, 8:42 a.m.
HB 710-FN - AS INTRODUCED
2025 SESSION
25-0613
06/08
HOUSE BILL 710-FN
AN ACT enabling electric utilities to own, operate, and offer advanced nuclear resources.
SPONSORS: Rep. Vose, Rock. 5; Rep. Ammon, Hills. 42; Rep. Berezhny, Graf. 11; Rep. Bernardy, Rock. 36; Rep. McFarlane, Graf. 18; Rep. Notter, Hills. 12; Sen. Lang, Dist 2; Sen. Watters, Dist 4; Sen. Pearl, Dist 17
COMMITTEE: Science, Technology and Energy
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ANALYSIS
This bill defines "advanced nuclear resource" (ANR) and includes ANR options alongside renewable energy sources for utility services, sets limitations and guidelines for investments in distributed electric generation, and clarifies the coordinator's duties in nuclear development and regulatory activities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0613
06/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT enabling electric utilities to own, operate, and offer advanced nuclear resources.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Electric Utility Restructuring; Definitions. Amend RSA 374-F:2 by inserting after paragraph II the following new paragraph:
II-a. “Advanced nuclear resource" (ANR) means any micro, mini, or small nuclear reactor having a generating capacity between 1 and 90 megawatts.
2 Restructuring Policy Principles. Amend RSA 374-F:3, V(f) to read as follows:
(f)(1) For purposes of subparagraph (f), "renewable energy source" (RES) means a source of electricity, as defined in RSA 362-F:2, XV, that would qualify to receive renewable energy certificates under RSA 362-F, whether or not it has been designated as eligible under RSA 362-F:6, III. "Advanced nuclear resource" or "ANR" shall have the same meaning as RSA 374-F:2, II-a.
(2) A utility shall provide to its customers one or more RES or ANR options, as approved by the commission, which may include RES or ANR default service provided by the utility or the provision of retail access to competitive sellers of RES or ANR attributes. Costs associated with selecting an RES or ANR option should be paid for by those customers choosing to take such option. A utility may recover all prudently incurred administrative costs of RES or ANR options from all customers, as approved by the commission.
(3) RES or ANR default service should have either all or a portion of its service attributable to a renewable energy source or advanced nuclear resource component procured by the utility, with any remainder filled by standard default service. The price of any RES or ANR default service shall be approved by the commission.
(4) Under any option offered, the customer shall be purchasing electricity generated by renewable energy sources or advanced nuclear resources, or the attributes of such generation, either in connection with or separately from the electricity produced. The regional generation information system of energy certificates administered by the ISO-New England and the New England Power Pool (NEPOOL) should be considered at least one form of certification that is acceptable under this program.
(5) A utility that is required by statute to provide default service from its generation assets should use any of its owned generation assets that are powered by renewable energy or advanced nuclear resources for the provision of standard default service, rather than for the provision of a renewable energy source or advanced nuclear resource component.
(6) Utilities should include educational materials in their normal communications to their customers that explain the RES or ANR options being offered and the health and environmental benefits associated with them. Such educational materials should be compatible with any environmental disclosure requirements established by the department.
(7) For purposes of consumer protection and the maintenance of program integrity, reasonable efforts should be made to assure that the renewable energy source or advanced nuclear resource component of an RES or ANR option is not separately advertised, claimed, or sold as part of any other electricity service or transaction, including compliance with the renewable portfolio standards under RSA 362-F.
(8) If RES or ANR default service is not available for purchase at a reasonable cost on behalf of consumers choosing an RES or ANR default service option, a utility may, as approved by the commission, make payments to the renewable energy fund created pursuant to RSA 362-F:10 on behalf of customers to comply with subparagraph (f).
(9) The commission shall implement subparagraph (f) through utility-specific filings. Approved RES or ANR options shall be included in individual tariff filings by utilities.
(10) A utility, with commission approval, may require that a minimum number of customers, or a minimum amount of load, choose to participate in the program in order to offer an RES or ANR option.
3 Investments in Distributed Energy Resources. Amend RSA 374-G:4, II to read as follows:
II. Distributed electric generation owned by or receiving investments from an electric utility under this section shall be limited to a cumulative maximum in megawatts of 6 percent of the utility's total distribution peak load in megawatts or 15 percent for advanced nuclear resources as defined in RSA 374-F:2, II-a. This limitation shall not apply to front-of-meter energy storage, the energy storage pilot approved by commission order number 26,209, or demand response.
III. In addition, once the cumulative generation authorized under this chapter for a given public utility reaches 3 percent or 8 percent for advanced nuclear resources as defined in RSA 374-F:2, II-a, of the utility's total distribution peak load in megawatts, then that utility shall not be allowed to add any additional non-renewable generation under this chapter, until the cumulative renewable generation installed pursuant to this chapter, as a percentage of total generation installed pursuant to this chapter, shall equal or exceed twice the sum of the then-applicable percentage requirements for class I and class II under RSA 362-F:3.
4 Coordination of Studies and Development Activities; Position Established. Amend RSA 162-B:4, III to read as follows:
III. The coordinator of nuclear development and regulatory activities shall have the duty to coordinate and produce the reports required by RSA 162-B:3, as well as coordinate the studies conducted, and the recommendations and proposals made, in this state with like activities in New England and other states and with the policies and regulations of the United States Nuclear Regulatory Commission. These activities may include the management of funding and oversight of nuclear incentive programs, such as those described by RSA 374-G:4, as well as outreach programs to inform and educate the public, particularly regarding safety.
5 Effective Date. This act shall take effect 60 days after its passage.
25-0613
Revised 2/3/25
HB 710-FN- FISCAL NOTE
AS INTRODUCED
AN ACT enabling electric utilities to own, operate, and offer advanced nuclear resources.
FISCAL IMPACT:
The Office of Legislative Budget Assistant states this bill has no fiscal impact on state, county and local expenditures or revenue.
AGENCIES CONTACTED:
Department of Energy