DE 97-261 NEW HAMPSHIRE ELECTRIC COOPERATIVE Petition for License to Relocate Existing Electric Lines Over and Across Public Lands in the Town of Ossipee, New Hampshire Order Nisi Granting License for Electric Lines Over Public Lands O R D E R N O. 22,855 February 18, 1998 On December 11, 1997, the New Hampshire Electric Cooperative, Inc. (NHEC) filed with the New Hampshire Public Utilities Commission (Commission) a petition pursuant to RSA 371:17 to relocate a section of electric line currently located along Route 16 in Ossipee, New Hampshire to an adjacent location on public lands. NHEC is relocating this section of electric lines based on a request from the New Hampshire Department of Transportation (NHDOT), which is performing road work in the area and requires NHEC to move its facilities to another location. This relocation requires placing two anchors and performing right-of-way trimming in the Pine River State Forest. Construction will be done in upland areas and will have no impact on the surrounding waters. As such, no permit is required from the Department of Environmental Services' Wetlands Board. Finally, NHEC has attested and Staff agrees that the construction will meet or exceed the requirements of the 1997 National Electrical Safety Code as well as all other applicable safety standards. The definition of public lands pursuant to RSA 371:17 includes "any of the land owned by this state." Accordingly, construction across the Pine River State Forest requires our approval. Based on the evidence presented, we find the requested crossing of state land necessary for NHEC to meet its obligation to provide reliable electric service within its authorized franchise area, thus being in the public good. We will approve the crossing Nisi and will afford an opportunity for interested persons to comment on the petition and this order. Based upon the foregoing, it is hereby ORDERED NISI, that NHEC is authorized, pursuant to RSA 371:17, et seq., to relocate a section of electric line along Route 16 in Ossipee, New Hampshire. Two anchors may be placed and right-of-way tree trimming may be performed on the public lands of Pine River State Forest in the area depicted on drawing sheets (8 of 9) and (9 of 9) and other documentation on file with this Commission unless the Commission directs otherwise prior to the proposed effective date; and it is FURTHER ORDERED, that all reconstruction hereafter performed conform to the requirements of the National Electrical Safety Code and all other applicable safety standards in existence at that time; and it is FURTHER ORDERED, that pursuant to N.H. Admin. Rules, Puc 1601.05, NHEC shall cause a copy of this Order Nisi to be published once in a newspaper of general circulation in the Town of Ossipee, such publication to be no later than February 25, 1998 and to be documented by affidavit filed with this office on or before March 4, 1998; and it is FURTHER ORDERED, that NHEC notify the Town of Ossipee of this matter by serving a copy of this order on the Town Clerk by First Class U.S. Mail, said notification to be verified by affidavit filed on or before March 4, 1998; and it is FURTHER ORDERED, that all persons interested in responding to this petition be notified that they may submit their comments or file a written request for a hearing on this matter before the Commission no later than March 11, 1998; and it is FURTHER ORDERED, that any party interested in responding to such comments or request for hearing shall do so no later than March 18, 1998; and it is FURTHER ORDERED, that this Order Nisi shall be effective March 20, 1998, unless the Commission provides otherwise in a supplemental order issued prior to the effective date. By order of the Public Utilities Commission of New Hampshire this eighteenth day of February, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary