DE 96-061
NEW HAMPSHIRE ELECTRIC COOPERATIVE, INC.
Petition for Licenses to Cross Public Waters
Order Nisi Approving Electric Lines Over and Across Public Waters
O R D E R N O. 22,860
February 24, 1998
The Petitioner, the New Hampshire Electric Cooperative,
Inc. (NHEC), filed on March 1, 1996 a petition under RSA 371:17
for authority to maintain electric lines over and across public
waters in the State of New Hampshire. The petition specifically
identifies 68 crossings located in 23 towns which have not been
previously licensed by the New Hampshire Public Utilities
Commission (Commission). On April 3, 1996, NHEC filed a
supplement to its petition in response to the New Hampshire
Public Utilities Commission Staff's (Staff) request for
additional information.
In order to meet the requirements of service to the
public, NHEC must maintain electric distribution lines over and
across certain public waters. These lines are an integral part
of NHEC's electric system.
RSA 371:17 defines public waters as "all ponds of more
than ten acres, tidewater bodies, and such streams or portions
thereof as the Commission may prescribe". The Commission has
defined these waters as "those streams which are commonly used
for navigation". 35 NHPUC 94 (1953). NHEC and Staff agree that
these crossings fall within this definition.
NHEC performed an internal review of its electrical
distribution system which uncovered sixty-eight (68) instances
where crossings had not been previously licensed. Detailed
information regarding the location, construction, and design of
the crossings which NHEC now seeks to license is provided in the
petition. NHEC hired a contractor to perform the field surveys
at each of the 68 locations.
On December 5, 1997, NHEC filed another supplement to
its petition that addressed 29 of the 68 water crossings. NHEC
contends that these 29 crossings are under 22,000 volts and meet
or exceed all requirements set forth by the National Electric
Safety Code (NESC) and are summarized in the attachment to this
order. The other 39 crossings are in the process of being re-designed and re-constructed to meet NESC requirements. This
order specifically addresses only the 29 crossings that meet NESC
requirements. The remaining 39 crossings will be addressed in a
supplemental order when they have been re-designed to meet NESC
requirements and appropriate documentation has been received,
reviewed, and accepted by this Commission.
Upon review of the filed documentation, Staff has
verified that all of these clearances do meet the requirements of
the 1997 National Electric Safety Code.
The Commission finds such crossings necessary for NHEC
to meet its obligations to serve customers within its authorized
franchise area and to be in the public good.
Based upon the foregoing, it is hereby
ORDERED Nisi, that the New Hampshire Electric
Cooperative is authorized, pursuant to RSA 371:17 et seq., to
maintain and operate electric lines over and across the public
waters of the State of New Hampshire at the 29 locations
described in the attachment to this order, in the Towns of
Barnstead, Bartlett(includes Harts Location), Bath, Conway,
Epping, Jackson, Lee, Lisbon, Nottingham, Sandown, and Wentworth,
unless the Commission otherwise directs prior to the proposed
effective date; and it is
FURTHER ORDERED, that all reconstruction hereafter
performed, to said approved crossings, shall conform to the
requirements of the National Electric 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, the Petitioner shall cause a copy of this Order Nisi
to be published once in a statewide newspaper of general
circulation, such publication to be no later than March 3, 1998
and to be documented by affidavit filed with this office on or
before March 10, 1998; and it is
FURTHER ORDERED, that NHEC notify the Towns of
Barnstead, Bartlett(includes Harts Location), Bath, Conway,
Epping, Jackson, Lee, Lisbon, Nottingham, Sandown, and Wentworth
of this matter by serving a copy of this order on the Town Clerk
by first-class mail postmarked no later than March 3, 1998, with
said notification to be verified by affidavit filed on or before
March 10, 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 17, 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 24, 1998; and it is
FURTHER ORDERED, that this Order Nisi shall be
effective March 26, 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 twenty-fourth 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
Petition Reference#
Town Body of Water Starting Line/Pole Ending Line/Pole
5 Barnstead Huntress Pond 2A/13 2A/14
6 Barnstead Huntress Pond 2A/7K 2A/7L
10 Bartlett Saco River 10/216 10/216A
11 Bartlett Saco River 10/92 10/93
14 Bartlett East Branch River 520/156 520/157
15 Bartlett East Branch River TR340 TR341
17 Bartlett Ellis River TR465 TR466
18 Bartlett Ellis River TR509 TR510
19 Bartlett Rocky Branch TR529.5 TR530
20 Bath Wild Ammunosic River 4A/28G 4A/28GI
23 Conway Saco River 4/11 4/12
26 Epping Lamprey River R2/20 R2/21
27 Epping Lamprey River R2/18 R2/19
28 Epping Lamprey River R2/23 R2/24
32 Harts Location Saco River 20/ 1/2 20/1
34 Harts Location Saco River 20/36 20/36A
36 Jackson Ellis River 6/137 6/138
38 Jackson Wildcat River 6/230 6/231
42 Jackson Ellis River 6/44 6/46
44 Lee Lamprey River 12/39.5 12/40
45 Lee North River 12/20 12/21
46 Lee North River 12/32 12/33
47 Lee Lamprey River 12C/16R 12C/16S
48 Lisbon Ammunosic River 1/14 1/15
49 Lisbon Ammunosic River 2X/35 2X/35A
57 Nottingham North River R2/140B R2/140C
62 Sandown Exeter River 14/43 14/44
66 Wentworth Baker River 7211/1 7211/2
67 Wentworth Baker River 72/202 72/203