DE 98-020 NEW HAMPSHIRE ELECTRIC COOPERATIVE, INC. Petition for License to Construct and Maintain Electric Lines Across Public Waters of Lake Winnepesaukee in the towns of Moultonboro and Tuftonboro, New Hampshire Order Nisi Granting License for Electric Lines Across Public Waters O R D E R N O. 22,932 May 13, 1998 On February 25, 1998, New Hampshire Electric Cooperative (NHEC) filed with the New Hampshire Public Utilities Commission (Commission) a petition pursuant to RSA 371:17 to construct and maintain a new radial, 7200 Volt, submarine cable (extension) across Lake Winnepesaukee within the towns of Moultonboro and Tuftonboro, New Hampshire. The proposed extension will provide substantial voltage support to and will greatly enhance reliability for Devens Island and The Little Bear Islands. This line will be served from pole #150/11.4 located on Long Island, Moultonboro, NH and will terminate at pole #173/66 located on Devens Island, Tuftonboro, NH. No new easements will be required for this job because it will be constructed within an existing easement. Pole #150/11.4 is located within the public Right Of Way of the Long Island Road. NHEC stated in a letter dated July 10, 1997 that the New Hampshire Department of Transportation has been notified of this project and, as required by state statute, a petition for buried cable will be submitted following construction. The access to the termination pole, #173/66, located on Devens Island is covered by an existing easement acquired for a cable crossing to Little Bear Island. The owner of Devens Island has been notified of the proposed submarine cable, as required by the New Hampshire Department of Environmental Services. NHEC has stated that the use and enjoyment by the public of Lake Winnepesaukee will not be diminished in any way as a result of the proposed radial submarine cable. NHEC has attested and Staff agrees that the construction of the crossing 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 waters contained in RSA 371:17 includes "all ponds of more than ten acres, tidewater bodies, and such streams or portions thereof as the Commission may prescribe." The Commission prescribes this crossing to be across public waters. The Commission finds such a crossing necessary for NHEC to meet its obligation to provide reliable electric service within its authorized franchise area. Accordingly, we find that the crossing is in the public good. Therefore, we will approve the petition on a Nisi basis in order to provide any interested party the opportunity to submit comments on said petition or to request a hearing. Based upon the foregoing, it is hereby ORDERED NISI, that NHEC is authorized, pursuant to RSA 371:17, et seq., to construct and maintain a radial submarine cable across Lake Winnepesaukee in the towns of Moultonboro and Tuftonboro, New Hampshire as well as associated plant depicted in 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 Towns of Moultonboro and Tuftonboro, New Hampshire, such publication to be no later than May 20, 1998 and to be documented by affidavit filed with this office on or before May 27, 1998; and it is FURTHER ORDERED, that NHEC notify the Town of Moultonboro and Tuftonboro, New Hampshire 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 May 27, 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 June 3, 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 June 10, 1998; and it is FURTHER ORDERED, that this Order Nisi shall be effective June 12, 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 thirteenth day of May, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary