DE 97-116 NEW HAMPSHIRE ELECTRIC COOPERATIVE, INC. Petition for License to Construct and Maintain Electric Lines Over and Across Public Waters of the Pemigewasset River in Thornton, New Hampshire Order Nisi Granting License for Electric Lines Over Public Waters O R D E R N O. 22,935 May 14, 1998 On June 6, 1997, 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 three phase, 34.5 kV distribution line (extension) over and across the Pemigewasset River and within the corridor of the State-owned Concord to Lincoln Railroad in Thornton, New Hampshire. The proposed extension will provide opportunities for substantial, additional employment in the Campton/Thornton region and promote the continuing growth of tourist attractions for the area. On July 21, 1997, NHEC entered into a temporary construction agreement with the State of New Hampshire, by and through the New Hampshire Department of Transportation, Bureau of Rail and Transit, Concord, New Hampshire. Construction will be done in upland areas and will have no impact on the surrounding waters. Thus, no permit is required from the Department of Environmental Services' Wetlands Board. The proposed crossing will be one span with an overall length of 346 feet. NHEC has stated that the use and enjoyment by the public of the Pemigewasset River will not be diminished in any material respect as a result of the proposed tie-line. 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 over and 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 interest 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 three phase, 34.5 kV distribution line over the Pemigewasset River in Thornton, 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 Town of Thornton, such publication to be no later than May 21, 1998 and to be documented by affidavit filed with this office on or before May 28, 1998; and it is FURTHER ORDERED, that NHEC notify the Town of Thornton 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 28, 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 4, 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 11, 1998; and it is FURTHER ORDERED, that this Order Nisi shall be effective June 15, 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 fourteenth 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