DR 96-150
STATEWIDE ELECTRIC UTILITY
RESTRUCTURING PLAN
Order Addressing Implementation Date
O R D E R N O. 22,971
July 1, 1998
Pursuant to RSA 374-F, as amended by Senate Bill
341, the Commission is required to implement retail choice
for all customers of utilities under its jurisdiction by
July 1, 1998, unless the Commission finds that delay is
required by events beyond the Commission's control. We
herein find that delay is unavoidable due to the amended
preliminary injunction issued by the United States District
Court in the litigation initiated by Public Service Company
of New Hampshire (PSNH) last year. The injunction applies
to enforcement actions of the Commission relative to PSNH,
the Unitil Companies, Connecticut Valley Electric Company
and Granite State Electric Company.
The preliminary injunction states that the
Commission is
enjoined from requiring any plaintiff, including
plaintiff/intervenors, to implement [RSA] 374-F in
accordance the New Hampshire Public Utilities
Commission's orders issued in the Electric
restructuring Docket DR 96-150, or requiring
plaintiffs to take any action under those orders,
including the filing of compliance plans.
A copy of the preliminary injunction, which was issued on
June 12, 1998, is attached to this order as Exhibit A. The
Commission is pursuing an expedited appeal of this order at
the First Circuit Court of Appeals.
Despite the obstacles created by the PSNH lawsuit,
we note that significant progress has been made in the case
of two utilities. In a special public meeting held on June
26, 1998, the Commission conditionally approved a settlement
proposal offered by Granite State Electric Company (GSEC)
and various other stakeholders. See Commission Docket, DR
98-012.
Finally, we note that the New Hampshire Electric
Cooperative Inc.(NHEC), has submitted a compliance filing
and we have established a procedural schedule to address
that filing. See DR 98-097. Although NHEC is not a
plaintiff in the federal court litigation, in Order No.
22,513 (February 28, 1997) we observed that NHEC's interim
stranded cost charges could be established only after a
decision was issued by the Federal Energy Regulatory
Commission relative to the wholesale requirements contract
between NHEC and PSNH. On May 29, 1998, FERC issued an
order which will enable us to establish NHEC's interim
stranded cost charges, and we intend to do so consistent
with FERC's decision. Nonetheless, this cannot be done by
July 1, 1998, again due to circumstances beyond the control
of the Commission.
Despite the fact that retail competition cannot be
accomplished by July 1, 1998 the Commission will endeavor to
implement retail competition consistent with our obligations
under state and federal law as soon as possible.
Based upon the foregoing; it is hereby
ORDERED, that it is in the public interest to
delay electric industry restructuring beyond July 1, 1998
due to circumstances beyond the control of this Commission.
By order of the Public Utilities Commission of New
Hampshire this first day of July, 1998.
Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary
1. PSNH et al., v. Patch et al., N.H. Case No. 97-97-JD,
R.I. Case No. 97-121L.
2.See, Order Dismissing Complaint, Directing Submittal of
Compliance Filing, and Rejecting Alternate Rate Schedule, 83
FERC 61,223 (May 29, 1998).