DE 98-100
PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE
Petition for Licenses to Cross Public Waters
Order Nisi Approving Electric Lines and Fiber Optic Cable
Over and Across Public Waters
O R D E R N O. 22,973
July 6, 1998
The Petitioner, Public Service Company of New Hampshire
(PSNH), filed on June 10, 1998, a petition under RSA 371:17 for
authority to construct and maintain electric lines and fiber
optic cable over and across public waters in the State of New
Hampshire. The petition specifically identifies 18 fiber optic
cable crossings and 2 existing electric line crossings in 8 towns
and 1 city. The fiber optic cable crossings are new crossings on
existing structures while the 2 existing electric line crossings
had not been previously licensed by the New Hampshire Public
Utilities Commission (Commission). On June 19, 1998, PSNH 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, PSNH must maintain electric lines over and across certain
public waters. These lines are an integral part of PSNH's
electric system. In order to upgrade the reliability and
capacity of the communications systems used in its electric
system operations, PSNH must install fiber optic cable over and
across certain public waters. These fiber optic cables will
become an integral part of PSNH's communications systems used in
its electric system operations. These fiber optic cable sections
are a continuation of the 5-COM project specified in Dockets DE
96-370 and DE 97-117.
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). PSNH and Staff agree that
these crossings fall within this definition.
PSNH proposes, at each crossing, to install an
underbuilt all dielectric self-supporting fiber optic cable,
known as ADSS cable. Detailed information regarding the
location, construction, and design of the crossings which PSNH
now seeks to license is provided in the petition.
Two existing electric water crossings in Keene are
unlicensed. Detailed information concerning these two crossings
in contained in PSNH's supplement to its petition.
Upon review of the filed documentation, Staff has
verified that all of these clearances meet the requirements of
the 1997 National Electrical Safety Code. PSNH has stated that
the use and enjoyment by the public of said public waters will
not be diminished in any material respect as a result of the
overhead line and cable crossings.
The Commission finds pursuant to RSA 374:17 such
crossings necessary for PSNH to enhance its service to its
electric customers within its authorized franchise area and to be
in the public good. In making this determination, the Commission
is not ruling on the question of whether the fiber optic cable is
prudent, used and useful for ratemaking/cost recovery purposes.
Based upon the foregoing, it is hereby
ORDERED NISI, that Public Service Company of New
Hampshire is authorized, pursuant to RSA 371:17 et seq., to
construct, maintain and operate electric lines and fiber optic
cable over and across the public waters of the State of New
Hampshire at the 18 locations described in the attachment to this
order, in the Towns of Antrim, Deering, Goffstown, Hillsborough,
New Boston, Swanzey, Weare, and Winchester, and in the City of
Keene for purposes of assisting PSNH in enhancing its service to
its electric customers, unless the Commission otherwise directs
prior to the proposed effective date; and it is
FURTHER ORDERED, that all construction and future
reconstruction to said approved crossings, shall 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 1604.03 or Puc 1605.03, PSNH shall cause a copy of this Order
Nisi to be published once in a statewide newspaper of general
circulation or of circulation in those portions of the state
where operations are conducted, such publication to be no later
than July 13, 1998, 1998 and to be documented by affidavit filed
with this office on or before July 20, 1998; and it is
FURTHER ORDERED, that PSNH notify the Towns of Antrim,
Deering, Goffstown, Hillsborough, New Boston, Swanzey, Weare, and
Winchester, and the City of Keene of this matter by serving a
copy of this order on the Town/City Clerk by first-class mail
postmarked no later than July 13, 1998, with said notification to
be verified by affidavit filed on or before July 20, 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 July 27, 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 August 3, 1998; and it is
FURTHER ORDERED, that this Order Nisi shall be
effective August 6, 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 sixth 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
Attachment
Petition
Reference
Town/City
Body of
Water
Transmission
Line
No.
From
Structure
To
Structure
a
Swanzey
Ashuelot
River
N186
#54
#55
b
Winchester
Ashuelot
River
N186
#150
#151
c
Goffstown
Glen Lake
Inlet
F162
#3
#4
d
Goffstown
Piscataquog
River
F162
#40
#41
e
Goffstown
Piscataquog
River
F162
#44
#45
f
New
Boston
Piscataquog
River
F162
#60
#61
g
Weare
Daniel's
Lake
F162
#78
#79
h
Weare
Daniel's
Lake
F162
#81
#82
i
Weare
Beaver Pond
F162
#165
#166
#167
#168
#169
#170
#166
#167
#168
#169
#170
#171
j
Deering-
Hillsborough
Contoocook
River
F162
#249
#250
k
Hillsborough
Contoocook
River
F162
#249
#250
l
Hillsborough
Contoocook
River
F162
#255
#256
m
New
Boston
Piscataquog
River
F162
#58
#59
n
Antrim
North
Branch
River
L163
#35
#36
o
Antrim
Steel's
Pond
L163
#44
#45
p*
Keene
Three Mile
Reservoir
L163
#240
#241
q
Keene
Ashuelot
River
L163
#272
#273
r*
Keene
Ashuelot
River
L163
#291
#292
*Existing unlicensed electrical water crossing requesting both
electric and fiber optic cable licenses.