DE 98-075 ENERGYNORTH NATURAL GAS, INC. APPLICATION TO EXTEND WAIVER OF RULE PUC 505.04(C) Order Nisi Approving Application to Extend Waiver of Rule Puc 505.04(c) O R D E R N O. 22,980 July 13, 1998 On June 4, 1996, the Commission, in Docket No. DE 96-001, pursuant to Rule Puc 201.05, issued Order No. 22,183, granting EnergyNorth Natural Gas Inc.,(ENGI) a waiver of Rule Puc 505.04(b)(now Rule Puc 505.04(c)) related to periodic tests of meters in service. In lieu of the existing standards, the waiver allowed ENGI to implement an alternative methodology for meter testing based on a program entitled the "Statistical Sampling Plan". The objective of the new plan was to provide for the same level of meter accuracy coincident with reductions in testing costs due to operating efficiencies. On May 8, 1998, ENGI requested that the Commission (A) grant an extension of its waiver from compliance with Rule Puc 505.04(c); and (B) allow ENGI to continue to utilize the Statistical Sampling Plan attached to the filing as Exhibit A. In support of the request, ENGI states that utilization of the Statistical Sampling Plan has resulted in cost avoidance for its customers due to the creation of operating efficiencies in its meter accuracy and testing procedures. In addition, ENGI notes that overall meter accuracy rates have increased while the plan has been in effect. On July 10, 1998, Commission Staff, (Staff) submitted a memo recommending acceptance of the application for extension. Staff based its recommendation on a review of the application and annual meter test data for fiscal years 1996 and 1997. Staff concurred with ENGI's representation that test results indicated that meter accuracy has improved. Staff noted that it routinely analyzes meter accuracy and recommended that the alternative testing methodology be continued until the next general rulemaking or until Staff advises otherwise. Having reviewed Staff's memo, we concur with the recommendations contained therein and will approve the filing on a nisi basis in order to provide an opportunity for public input. Based upon the foregoing, it is hereby ORDERED NISI, that ENGI's application for extension of waiver of Rule Puc 505.04(c) related to periodic tests of meters in service is granted; and it is FURTHER ORDERED, that ENGI will utilize the Statistical Sampling Plan identified as Exhibit A in the filing in lieu of the provisions of Rule Puc 505.04(c) as the alternative method for testing meter accuracy; and it is FURTHER ORDERED, that the waiver shall remain in effect until otherwise directed by the Commission; and it is FURTHER ORDERED, that pursuant to N.H. Admin. Rules, Puc 1604.03 or Puc 1605.03, the Petitioner 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 20, 1998 and to be documented by affidavit filed with this office on or before July 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 August 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 August 10, 1998; and it is FURTHER ORDERED, that this Order Nisi shall be effective August 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 July, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary