DE 98-122 NEW HAMPSHIRE ELECTRIC COOPERATIVE, INC. Petition for License to Construct and Maintain Electric Submarine Cables Under and Across Public Waters of Squam Lake in the Towns of Center Harbor, Holderness and Moultonborough, New Hampshire Order Nisi Granting License for Electric Submarine Cables Under and Across Public Waters O R D E R N O. 22,997 August 5, 1998 The Petitioner, New Hampshire Electric Cooperative, Inc. (NHEC), filed on July 2, 1998, a petition under RSA 371:17 for authority to construct and maintain five submarine cables under and across Squam Lake within the towns of Center Harbor, Holderness, and Moultonborough. The petition specifically identifies 4 replacement submarine cable crossings and 1 new submarine cable crossing. This order will supersede orders #8275 and #8304 which were issued approving the replaced crossings at a lower voltage. On July 17, 1998, NHEC filed an addendum 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, NHEC must maintain electric submarine cables under and across certain public waters. These submarine cables are an integral part of NHEC's electric system. The four replacement submarine cables serve Long Island and Utopia Island. The new submarine cable is to supply a new customer located on Long Island. The first submarine cable crossing will begin at pole #3508.1/8 which replaces pole #15/168H located on Mooney Point in Holderness and will terminate at pole #3508.1/8.1 which replaces pole #7/168H1 located on Long Island in Holderness. This crossing will be 1/0 15 kV submarine cable and operated at 7.2 kV single phase. The second submarine cable crossing will begin at pole #3508.1/8.1 located on Long Island in Holderness and will terminate at pole #3508.1/8.2 which replaces pole #7/168H1A on Utopia Island located in Holderness. This crossing will be 1/0 15 kV submarine cable and operated at 7.2 kV single phase. The third submarine cable crossing will begin at pole #3508.1/8.1 located on Long Island in Holderness and will terminate at pole #3508.1/8.3 which replaces pole #7/168H2 located on Long Island in Center Harbor. This crossing will be 1/0 15 kV submarine cable and operated at 7.2 kV single phase. The fourth submarine cable crossing will begin at pole #3508.1/8.3 located in Center Harbor and will terminate at the pad-mounted transformer #3508.1/8.4 which replaces the overhead pole-mounted transformer #7/168H3 located on Long Island in Moultonborough. This crossing will be 1/0 15 kV submarine cable and operated at 7.2 kV single phase. No new easements will be required for these four submarine cables because they will be constructed within existing easements. Wetlands permits #98-00206, #98-00212, and #98-00273 from the New Hampshire Department of Environmental Services were obtained for this construction and copies of these permits are attached to the Petition. The fifth submarine cable crossing which serves new load will begin at pole #3508.1/8.3 located in Center Harbor and terminate at pad-mounted transformer #3508.1/8.5 which is new and located in Center Harbor. This crossing will be 1/0 15 kV submarine cable and operated at 7.2 kV single phase. A new easement was obtained for this fifth submarine cable crossing and a copy of the easement is attached with the Petition. Wetlands permits #98-00157 and #98-00278 from the New Hampshire Department of Environmental Services were obtained for this construction and copies of these permits are also attached to the Petition. NHEC has stated, and Staff agrees, that the use and enjoyment by the public of these public waters will not be diminished in any way as a result of the proposed submarine cables. 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 these crossings to be under public waters. The Commission finds such crossings necessary for NHEC to meet its obligation to provide reliable electric service within its authorized franchise area. Accordingly, we find that the crossings are 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 New Hampshire Electric Cooperative, Inc. is authorized, pursuant to RSA 371:17 et seq., to construct, maintain and operate electric submarine cables under and across the public waters of the State of New Hampshire at the 5 locations described above, in the Towns of Center Harbor, Holderness, and Moultonborough, unless the Commission otherwise directs prior to the proposed effective date; and it is FURTHER ORDERED, that all construction and future reconstruction to these 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, 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 August 12, 1998 and to be documented by affidavit filed with this office on or before August 19, 1998; and it is FURTHER ORDERED, that NHEC notify the Towns of Center Harbor, Holderness, and Moultonboro of this matter by serving a copy of this order on the Town Clerk by first-class mail postmarked no later than August 12, 1998, with said notification to be verified by affidavit filed on or before August 19, 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 26, 1998; and it is FURTHER ORDERED, that this Order Nisi shall be effective September 3, 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 fifth day of August, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Claire D. DiCicco Assistant Secretary