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