DR 98-012 GRANITE STATE ELECTRIC COMPANY Amended Offer of Settlement: Post-divestiture Tariff Pages Order Approving Tariff N.H.P.U.C. No. 17 - Electricity O R D E R N O. 23,005 August 31, 1998 On August 17, 1998, Granite State Electric Company (GSEC) filed with the Commission in accordance with Commission Order No. 22,981 (July 15, 1998) in this docket a revision to its tariff to reflect the retail tariff rates of GSEC effective after New England Power Company divests substantially all of its non-nuclear generation to USGen New England. GSEC states that all regulatory approvals required for the closing have been granted and that it anticipates the closing will occur by September 1, 1998. The post-divestiture tariffs filed by GSEC reflect a reduction in GSEC's stranded cost charge from the pre-divestiture rate of 2.8 cents per kWh to 1.4 cents per kWh and the elimination of the pre-divestiture Savings Credit. GSEC proposes that the Commission approve the post-divestiture tariff and rates effective upon the NEP/USGen New England closing pursuant to N.H. Admin. Rules Puc 1603.07(a)(2). The filing also reflects the elimination of the Electricity Consumption Tax which GSEC states it prematurely implemented in place of the Franchise Tax on July 1, 1998. GSEC cites the contingent enactment provision of RSA 83-E as support for its reinstatement of the Franchise Tax. Under RSA 83-E, the Electricity Consumption Tax does not become effective until "30 days after the public utilities commission shall certify to the commissioner of revenue administration that it has begun implementing such order ..." pertaining to retail electric competition as part of statewide electric restructuring. Laws of 1997, 347:6, II. GSEC proposes to reconcile any differences between the revenues it collected from the Electricity Consumption Tax and the revenues that would have been collected under the Franchise Tax and either refund or surcharge that amount. We have reviewed the proposed tariff pages and find that they conform with GSEC's Amended Offer of Settlement as filed by GSEC on July 10, 1998 and approved by this Commission on July 15, 1998 by Order No. 22,981. The closing of the NEP/USGen transaction will bring additional rate reductions to GSEC's customers consistent with the Amended Offer of Settlement and is in the public good. We will allow GSEC to reinstate the Franchise Tax. The applicable statute, Laws of 1997, 347:5,I, states that: If the statewide electric industry restructuring plan issued by order of the public utilities commission relative to competitive electric utility service requirements has not been implemented on or before January 1, 1998, this act shall take effect 30 days after the public utilities commission shall certify to the commissioner of revenue administration that it has begun implementing such order or any subsequent order relative thereto. Based on our approval of the voluntary amended settlement filed by GSEC and the New Hampshire Electric Cooperative's restructuring proposal which we approved orally on August 17, 1998, we have begun on a utility-by-utility basis electric restructuring; however, the statewide electric restructuring plan has not been implemented generally nor have we certified to the commissioner of revenue administration that we have "begun implementing" our restructuring plan. For those reasons, we will allow GSEC to bill and collect the Franchise Tax in rates until we issue an order otherwise. Based upon the foregoing, it is hereby ORDERED, that Granite State Electric Company's proposed post-divestiture tariff pages: First Revised Title Page First Revised Page 3 First Revised Page 34 First Revised Page 38 First Revised Page 41 First Revised Page 46 First Revised Page 51 First Revised Page 56 First Revised Page 61 First Revised Page 67 First Revised Page 71 First Revised Page 81 First Revised Page 84 Original Page 85; are APPROVED effective with the sale of New England Power Company's non-nuclear generating assets to USGen New England; and it is FURTHER ORDERED, that GSEC notify the Commission of the day of the closing. By order of the Public Utilities Commission of New Hampshire this thirty-first day of August 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary