DE 98-155
NEW HAMPSHIRE ELECTRIC COOPERATIVE, INC.
Petition for Licenses to Cross Public Waters in the Towns of
Holderness, New Durham, and Pittsburg, New Hampshire
Order NISI Granting Licenses for Electric Lines Over and Across
Public Waters
O R D E R N O. 23,036
October 6, 1998
The Petitioner, the New Hampshire Electric Cooperative,
Inc. (NHEC), filed on September 9, 1998, a petition under RSA
371:17 for authority to maintain electric lines over and across
public waters in the State of New Hampshire. The petition
specifically identifies 3 existing crossings located in 3 towns
which have not been previously licensed by the New Hampshire
Public Utilities Commission (Commission).
In order to meet the requirements of service to the
public, NHEC must maintain electric distribution lines over and
across certain public waters. These lines are an integral part
of NHEC's electric system.
The first crossing contains two spans between poles
3506/14.4 and 3506/14.3 and between poles 3506/14.3 and 3506/14.2
across Squam Lake located in Holderness, New Hampshire. This
crossing will be reconstructed in order to meet the requirements
of the 1997 National Electrical Safety Code (NESC) as depicted in
the submitted profile.
The second crossing contains one span between poles
314/72.6 and 314/72 across Merrymeeting Lake located in New
Durham, New Hampshire. This crossing will also be reconstructed
in order to meet the requirements of the 1997 NESC as depicted in
the submitted profile.
The third crossing contains one span between poles
7/88.5 and 7/89 across the Connecticut River located in
Pittsburg, New Hampshire. This crossing currently meets the
clearance requirements of the 1997 NESC.
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 over
and across public waters.
We find 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 the New Hampshire Electric
Cooperative, Inc. is authorized, pursuant to RSA 371:17 et seq.,
to maintain and operate electric lines over and across the public
waters of the State of New Hampshire at the 3 locations described
above, in the Towns of Holderness, New Durham, and Pittsburg, New
Hampshire, unless the Commission otherwise directs prior to the
proposed effective date; and it is
FURTHER ORDERED, that all future reconstruction to said
approved crossings shall conform to the requirements of the NESC
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 October 13, 1998 and to be documented by affidavit
filed with this office on or before October 20, 1998; and it is
FURTHER ORDERED, that NHEC notify the Towns of
Holderness, New Durham, and Pittsburg of this matter by serving a
copy of this order on the Town Clerks by first-class mail
postmarked no later than October 13, 1998, with said
notification to be verified by affidavit filed on or before
October 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 October 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 November 3, 1998; and it is
FURTHER ORDERED, that this Order Nisi shall be
effective November 5, 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 October, 1998.
Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary