DR 98-157 DR 98-158 DR 98-159 CHICHESTER, KEARSARGE AND MERIDEN TELEPHONE COMPANIES Earnings Investigations Order Approving Temporary Rates O R D E R N O. 23,092 December 21, 1998 On November 6, 1998, pursuant to Order No. 23,060, the New Hampshire Public Utilities Commission (Commission) held a hearing on the issue of temporary rates for Chichester, Kearsarge, and Meriden Telephone Companies for the pendency of their respective earnings investigations. Staff initiated the earnings investigations of these three companies. While Staff believes that at least two of the companies are over-earning, the companies assert that none are over-earning and two are under-earning. Nonetheless, at the hearing, the Parties and Staff reported their agreement that temporary rates for each of the companies should be set at current rates, effective upon the issuance of the Commission's order. Temporary rates are governed by RSA 378:27, which states: In any proceeding involving the rates of a public utility...,the commission may, after reasonable notice and hearing, if it be of the opinion that the public interest so requires, immediately fix, determine, and prescribe for the duration of said proceeding reasonable temporary rates, provided, however, that such temporary rates shall be sufficient to yield not less than a reasonable return on the costs of the property of the utility used and useful in the public service less accrued depreciation, as shown by the reports of the utility filed with the commission, unless there appears to be reasonable ground for questioning the figures in such reports. "The power conferred upon the Commission by this section to prescribe temporary rates extends to instances where either a rate reduction or increase is sought." Public Service Company of New Hampshire v. State, 102 N.H. 66, 150 A.2d 810 (1959), dismissed, Public Service Company v. State, 102 N.H. 150. In the instant cases, where there is a dispute as to the appropriate rate each company should be earning, the public good is well served by imposing temporary rates which will have the effect of protecting both ratepayers and the utility. There is no contention that current rates are confiscatory. Accordingly, we will order that temporary rates at current levels go into effect upon issuance of this order. Based upon the foregoing, it is hereby ORDERED, that temporary rates are imposed on Chichester, Kearsarge, and Meriden Telephone Companies at their respective current rates effective upon issuance of this order. By order of the Public Utilities Commission of New Hampshire this twenty-first day of December, 1998. Douglas L. Patch Susan S. Geiger Nancy Brockway Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary