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Home » US Law » 2022 New Hampshire Revised Statutes » Title XXXIV - Public Utilities » Title 362-A - Limited Electrical Energy Producers Act

Section 362-A:1 – Declaration of Purpose.

    362-A:1 Declaration of Purpose. – It is found to be in the public interest to provide for small scale and diversified sources of supplemental electrical power to lessen the state’s dependence upon other sources which may, from time to time, be uncertain. It is also found to be in the public interest to encourage […]

Section 362-A:1-a – Definitions.

    362-A:1-a Definitions. – In this chapter: I. " Bio-oil " means a liquid renewable fuel derived from vegetable oils, animal fats, wood, straw, forestry byproducts, or agricultural byproducts using noncombustion thermal, chemical, or biological processes, including, but not limited to, distillation, gasification, hydrolysis, or pyrolysis, but not including anaerobic digestion, composting, or incineration. I-a. […]

Section 362-A:2 – Exemptions.

    362-A:2 Exemptions. – Qualifying small power producers and qualifying cogenerators shall be exempt from all rules and statutes relative to electric utility rates or relative to the financial or organizational regulation of electric utilities. Source. 1978, 32:1. 1983, 395:2, eff. Aug. 21, 1983.

Section 362-A:2-a – Purchase of Output by Private Sector.

    362-A:2-a Purchase of Output by Private Sector. – I. A limited producer of electrical energy shall have the authority to sell its produced electrical energy to not more than 3 purchasers other than the franchise electric utility, unless additional authority to sell is otherwise allowed by statute or commission order. Such purchaser may be […]

Section 362-A:2-b – Authorization of Pilots.

    362-A:2-b Authorization of Pilots. – I. In this section, the terms "capacity commitment period," "capacity supply obligation," "coincident peak demand," and "load-serving entity (LSE)" shall have the meanings as used by ISO New England, Inc. (ISO-NE). II. The public utilities commission is authorized to approve one or more proposed pilots of the concepts expressed […]

Section 362-A:4 – Payment by Public Utilities for Purchase of Output.

    362-A:4 Payment by Public Utilities for Purchase of Output. – Public utilities purchasing electrical energy in accordance with the provisions of this chapter shall pay rates per kilowatt hour to be set from time to time by the commission. Such rates shall be based on the purchasing utility’s avoided costs. The commission may set […]

Section 362-A:4-a – Additions to Capacity of Small Power Production Facilities.

    362-A:4-a Additions to Capacity of Small Power Production Facilities. – Any qualifying small power production facility already subject to rates established by order of the commission may increase its capacity and energy or energy, provided it continues to be a small power production facility. Any capacity additions and the associated energy additions or the […]

Section 362-A:4-c – Consideration by the Commission.

    362-A:4-c Consideration by the Commission. – I. The commission shall independently and expeditiously consider any mutually acceptable agreement for the buydown, buyout, or renegotiation of any existing commission order providing for qualifying facility power sales or power purchase agreement regardless of the status of any other such pending renegotiations. II. The commission shall not […]

Section 362-A:4-d – Retention of Savings by Electric Utility.

    362-A:4-d Retention of Savings by Electric Utility. – An electric utility that is party to an approved renegotiation of a commission order under RSA 362-A:4-c shall be entitled to retain 20 percent of the savings resulting from such renegotiation. Source. 2000, 249:1. 2001, 29:8, eff. May 22, 2001.

Section 362-A:5 – Settlement of Disputes.

    362-A:5 Settlement of Disputes. – Any dispute arising under the provisions of this chapter may be referred by any party to the commission for adjudication. Source. 1978, 32:1. 1983, 395:4, eff. Aug. 21, 1983.

Section 362-A:7 – Hydroelectric Fund Authorized.

    362-A:7 Hydroelectric Fund Authorized. – Any town or city may establish a hydroelectric fund to hold a portion of the revenue received from its hydroelectric plant. The hydroelectric fund may be established by a majority vote at an annual or special town meeting or majority vote of the city council. If established, the town […]

Section 362-A:8 – Payment Obligations; Public Utilities.

    362-A:8 Payment Obligations; Public Utilities. – I. The purpose of this section is to codify existing law on regulatory obligations of public utilities for the purchase, pursuant to applicable federal and state law and commission orders, of energy or energy and capacity from qualifying small power producers and qualifying cogenerators. II. (a) Energy or […]

Section 362-A:9 – Net Energy Metering.

    362-A:9 Net Energy Metering. – I. Standard tariffs providing for net energy metering shall be made available to eligible customer-generators by each electric distribution utility in conformance with net metering rules adopted and orders issued by the commission. Each net energy metering tariff shall be identical, with respect to rates, rate structure, and charges, […]