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Home » US Law » 2022 New Hampshire Revised Statutes » Title XXXIV - Public Utilities » Title 365 - Complaints to the Department of Energy and Proceedings Before the Commission

Section 365:1 – Complaint Against Public Utilities.

    365:1 Complaint Against Public Utilities. – Any person may make complaint to the department of energy by petition setting forth in writing any thing or act claimed to have been done or to have been omitted by any public utility in violation of any provision of law, or of the terms and conditions of […]

Section 365:1-a – Exceptions.

    365:1-a Exceptions. – Except for complaints about RSA 371:17 through RSA 371:24, RSA 374:2-a, RSA 374:22-p, I(b), RSA 374:28-a, RSA 374:34-a, RSA 374:48 through RSA 374:56, RSA 374:59, and RSA 378:44 through RSA 378:48, the provisions of this chapter shall not apply to any end user of an excepted local exchange carrier, nor to […]

Section 365:10 – Summons; Oath.

    365:10 Summons; Oath. – The commission shall have power to subpoena witnesses and administer oaths in any proceeding or examination instituted before or conducted by it, and to compel, by subpoena duces tecum, the production of any accounts, books, contracts, records, documents, memoranda and papers of any kind whatever. Source. 1911, 164:2. 1913, 145:5. […]

Section 365:10-a – Appearance.

    365:10-a Appearance. – Notwithstanding any other provision of law to the contrary, the commission may in its discretion determine who, in addition to those lawyers licensed in the state of New Hampshire to do so, may appear before the commission on behalf of any party, provided, however, that the discretion shall not be exercised […]

Section 365:12 – Contumacy.

    365:12 Contumacy. – Any person who wilfully shall fail or refuse to attend to testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, contracts, agreements, or other records, if in his or its power so to do, in obedience to the subpoena of the commission, shall be subject to […]

Section 365:13 – Fees.

    365:13 Fees. – When any such summons shall be endorsed by the secretary, or assistant secretary, or by a commissioner, as follows, "Legal fees of witnesses guaranteed by the State," advance payment of fees shall not be required, but any witness served with such summons shall appear as directed therein as a witness for […]

Section 365:14 – Production of Sworn Copies.

    365:14 Production of Sworn Copies. – In lieu of requiring production of originals by subpoena duces tecum, the commission may require sworn copies of any such books, records, contracts, documents and papers or parts thereof be filed with it. Source. 1911, 164:2. 1913, 145:5. PL 238:14. RL 287:14. 1951, 203:11 par. 14, eff. Sept. […]

Section 365:15 – Specific Answers.

    365:15 Specific Answers. – The commission may also require any public utility to make specific answers to questions upon which the commission may need information. Source. 1911, 164:2. 1913, 145:5. PL 238:15. RL 287:15. 1951, 203:11 par. 15, eff. Sept. 1, 1951.

Section 365:16 – Testimonial Privilege.

    365:16 Testimonial Privilege. – No person shall be excused from testifying or from producing any book or paper in any investigation or inquiry by or upon any hearing before the commission, when ordered to do so by the commission, upon the ground that the testimony or evidence, book or document required of him may […]

Section 365:17 – Perjury.

    365:17 Perjury. – No person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony. Source. 1911, 164:2. 1913, 145:5. PL 238:17. RL 287:17. 1951, 203:11 par. 17, eff. Sept. 1, 1951.

Section 365:18 – Corporate Immunity.

    365:18 Corporate Immunity. – Nothing herein contained shall give to any corporation immunity of any kind. Source. 1911, 164:2. 1913, 145:5. PL 238:18. RL 287:18. 1951, 203:11 par. 18, eff. Sept. 1, 1951.

Section 365:19 – Independent Investigation.

    365:19 Independent Investigation. – In any case in which the commission may hold a hearing it may, before or after such hearing, make such independent investigation as in its judgment the public good may require; provided, that, whenever such investigation shall disclose any facts which the commission shall intend to consider in making any […]

Section 365:2 – Order.

    365:2 Order. – Thereupon the department of energy shall cause a copy of said complaint to be forwarded to the public utility complained of, which may be accompanied by an order, requiring that the matters complained of be satisfied, or that the charges be answered in writing within a time to be specified by […]

Section 365:20 – Questions of Law.

    365:20 Questions of Law. – The commission may at any time reserve, certify and transfer to the supreme court for decision any question of law arising during the hearing of any matter before the commission. Source. 1917, 205:1. PL 238:20. RL 287:20. 1951, 203:11 par. 20, eff. Sept. 1, 1951.

Section 365:21 – Rehearings and Appeals.

    365:21 Rehearings and Appeals. – The procedure for rehearings and appeals shall be that prescribed by RSA 541, except as herein otherwise provided. Notwithstanding RSA 541:5, upon the filing of a motion for rehearing, the commission shall within 30 days either grant or deny the motion, or suspend the order or decision complained of […]

Section 365:22 – Railroads Which Are Common Carriers.

    365:22 Railroads Which Are Common Carriers. – Whenever the commissioner shall be of the opinion, after a hearing had upon his own motion or upon complaint, that any part of any railroad operating as a common carrier of passengers or freight within the state reasonably requires alteration or reconstruction, or that the regulations, practices, […]

Section 365:23 – Effect of Orders.

    365:23 Effect of Orders. – Thereafter it shall be the duty of every such public utility to observe and obey every requirement of such order so served upon it, and to do everything necessary or proper in order to secure compliance with and observance of the same by all the officers, agents and employees. […]