DE 95-271
beebe river water utility
Village District Request for Reconsideration or
Clarification of Order No. 22,771
Order Clarifying Order No. 22,771
O R D E R N O. 22,821
January 6, 1998
On October 28, 1997, the New Hampshire Public Utilities
Commission (Commission) issued Order No. 22,771 which appointed
the Beebe River Village District (Village District) as receiver
to operate the water utility known as Beebe River Water System in
Campton, New Hampshire. In the order, the Commission appointed
the Village District as receiver pending an affirmative vote of
the Campton Town meeting and instructed that within 30 days of an
affirmative vote, the Village District submit a franchise
application to the Commission.
The Village District, on November 13, 1997, filed a
Motion for Reconsideration/Clarification regarding Order No.
22,771. The Motion argued that the Village District should be
under no obligation to obtain an affirmative vote at the Campton
Town meeting or to obtain a franchise from the Commission. The
Town of Campton concurred in the Motion.
Having reviewed the Village District's Motion for
Reconsideration/Clarification, we find we were in error in our
previous order. We agree with the Village District that a
franchise application is not required in this instance and hereby
clarify Order No. 22,771 on that point. RSA 362:4,III does not
require a franchise if the municipal corporation is not serving
beyond its municipal borders, which is the case presented herein.
In addition, we agree that there is no need for a vote
of the Campton Town meeting in order for the Village District to
operate the utility. We erred in mixing testimony regarding the
annual meeting of the Village District and the Campton Town
meeting.
We anticipate that at the annual meeting of the Village
District, the Village District will be authorized as necessary to
operate the water utility and at that point the receivership will
be dissolved. We instruct the Village District to notify us of
the results of a vote regarding operation of the water system.
Based upon the foregoing, it is hereby
ORDERED, that the Village District is under no
obligation to seek a franchise from the Commission; and it is
FURTHER ORDERED, that the Village District need not
seek authorization at the Town of Campton annual meeting; and it
is
FURTHER ORDERED, that the Village District notify the
Commission of the results of a vote of the Village District
members regarding operation of the utility.
By order of the Public Utilities Commission of New
Hampshire this sixth day of January, 1998.
Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary