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