§ 365:37 — Expense of Investigations

I. Whenever any investigation by the commission or the department of energy shall be necessary to enable the commission to pass upon any petition for authority to issue stocks, bonds, notes, or other evidence of indebtedness, for authority to operate as a public utility or to expand operations as a public utility, to make extensions into new territory, to discontinue service, to condemn property for flowage rights and dam construction, or for authority to sell, consolidate, merge, transfer, or lease the plant, works, or system of any public utility, or any part of the same, or for any other matter which requires the approval of the commission or the department of energy, the petitioner shall pay to the department of energy the expense involved in the investigation of the matters covered by said petition, including the amounts expended for experts, accountants, or other assistants. Such expense shall not include any part of the salaries or expenses of the commissioners or of employees of the commission or department of energy or, unless the proceeding is being conducted pursuant to RSA 38, the fees of experts testifying as to values in condemnation proceedings.
II. Whenever the commission institutes a proceeding, or when more than one utility subject to the jurisdiction of the commission shall be involved in a proceeding in which the commission or the department of energy requires the assistance of experts, accountants or other assistants, regardless of whether they petitioned the commission in the first instance, the commission and the department of energy may assess the costs of experts, accountants or other assistants hired by the commission or the department of energy against the utilities and any other parties to the proceeding. The commission and the department of energy shall not, however, assess any such costs against the office of the consumer advocate or against any voluntary corporation, not-for-profit organization, or any municipality unless the municipality is involved in a proceeding before the commission pursuant to RSA 38. In the case of a utility, the assessment of those costs shall be based on the annual revenues of the participating utilities in the same manner as issued in assessing the annual operating expenses of the commission and the department of energy, or as appropriate and equitable on a case by case basis. In the case of a party who is not a utility, the assessment of those costs shall be as appropriate and equitable on a case by case basis. Such expenses shall not include any part of the salaries or expenses of the commissioners or of employees of the commission or of employees of the department of energy or, unless the proceeding is being conducted pursuant to RSA 38, the fees of experts testifying as to values in condemnation proceedings.
III. For investigations or proceedings involving the acquisition, merger, transfer, sale, or lease of the works or system of a public utility, the commission and the department of energy shall not enter into a contract with experts, accountants, or other assistants in an amount greater than $10,000, including any contract extension, without the approval of the governor and council. For all other investigations or proceedings, the commission and the department of energy shall not enter into a contract with experts, accountants, or other assistants in an amount greater than $10,000, including any contract extension, without the approval of governor and council.

Legislative History

1921, 138:1. PL 238:35. 1929, 99:1. RL 287:36. 1951, 203:11 par. 37. RSA 365:37. 1959, 242:3. 1993, 330:2, eff. Aug. 28, 1993. 2012, 131:1, eff. June 5, 2012. 2021, 91:252, eff. July 1, 2021.