PUC Dismisses Petition From Retail Suppliers For Rehearing Of Order Which Prohibits Supplier From Ceasing Service (Drop To SOS) To Non-Paying Customers

May 27, 2020

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Reporting by Paul Ring • ring@energychoicematters.com

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The New Hampshire PUC, on procedural ground, dismissed a petition for rehearing, filed by the Retail Energy Supply Association, of the PUC's prior order which applied, to competitive electric and natural gas suppliers, an earlier order which prohibits providers of electric and gas service from disconnecting or, as relevant here, discontinuing service for non-payment for the duration of the Governor's state of emergency declared based on the novel coronavirus.

The order (Order No. 26,344) prevents suppliers from ceasing supply service to non-paying customers, and requires suppliers to continue serving such customers (rather than dropping such customers to default service)

RESA's petition had been first reported by EnergyChoiceMatters.com. See background on the petition here

"[T]he Commission dismisses the Motion for Rehearing of Order No. 26,344 filed by the Retail Energy Supply Association," the PUC said

The PUC said, "RESA brings its motion for rehearing pursuant to RSA 541:3, RSA 365:21, and Puc 203.33. Because Order No. 26,344 was not the result of an investigation, complaint or other proceeding, RSA 365:21 does not apply and there is no right under RSA chapter 541 to seek rehearing. We dismiss RESA’s Motion as improperly filed."

"RSA chapter 541 provides a right to seek rehearing and appeal in certain cases '[w]hen so authorized by law.' RSA 541:2; see New England Household Moving & Storage, Inc. v. Pub. Utilities Comm’n, 117 N.H. 1038, 1040 (1977) (noting that 'RSA chapter 541 does not provide a method of appeal from the determination of every administrative agency, but only where an appeal is specifically ‘authorized by law’')," the PUC said

"Order No. 26,344 was issued under the authority of Emergency Order #3 and the Governor’s emergency powers under RSA 4:45, III(e) and RSA 4:47, III. Nothing in Emergency Order #3, nor RSA 4:45 or RSA 4:47, specifically authorizes an appeal from an order implementing Emergency Order #3. Accordingly, RSA chapter 541 does not apply to Order No. 26,344, and there is no right to seek rehearing or appeal under RSA chapter 541. RESA’s reliance on RSA 365:21 and Puc 203.33 is therefore misplaced. Order No. 26,344 was not issued as part of an adjudicative, investigatory, or other proceeding before the Commission subject to the rehearing provisions of RSA 365:21 or Puc 203.33. Rather, Order No. 26,344 was issued in response to Emergency Order #3 without other proceeding. Because RESA’s Motion for Rehearing was not authorized by law, there is nothing properly before the Commission to decide," the PUC said

Docket 20-060

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