Electric cooperative opposes triennial deregulation filing bill, warns of added costs
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Summary
Representatives and the New Hampshire Electric Cooperative (NHEC) debated House Bill 95, which would require NHEC to file a certificate of deregulation every three years. NHEC leaders and the Public Utilities Commission staff said the bill is unnecessary; the committee held the public hearing but did not record a final vote that day.
Representative Wendy Thomas introduced House Bill 95, asking that the New Hampshire Electric Cooperative (NHEC) be required to file a certificate of deregulation with the Public Utilities Commission (PUC) every three years so members regularly review the cooperative's regulatory status.
"Filing a certificate ensures that the cooperative regularly reviews its regulatory status and communicates its operational choices to members," Representative Wendy Thomas said, framing the proposal as a transparency and member-accountability measure.
NHEC interim president and CEO Michael Jennings and board chair William Darcy testified in opposition. Jennings said members already retain the right to petition for revocation of deregulation and that NHEC’s membership overwhelmingly approved deregulation in 2000. He warned the bill could increase costs to members and to the PUC. "The proposed legislation could cost New Hampshire rate payers an estimated $605,000 if the cooperative failed to file that certificate of deregulation," Jennings testified, summarizing the commission's fiscal estimate for oversight costs.
Board chair William Darcy said the coop’s deregulatory status enabled investments in broadband and other member-driven innovations and that regulation could reduce the cooperative’s ability to respond nimbly to member needs. "If we were regulated, we would have been doing things the way Eversource, Unitil and Liberty was doing it because we weren't regulated," Darcy said, describing differences in procurement and service options.
The Office of the Consumer Advocate supported the bill's intent. State consumer advocate Don Kreese argued a periodic automatic member vote would strengthen democratic member control because the coop has not revisited the question since 2000. "House Bill 95 would require the coop if it wants to stay deregulated to put that question to the coop membership every 3 years," Kreese said, arguing the change is a “democracy enhancing” tweak.
Public Utilities Commission staff described practical concerns. Alex Bridal (PUC staff) said the PUC opposed mandatory re-regulation and cautioned that bringing NHEC under full PUC regulation would create recurring resource needs at the commission. The PUC’s current interactions with NHEC are limited to energy-efficiency filings and safety-related matters.
No committee vote on HB 95 was recorded during the hearing day. The committee collected written comments and blue-sheet tallies showing limited online submissions for and against. Members asked about the three-year interval, costs of elections and PUC staffing; witnesses said existing member communications and internal elections already inform members about major decisions. The committee left the matter for later consideration.
