Bill to clarify Department of Energy’s role in PUC proceedings retained after agencies disagree

The committee considered House Bill 2‑66, a statutory clarification of the New Hampshire Department of Energy’s role in proceedings before the Public Utilities Commission (PUC) — including whether the DOE would automatically be a party to all dockets and whether the DOE would have an express right to appeal PUC orders to the state Supreme Court.

Representative Peter Harrington, who led negotiations on the measure, described the bill as intended to "clarify the status quo" after the DOE and PUC separated staff functions following agency reorganization. The bill’s language in its latest form would leave DOE as a party to all PUC proceedings and restores text granting DOE “full party status and the right to appeal in any adjudicative or non‑adjudicative proceeding.”

DOE attorney Matt Young told the committee the language was intended to let DOE file evidence and "complete the record," and he explained that an appeal of a PUC order is an appeal of that order, not a direct lawsuit between agencies. Young also noted the Department of Justice routinely provides counsel for state agencies on appeals but that DOE sought statutory clarity on participatory rights.

PUC attorney Alexander Spiedel told lawmakers the commission had open concerns about resource impacts and how DOE’s asserted party status might function in practice. The PUC recommended a study committee to examine the arrangements before enshrining the change in statute. The PUC also flagged uncertainty about whether Department of Justice counsel would defend PUC orders in the Supreme Court in scenarios where DOE appealed, noting unresolved procedural questions.

Committee decision

After extended discussion the committee voted to retain House Bill 2‑66 rather than move it forward this session. Lawmakers said DOE and the PUC continued to disagree on key points and that further interagency negotiation or a study committee would be a prudent next step.

Action taken

- House Bill 2‑66: Motion to retain adopted; vote 10–8 (executive session).

Why it matters

The bill addresses separation of functions between DOE and the PUC and who has party and appellate rights when administrative rulings are issued. Supporters said the provision brings statutory clarity after agency staffing changes; the PUC urged caution to avoid unintended resource needs and procedural conflicts.

Next steps

The committee retained the bill, keeping it in committee rather than advancing to the House floor; committee staff and the agencies were asked to continue working on the outstanding issues. Committee reports were scheduled the next day.