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Committee pauses PUC rule after staff flags possible lack of statutory authority for fines
Summary
Office of Legislative Services told the Joint Administrative Rules Committee that PUC rule 25-215 may include fines and penalties for natural gas suppliers without clear statutory authority; the committee postponed the rule for one month to resolve whether sanction authority now resides with the Department of Energy.
The committee postponed consideration of Public Utilities Commission rule 25-215 after Office of Legislative Services staff identified a possible statutory gap for fines and penalties in the PUC rule. Staff said the rule appears to include suspension and revocation of registration and other sanctions but that the legislature moved many authorities to the Department of Energy, and RSA 541A:223A requires specific statutory authority for agency fines and penalties.
Attorney Marissa Shoots, speaking for the Public Utilities Commission, acknowledged that a previous statutory reference in the rule was incorrect and said the commission retains jurisdiction over mediation and dispute resolution. Shoots noted that the statute for natural gas suppliers and aggregators (12P15) does not clearly exclude those suppliers from the public utility definition and argued the commission still has regulatory reach over disputes and related sanctions. The Office of Legislative Services urged removing the fines/penalties from the rule or entering a preliminary objection for lack of authority.
Committee members agreed there are legacy responsibilities and separations of authority stemming from the creation of the Department of Energy that require cleanup. The committee voted to grant a waiver of time limits and postpone the item for a month so agency counsel and staff could reconcile statutory language and determine which parts of the rule may proceed. The motion passed by voice vote.
The committee asked staff and agency counsel to investigate whether the penalties language exceeds PUC authority and to return with a recommended path forward. No final determination on the rule's substance was made; the item will return at the next monthly meeting.
