PUC interim chair outlines regulator role, urges clarity on site-evaluation duties

Mark Delofano, commissioner and interim chair of the New Hampshire Public Utilities Commission, told the Senate Energy and Natural Resources Committee that the PUC is the state’s economic regulator for investor-owned electric and gas distribution companies, public water companies and certain investor-owned sewage utilities.

Delofano said the PUC’s responsibilities cover rates, capital structure and investments in fixed assets and that most water and sewage service in New Hampshire remains the responsibility of municipalities. He said the PUC treats publicly owned utilities as investor‑owned when a municipality is the sole shareholder and that he would confirm the commission’s jurisdiction for large water withdrawals if asked.

The commissioner raised two issues he said merit legislative attention. First, he warned against assigning a single administrator to both the energy site evaluation committee and a proposed solid‑waste site evaluation committee, saying it would be difficult to find one person with the technical and regulatory experience for both roles. "It would be very difficult for me to find someone to fill my energy administrator role that also has the requisite experience to serve as the administrator of a solid waste site evaluation committee," Delofano said.

Second, he urged lawmakers to clarify which agency is the state’s rate maker. "Under current statutory law, current case law, it's clearly the PUC," he said, but noted the Department of Energy has positioned itself as the state's policymaker. He recommended statutory clarity because much of the case law pre‑dates the split between agencies.

Senators thanked Delofano for the briefing and discussed continued coordination between the PUC and the Department of Energy; Delofano offered to meet with members for follow up.