Committee defers Public Utilities Commission rule after legal dispute over fine authority

The Administrative Rules Committee deferred action on a Public Utilities Commission rule that would govern competitive natural‑gas suppliers after members and legal reviewers disputed whether the commission has statutory authority to impose fines.

Committee staff told members the draft rule cited a statute that authorizes rulemaking by the Department of Energy but does not clearly grant the commission the specific authority to assess fines on competitive natural‑gas suppliers. A staff presenter said a statute now located at RSA 12‑P‑15 and other general rulemaking provisions did not appear to supply explicit fine authority and that "there does not seem to be any statutory authority for the commission to assess fines upon these entities." The presenter recommended more study or a legislative fix.

Marissa Shoots, an attorney speaking for the Public Utilities Commission, told the committee she had located additional citations and argued the authority could be read across the statutory provisions the agency cited. Shoots said the earlier authority (RSA 3‑65‑8(a)) was repealed and moved to RSA 12‑P‑15 and that the statute "does state at the beginning the Department of Energy is authorized to adopt rules... related to submission to commission jurisdiction for mediation and resolution of disputes imposition of penalties for failure to comply with commission requirements," which she said provided a basis for the fines and for splitting responsibilities between the Department of Energy and the commission.

Committee members pressed both legal positions, noting the statute's wording is unclear about whether "department" or "commission" retains the specific authority to assess fines. One member said the change had been enacted in 2022 with a short transition window and that a legislative clean‑up might be necessary. After discussion the chair proposed granting the agencies additional time to work with counsel and the committee on the statutory citations and to return with clarified language; the committee voted to waive and postpone the rule until next month.

The committee's action keeps the existing rules in place for now and allows the agencies and staff to collaborate on whether to remove fines from the draft PUC rule, shift enforcement language to the Department of Energy rules, or seek a legislative remedy to clarify authority.