2015 New Hampshire Revised Statutes
Title XII - PUBLIC SAFETY AND WELFARE
Chapter 162-H - ENERGY FACILITY EVALUATION, SITING, CONSTRUCTION AND OPERATION
Section 162-H:8-a - Application and Filing Fees.

NH Rev Stat § 162-H:8-a (2015) What's This?

    162-H:8-a Application and Filing Fees. –
    I. Except as provided in paragraph IV, a person filing with the committee an application for a certificate for an energy facility, a petition for jurisdiction, a request for exemption, or any other petition or request for the committee to take action, shall pay to the committee at the time of filing a fee determined in accordance with the fee schedule described in paragraph II. If an application for a certificate for an energy facility is deemed incomplete pursuant to RSA 162-H:7, VI, and a new application is submitted thereunder, the unearned portion of the initial application fee shall be refunded to the applicant or credited to the filing of the new application. The committee may in its discretion provide for a credit or refund in other circumstances that are unforeseen by the applicant.
    II. The fees under paragraph I shall be determined in accordance with a fee schedule posted by the committee on its website, which shall include the following amounts, subject to subsequent modification under paragraph III:
       (a) Application fee for electric generation facilities: $50,000 base charge, plus:
          (1) $1,000 per megawatt for the first 40 megawatts, and $1,500 per megawatt for each megawatt in excess of 40 megawatts, for any wind energy system.
          (2) $100 per megawatt, for any natural gas or biomass fueled facility.
          (3) $150 per megawatt, for any coal or oil fueled facility.
          (4) $200 per megawatt, for any nuclear generation facility.
       (b) Application fee for transmission facilities: $50,000 base charge, plus:
          (1) $3,000 per mile, for any electric transmission facility.
          (2) $1,500 per mile, for any natural gas pipeline.
       (c) Application fee for other energy facilities: $50,000 fee.
       (d) Filing fees for administrative proceedings:
          (1) Petition for committee jurisdiction: $10,500.
          (2) Petition for declaratory ruling: $10,500, or $3,000 if heard by a 3-member subcommittee.
          (3) Certificate transfer of ownership: $10,500, or $3,000 if heard by a 3-member subcommittee.
          (4) Request for exemption: $10,500, or $3,000 if heard by a 3-member subcommittee.
          (5) Request to modify a certificate: $10,500, or $3,000 if heard by a 3-member subcommittee.
    III. The committee shall review and evaluate the application fees and filing fees in the fee schedule in paragraph II at least once each year. The committee may increase or decrease any amount in the fee schedule by up to 20 percent with prior approval of the fiscal committee of the general court, provided that any such increase or decrease shall occur not more frequently than once during any 12-month period. Modifications to the fee schedule shall be posted on the committee website, with a link prominently displayed on the home page.
    IV. Notwithstanding paragraph I, a petition for committee jurisdiction filed by a petitioner as defined in RSA 162-H:2, XI(a), (b), or (c) for a certificate for an energy facility shall not be subject to a filing fee. If the committee determines that it has jurisdiction over a proposed energy facility subject to any such petition, then the owner of the proposed energy facility shall be required to pay to the committee the petition for jurisdiction fee, in addition to the application fee determined in accordance with paragraph II for the type and size of the proposed energy facility.

Source. 2015, 219:8, eff. July 8, 2015.


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