NH House Testimony

HB760

House · 2025 sessionDemocraticDied in House

Electric utility default service rules

AI

Clarifies policy principles for electric utility default service, including rate setting and recovery of over- or under-collection, and repeals certain restructuring provisions on universal service.

relative to utility default service.

Energy and Utilities

Status

Died on the table in the House · March 26, 2025
  1. Introduced
  2. House
  3. Senate
  4. Governor
  5. Law

Division of testimony

135 submissions
Support 130Oppose 4Neutral 1
Nick GoslingSupportBristol, NHfor MyselfFeb 18, 2025

Dear Chairperson and Members of the House Science, Technology & Energy Committee, My name is Nicholas Gosling, and I am a resident of Bristol, New Hampshire. Today, I write in strong support of HB 760, a bill that ensures a fair and competitive energy marketplace in our state, preventing anti-competitive cost shifts that stifle consumer choice and drive up prices. New Hampshire has long championed the principles of free markets and competition. However, the current structure of our energy system has allowed monopoly utilities to socialize certain costs onto customers who choose competitive suppliers, including Community Power Aggregations (CPAs). This practice undermines fair market principles and makes it more difficult for residents like myself to benefit from lower energy rates and innovative energy solutions. HB 760 addresses this issue by: - **Preventing the socialization of losses**: Ensuring that costs incurred by customers using default utility supply are not shifted onto those who have chosen competitive suppliers. This protects consumers who opt for market-based solutions from unfairly subsidizing monopoly providers. - **Ensuring transparent rate structures**: Requiring that any over- or under-collections in utility supply costs be recovered from the same customer class that incurred them, preventing hidden cost shifts that disadvantage ratepayers seeking alternative energy options. - **Promoting true competition**: By holding monopoly utilities accountable for their own supply costs, this bill helps level the playing field, allowing CPAs and competitive suppliers to offer residents and businesses better choices for cleaner, more affordable electricity. This legislation is particularly important for the economic health of our communities. By strengthening competition, HB 760 empowers local entities to negotiate better rates and expand access to renewable energy options. More choices in the energy marketplace mean lower costs for families and small businesses, increased innovation, and enhanced grid resilience. HB 760 is a crucial step in achieving that goal, ensuring that our electricity market remains fair, competitive, and accessible to all Granite Staters. I respectfully urge this committee to support HB 760 and vote **Ought to Pass** to uphold the principles of competition and consumer protection in our state’s energy sector. Thank you for your time and consideration. Sincerely, Nicholas Gosling Bristol, NH nicholas.gosling@gmail.com

Ellen ReadSupportNewmarket, NHfor MyselfFeb 18, 2025

I am the chair of my town of Newmarket's energy and environment Committee... HB 760 is vital to keep in our default power source, Newmarket community power, competitive. Recent PUC changes are allowing private companies such as Eversource to recoup their lost costs for energy procurement from people who do not even choose eversource as their energy provider. Companies like Eversource are now charging customers who only use them for distribution, to recover their costs for procurement, allowing them to externalize those costs onto other rate payers who do not use them, which in turn allows them to have an artificially deflated price. The rate payers of Newmarket have excitedly supported and are heavily invested in the success of CPCNH and Newmarket community power, The recent PUC change is allowing for profit companies to artificially undercut, and threatened to tank, CPCNH. HB 760 would correct this. HB-760 supports a competitive market and insures under collected fees can only be recovered from the utilities electric supply customers. Please vote OTP on HB 760.

john ellisSupportnew london, NHfor MyselfFeb 18, 2025

I am supporting HB 760 to protect citizens from unfair prices and chargebacks by Eversource in the future . The other Electric COOPs should not be charged for added expenses by Eversource .

Jamieson HessSupportNew London, NHfor MyselfFeb 18, 2025

I support HB760. Basic principles of fairness say that if one group of ratepayers (like those on utility default service) get to benefit from artificially low electric supply rates, then that same group of ratepayers should shoulder the burden of any undercollection of costs that may result. It would be unfair to shift those costs onto some other group (like Competitive Supply or Community Power customers). Cost-shifting would damage or destroy the competitive market that we have worked for years to build up, and that would just mean higher electric rates for everyone in the long term. I urge you to act favorably on HB 760 to prevent cost-shifting. Sincerely, Jamieson Hess New London

MARGARET LOUGHRANSupportWONALANCET, NHfor MyselfFeb 18, 2025

Dear Legislators, HB 760 protects consumers from the emerging anti-competitive threat posed by regulators and utilities to shift utility supply costs to all customers through compulsory stranded cost charges. The Public Utilities Commission's new rules will force Community Power customers to subsidize utility supply cost overruns, making it impossible for Community Power to compete on a level playing field with artificially low utility rates. Please support this bill and show New Hampshire you care about our environmental future. We are counting on you. Sincerely, Peg Loughran

Edward MorganSupportTamworth, NHfor MyselfFeb 18, 2025

This is a really important bill for the House to pass because it restores the competitive market for New Hampshire energy. It is completely unfair to require customers of competitive utilities to subsidize Eversource cost=overruns.

Julie LaracySupportConway, NHfor MyselfFeb 18, 2025

I support this bill . Please do the right thing here and pass this bill. Thank you.

Atheane WaiteSupportCampton, NHfor MyselfFeb 18, 2025

My neighbor gambles on power pricing because they buy from the utility default, while I buy from a competitor. and do not At the end of the period, I have to pay my neighbor for the losses they made on their power gambles - unless they win, in which case they pocket the winnings. So, Heads they win; tails, I lose. A child can see how unfair this is! I strongly support this bill which will allow for a fair, competitive power market. Also, I can't help wondering how the FTC would view this current practice. Seems blatantly anti-competitive and an abusive use of monopolistic power to me. So, also get this bill passed in order to save a whole lot of legal heartache in the future.

Geoff WaiteSupportCampton, NHfor MyselfFeb 18, 2025

It is unethical, and I wonder if it's even legal, for the utilities to charge power trading losses incurred by one of their businesses (power resale) to all the customers of their other businesses (distribution) including those purchasing power from a competitor of the utility. It is clearly anti-competitive and monopolistic behavior in the supposedly open power market in NH (and only possible because of their default monopoly in distribution). It's not hard to see the future if this bill does not pass and change that future: competitors leave the market or go bust as they cannot compete with artificially low prices set by the utilities, paid for by the the competitor's own customers (my jaw still drops that this is even happening!). Once competition is eliminated, the utilities increase their prices and once again the cost of power in NH becomes the first in the nation. And the 10 year allowable loss recovery period means that all this can happen before the general public / customers even notices Furthermore, the current practice allows for the losses to be charged as distribution fees, not as power. For a consumer producer (e.g. solar array owners), this means that under Net Metering 2.0, they are credited with just 25% of that portion of their exported power, not the 100% that the actual exported power should attract, hence reducing the financial case for consumer renewable power generation. This bill will both stop this grossly unfair anti-competitive practice, ensuring that full power costs get covered by only those who are buying that power, and will also fairly compensate those investing in renewable energy, thus encouraging higher uptake.

Linda MedeirosSupportTamworth, NHfor MyselfFeb 18, 2025

I'm a Community Power customer. I support this bill because we should not be subsidizing cost overruns due to public utility rate-making practices that increase the risk of cost overruns. This is unfair cost-shifting that hurts NH residents and businesses alike.

Andrew DeySupportWalpole, NHfor MyselfFeb 18, 2025

Dear Members of NH House Science, Technology & Energy Committee, I am writing to express strong support for HB 760. HB 760 protects consumers from the emerging anti-competitive threat posed by regulators and utilities to shift utility supply costs to all customers through compulsory stranded cost charges. The Public Utilities Commission is directing utilities to take on 30-100% commodity market price exposure over the next year, while proposing any cost overruns be recovered through charges paid by all customers. Shifting utility supply costs into stranded cost charges would force Competitive Supply & Community Power customers to subsidize utility supply cost overruns. The cost shifting proposal is anti-competitive and would undermine NH’s competitive electric market by making it impossible for 3rd parties and Community Power to compete on a level playing field with artificially low utility supply rates. HB 760 would ensure any over- or under-collections associated with utility market exposure will be borne by utility supply customers, not shifted to Community Power and the market. Market competition and customer choice drive cost savings & value that benefits NH. The bill benefits NH by protecting competitive market options and choices for customers, which drive cost savings. Thank you for your time and attention to this matter. Sincerely, Andrew Dey Walpole, NH

Annette DeySupportWalpole, NHfor MyselfFeb 18, 2025

Dear Members of NH House Science, Technology & Energy Committee, I am writing to express my strong support for bill HB 760. It protects consumers from the emerging anti-competitive threat posed by regulators and utilities to shift utility supply costs to all customers through compulsory stranded cost charges. The Public Utilities Commission is directing utilities to take on 30-100% commodity market price exposure over the next year, while proposing any cost overruns be recovered through charges paid by all customers. Shifting utility supply costs into stranded cost charges would force Competitive Supply & Community Power customers to subsidize utility supply cost overruns. The cost shifting proposal is anti-competitive and would undermine NH’s competitive electric market by making it impossible for 3rd parties and Community Power to compete on a level playing field with artificially low utility supply rates. HB 760 would ensure any over- or under-collections associated with utility market exposure will be borne by utility supply customers, not shifted to Community Power and the market. Market competition and customer choice drive cost savings & value that benefits NH. The HB760 bill benefits NH by protecting competitive market options and choices for customers, which drive cost savings. Thank you for your time and your attention to this matter! Sincerely yours, Annette Dey, P.E. Resident of Walpole, NH

Debra PutnamSupportHudson, NHfor MyselfFeb 18, 2025

Currently the PUC is guiding the utilities, like Eversource, to recover any revenue shortfalls through a non by-passable charge on the distribution and transmission side of the bill. This would be totally unfair to those who have not chosen Eversource for their power supply!! Why should Eversource be allowed to make everyone pay for their mistakes/miscalculations.

Mark RunquistSupportCampton, NHfor MyselfFeb 18, 2025

Dear Members of the New Hampshire House Science, Technology & Energy Committee, Many years ago the State of NH passed a bill ( RSA 53-E: Aggregation of Electric Customers by Municipalities and Counties.) that decoupled electric transmission costs from energy suppliers. The intent was to allow consumers to choose their energy supplier and open a competitive market. This has resulted in real competition amongst electric suppliers. Over 60 towns and four counties have availed themselves of this choice. HB760 would continue in the spirit of this legislation by not putting all consumers at risk by stranded cost charges. Mark Runquist Campton, NH

Jo-Ellen CourtneySupportEnfield, NHfor MyselfFeb 18, 2025

Please support HB 760. This bill protects consumers from the potential threat posed by regulators and monopoly utilities to shift costs from utility default service to all customers through compulsory wires charges. HB 760 protects fair market competition and customer choice in NH's energy market.

Miriah KingSupportPenacook, NHfor MyselfFeb 18, 2025

I support this bill

Joe LamattinaSupportNewmarket, NHfor MyselfFeb 18, 2025

In its first 9 months of operation, Newmarket Community Power (a member of Community Power Coalition Of NH) has saved Newmarket residents over $104,000 in electric supply costs compared to Eversource rates. HB760 is critical to insuring fair competition remains in the electric supply segment. Thank You Joe Lamattina Newmarket

Joni PradedSupportKensington, NHfor MyselfFeb 18, 2025

Please vote to pass HB 760 to protect the integrity of our state's competitive energy market--ensuring that policies do not unfairly disadvantage the Community Power programs that are helping a growing number of NH ratepayers gain greater control over their energy costs and greater resilience against energy market spikes. In some case, these programs also establish reserve funds that will support community-based renewable energy projects and/or manage risk for ratepayers. Please also vote in favor of the other components of the NH Energy Forward Act—HB 755, HB 759, and HB 761. Renewable energy, energy storage, and local energy projects will not just lower costs for municipalities and their ratepayers, they will also make NH more resilient, sustainable, and energy independent--and they will foster innovation. Thank you.

Zeke SchmoisSupportKensington, NHfor MyselfFeb 18, 2025

Dear Members of the NH House Science, Technology & Energy Committee, I am writing to express my strong support for HB 760. As a resident of Kensington who has fully electrified my home and vehicles, I am deeply concerned about rising electricity costs and the need to maintain a fair and competitive energy market in New Hampshire. HB 760 protects consumers from the growing threat of anti-competitive cost shifting by regulators and utilities. The Public Utilities Commission is directing utilities to take on 30-100% commodity market price exposure over the next year while allowing any cost overruns to be recovered through charges paid by all customers. This would effectively force Competitive Supply and Community Power customers to subsidize utility supply cost overruns through compulsory stranded cost charges. Such cost shifting is anti-competitive and would undermine NH’s competitive electric market by creating an uneven playing field where third-party suppliers and Community Power programs cannot fairly compete. By ensuring that over- or under-collections associated with utility market exposure are borne by utility supply customers—rather than unfairly shifted onto Community Power participants—HB 760 upholds market integrity and consumer choice. Market competition and customer choice drive cost savings and value for New Hampshire ratepayers. By passing HB 760, the Legislature will protect competitive market options that benefit consumers, ensuring that customers retain access to the most affordable and transparent energy choices. Thank you for your time and attention to this matter. I urge you to vote in favor of HB 760. Sincerely, Zeke Schmois 133 Amesbury Rd, Kensington, NH

Terry ClarkOpposeKeene, NHfor Ratepayers of Cheshire CountyFeb 18, 2025

A great many ratepayers in Cheshire County do not purchase their electrical supply from the major utilities. HB760 would allow those utilities to charge an underpayment fee to ratepayers who do not purchase electricity from that utility. This would constitute theft. And, collecting stranded costs for supply on the delivery side of the bill is misleading to the customer by not truthfully disclosing the true cost of that supply. In short, this bill would allow theft and deception.

tom lutherOpposeclaremont, NHfor MyselfFeb 18, 2025

Greetings from Sullivan county After attending presentations, reviewing literature and discussing with planning commission peers, the broad consensus seems to be this is a solution looking for a problem. I don't think the current business model and conditions merit an LSR. There simply is not enough juice in this orange to squeeze. I do think change is coming to power distribution, with local power production. Perhaps in 30 years power will be more of a web/fabric distribution model than the hierarchical branched network that has catered to centralized command/control/monopoly. It is just not addressed by this bill. There are bigger fish to fry elsewhere.

Rob WernerSupportConcord, NHfor MyselfFeb 18, 2025

I serve as Chair of the City of Concord, New Hampshire Energy and Environment Advisory Committee (CEEAC). In addition, I served for seven terms as a Concord City Councilor. CEEAC supports this House Bill 760 as it is very important to maintain competition in New Hampshire electricity supply markets and protect ratepayers from harmful utility cost shifts

Mary RavenSupportMerrimack, NHfor MyselfFeb 18, 2025

Allen DesbiensSupportConcord, NHfor MyselfFeb 18, 2025

I retired from PSNH/Eversource in 2021 after nearly 40 years working directly on NH regulatory issues with the PUC, PUC Staff and the Office of Consumer Advocate (OCA). I was part of the utility team that developed the NH Pilot Program which was designed to foster a competitive energy market for NH retail electric customers. I was directly involved with the restructuring of the NH utility industry and the implementation of restructured energy markets that followed that effort. The amendments to NH law that were required to enable this transition were carefully crafted to ensure cost recovery by the utilities of certain so-called "stranded costs", and to also protect ratepayers from rates that could be deemed excessive and not in compliance with NH law. NH-RSA 374:F is one of those key laws that were carefully crafted to protect all affected parties and allow competition to begin. The PUC's misguided attempt to rewrite NH legislative history - and intent - and randomly push default power supply costs to non-default service customers will likely not survive a legal challenge and flys in the face on NH electric competiton. The PUC should know that if defalut rates are consistently higher than competitive rates this will create an incentive for retail customers to move off default service - EXACTLY what the legislature and regulators hoped would eventually occur in 1999 when competitive markets were enacted! The PUC is taking a well-intentioned law and twisting it's use for a purpose for which it was nver intended - do not let them do it!

John SimonelliSupportEpping, NHfor MyselfFeb 18, 2025

Dear Members of NH House Science, Technology & Energy Committee, As a utility subject matter expert, I strongly support HB 760. With the PUC directing public utilities to take on 30-100% commodity spot market price exposure over the next year, there is significant risk in exposing consumers to extreme price volatility. This was the first misguided step by regulators. The second faux pas is proposing that any energy cost overruns be recovered through charges paid by all of that respective utilities residential customers. Shifting utility supply costs into stranded cost charges would force Competitive Supply & Community Power customers to subsidize utility supply cost overruns. This cost shifting proposal is anti-competitive and would undermine NH’s competitive electric market by making it impossible for 3rd parties and Community Power to compete on a level playing field with artificially low utility supply rates. HB 760 would ensure any over- or under-collections associated with utility market exposure will be borne by utility supply customers, not shifted to Community Power and the market. Market competition and customer choice drive cost savings & value that benefits NH. The bill benefits NH by protecting competitive market options and choices for customers, which drive cost savings. Thank you for your time and attention to this matter. Sincerely, John Simonelli Epping