New Hampshire § 374-A-7 - Section 374-A:7 Regulation of Foreign Electric Utilities.

§ 374-A-7. Section 374-A:7 Regulation of Foreign Electric Utilities.

I. Each foreign electric utility which is acting pursuant to authority granted in this chapter shall, before owning or operating any electric power facilities in this state, notify the commission of the action to be taken by it and obtain the commission's permission under RSA 374:22 and 26 to the extent such permission is required by RSA 374:22; shall thereafter furnish to the commission annually a copy of the annual report filed by it with the utility regulatory agency of the state of its domicile or principal locus; and shall furnish to the commission from time to time such other information with respect to its activities in the state as the commission may reasonably request; II. Any foreign electric utility which owns or operates any electric power facilities in this state shall: (a) File with the secretary of state as a foreign corporation doing business in New Hampshire and consent to service of process pursuant to the provisions of RSA 293-A; (b) Be subject to and comply with all laws and regulations applicable to the construction, operation and use of such electric power facilities; provided, however, that such foreign electric utility shall not be deemed to be a public utility for the purposes of RSA Title XXXIV except in relation to its activities as a participant in electric power facilities within the state and except to the extent that the activities in this state of such foreign electric utility exclusive of such participation in electric power facilities shall cause it to be deemed a public utility; and (c) Be subject to the requirements of RSA 369 and other regulatory laws within the state with respect to any financing of its interest in such electric power facilities, including any borrowing or the issuance of any notes, bonds or other evidence of indebtedness or securities of any nature; provided, however, that it shall be exempt from the requirements of this subparagraph upon certification filed with the commission by a regulatory agency of the state of domicile or principal locus of such foreign electric utility, or of the United States, either that said regulatory agency has general regulatory jurisdiction over the financing of such foreign electric utility or that said regulatory agency has exercised jurisdiction over, or has reviewed and not objected to, a particular proposed financing or that said regulatory agency has general supervision of such foreign electric utility in the conduct of its electric business.