New England Ratepayers Association

Advocacy for Ratepayers Across New England

New England Ratepayers Association Files to Void SB 365 and Save Ratepayers More than $20 Million

Statement by the New England Ratepayers Association on Its Filing at the Federal Energy Regulatory Commission Against SB 365

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CONCORD, NH — The New England Ratepayers Association (NERA) continued its efforts to lower electricity costs for families and businesses in New England by filing a Petition for Declaratory Order at the Federal Energy Regulatory Commission (FERC) in Washington, DC. The Petition directly challenges the legality of New Hampshire Senate Bill 365 which became law on a veto override in September.

(Find the Petition here:

The Petition seeks a declaration that SB 365 is preempted by the Federal Power Act and is in violation of the Public Utilities Regulatory Power Act (PURPA). If FERC Commissioners find in favor of NERA’s petition, ratepayers in New Hampshire will avoid being charged and additional $20-30 million a year for their electricity.

“The New England Ratepayers Association has consistently argued that SB 365 was bad policy and was detrimental to electricity end users in New Hampshire,” said Marc Brown, President of NERA. “When the state facing some of the highest electricity costs in the country, why would the New Hampshire legislature overreach its authority to charge ratepayers another $20-30 million a year in excess and unnecessary charges? This Petition seeks to remedy what we believe is bad legislation in violation of federal law.”

“The Petition simply points out that SB 365 directly violates the Federal Power Act, which clearly gives FERC sole jurisdiction to set wholesale prices,” continued Brown. “The New Hampshire legislature overstepped its authority when it mandated its own arbitrary rate for the power generated by the selected facilities. In addition, they also violated PURPA by imposing a rate much higher than avoided cost, which in New Hampshire is essentially the wholesale rate. We believe this is a very clear case supported by decades of precedent at FERC and we look forward to a decision by the Commissioners on this matter.”

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Updated: January 22, 2020 — 2:58 pm
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