Section Puc 2105.09 - Transfer of Goods, Services, and Assets(a) To the extent that these rules do not prohibit transfers between a utility and its affiliates, the permitted transfers shall be subject to the following pricing provisions: (1) A utility may sell, lease, or otherwise transfer to an affiliate an asset, the cost of which has been reflected in the utility's rates for regulated service, provided that the price charged the affiliate is the highest of the net book value, fully loaded cost, and the current market value of the asset, as applicable;(2) A utility may sell, lease, or otherwise transfer to an affiliate assets other than those subject to (1) above, and may also provide services to an affiliate, provided that the price charged for such asset or service is the highest of the net book value, fully loaded cost, and its current market value, as applicable;(3) An affiliate may sell, lease, or otherwise transfer an asset to a utility, and may provide services to a utility, provided that the price charged to the utility is the lesser of the market value, the net book value, and the fully loaded cost, as applicable;(4) Joint or shared costs allowed in Puc 2105.03 and Puc 2105.04 shall be allocated and shall be priced to the utility and its competitive affiliate based on fully loaded costs;(5) Products or services which are price regulated by a state or federal agency shall be priced at the tariffed or regulated rate;(6) In cases where more than one state commission regulates the price of products or services provided to or by a utility, this commission's pricing provisions shall govern such transactions in New Hampshire; and(7) For purposes of this section, the market value of any asset sold, leased, or otherwise transferred, shall be determined based on the highest price that the asset could have reasonably realized after an open and competitive sale.(c) A utility shall maintain a record of all transactions described in this section for a period of no less than 5 years from the completion of the transaction, which record shall include an adequate basis to determine fully loaded costs, net book value, and market value, as applicable.N.H. Admin. Code § Puc 2105.09
#7884-A, eff 5-2-03, EXPIRED: 5-2-11
New. #9921, eff 5-3-11
Amended by Volume XXXV Number 36, Filed September 10, 2015, Proposed by #10909, Effective 8/8/2015, Expires8/8/2025.