Section Puc 2106.01 - Filing of Compliance Plan(a) Each utility shall file with the commission a compliance plan that discloses its affiliates and demonstrates to the commission that there are adequate procedures and policies in place for complying with these rules.(b) Compliance plans shall be filed with the commission by July 1 each year and updated as required by Puc 2106.04.(c) The compliance plan shall take effect upon its filing.(d) The compliance plan shall include the following:(1) Copies of all utility procedures and policies for complying with this chapter and RSA 366;(2) Identification of all affiliates with which the utility has a contract or arrangement that is subject to this chapter or RSA 366, including contact information for all offices and officers of those affiliates;(3) A description of the business purpose and nature of the business conducted by each affiliate disclosed pursuant to (2) above;(4) Copies of all written contracts and arrangements, detailed descriptions of all unwritten contracts and arrangements, and any modifications thereof with each competitive affiliate disclosed pursuant to (2) above;(5) Corporate officer certifications required by Puc 2105.05(d);(6) Employee transfer tracking information required by Puc 2105.06(a) and (b);(7) Employee statements required by Puc 2105.06(l); and(8) Corporate officer certifications required by Puc 2106.02.(e) Any contract or arrangement not filed with the commission pursuant to this section shall be subject to the provisions of RSA 366:4.(f) In assessing whether to approve the late filing of a contract under RSA 366:4, the commission shall take into account, in addition to the nature, extent, and gravity of the particular violation: (1) The utility's prior history of violations of RSA 366 and these rules;(2) The good faith efforts, if any, of the utility or affiliate to comply with RSA 366 and these rules;(3) The nature and degree of economic benefit gained by the utility or its affiliate;(4) Deterrence of future violations; and(5) Such other factors that are relevant and material to the particular circumstances of the violation.(g) If a utility fails to provide the information required by Puc 2106 in the manner and time required, it shall be subject to the provisions of RSA 366:7.(h) In assessing whether to disallow any payments or compensation to an affiliate pursuant to RSA 366:7 for violation of this rule, the commission shall take into account, in addition to the nature, extent, and gravity of the particular violation: (1) The utility's prior history of violations of RSA 366 and these rules;(2) The good faith efforts, if any, of the utility or affiliate to comply with RSA 366 and these rules;(3) The nature and degree of economic benefit gained by the utility or its affiliate;(4) Deterrence of future violations; and(5) Such other factors that are relevant and material to the particular circumstances of the violation.N.H. Admin. Code § Puc 2106.01
#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.