Pipeline Authorities
Pipeline Authorities per New Hampshire State Law and Administrative Rules.
Effective July 1, 2021 New Hampshire Legislature created a newly formed Department of Energy separate from the New Hampshire Public Utilities Commission. As a result, the responsibilities that were formerly part of the Safety Division of the Public Utilities Commission have been transferred to the Division of Enforcement within the Department of Energy. The new law HB2 allows the Division of Enforcement to utilize the existing safety related rules found in the applicable Administrative Rules known as Puc 300, 400, 500, 600, 700, 800, 1300, and 1400 rules. These rules typically have safety components that are to be exercised and enforced until new Department of Energy rules are established. The Division of Enforcement website has historical information that will often reference the Safety Division of the Public Utilities Commission, which was applicable for those periods prior to July 1, 2021.
- The New Hampshire Pipeline Safety Program is codified under NH Statute RSA 362:2 (definition of public utility) 362:4-b (Gas Companies, When Public Utilities) 363:27 (Staff; Separation of Functions) 365:6 (Inspection) 365:8 (Rulemaking for Safe Service, Investigations) 374:1 (Safe Service) coupled with 374:4 (Duty to Keep Informed) 374:7 (Investigation and Order Authority) 374:7-a (Violation) 365:41 (Penalty Against Utility), 365:42 (Penalty Against Agent)
- In addition: NH Code of Administrative Rules Puc Chapter 500 Rules for Gas Service adopts Federal Standards and where appropriate requires more stringent gas safety standards. It also includes processes for Inspections and Enforcement of Pipeline Safety Compliance actions. For a list of New Hampshire Pipeline Safety Initiatives that are more stringent than Federal Regulations see here.
- The New Hampshire Underground Damage Prevention Program is codified under NH Statute RSA 374:48: 374:56. With Order No. DM 04-119, the Public Utilities Commission authorized the newly formed Division of Enforcement with the responsibility of administering and enforcing the Underground Damage Prevention Program.
- NH Code of Administrative Rules Puc Chapter Puc 800 Underground Utility Damage Prevention Program provides details of particular rules and enforcement mechanisms.
Authorities per Federal Law
- The Division of Enforcement of the New Hampshire Department of Energy through an annual certification with the U.S. Department of Transportation’s Pipeline and Hazardous Material Safety Administration Office of Pipeline Safety oversees gas pipeline safety standards for intrastate gas pipelines in New Hampshire. PHMSA annually certifies and evaluates New Hampshire’s pipeline safety program with authority derived from 49 U.S.C. §60101 et seq. The federal Natural Gas Pipeline Safety Act of 1968 and recently amended in 2020 through "Protecting our Infrastructure of "Pipelines and Enhancing Safety Act of 2020" or the "PIPES Act of 2020" established minimum federal safety standards published in 49 CFR Parts 190 through 199.
- PHMSA (Pipeline and Hazardous Materials Safety Administration)