Filing Public Complaints, Enforcement, and Monitoring Regarding Compliance with Certificates Granted to Energy Facilities by the Site Evaluation Committee
Public complaints regarding alleged violations of certificates granted by the New Hampshire Site Evaluation Committee (the “SEC”) may be filed by email directed to SEC_Complaint@energy.nh.gov or by regular mail addressed to:
Director, Division of Enforcement
NH Department of Energy
21 South Fruit Street
Concord, NH 03301
Inquiries also may made by calling the Department of Energy, Enforcement Division (the “Department”) at 603-271-6027.
Pursuant to RSA 162-H:12,I and effective October 7, 2023, the Department will monitor the construction and operation of energy facilities and enforce compliance with the terms and conditions of certificates granted by the SEC. The SEC shall retain jurisdiction of complaints filed prior to October 7, 2023, and those proceedings shall continue pursuant to any existing procedural order of the SEC. Permits granted by other agencies with their own enforcement authority, such as the Department of Environmental Services, will be enforced by those agencies.
Pursuant to RSA 162-H:12,II, the Department will investigate complaints. If the Department determines that a term or condition of a certificate is being violated, it will notify the certificate holder of the specific violation and order the person to immediately terminate the violation. If the person does not terminate the violation, the Department will refer the matter to the SEC for the imposition of fines or suspension of the certificate. The SEC will afford certificate holders notice and an opportunity for hearing before imposing penalties, except in emergency situations, in which case the hearing may occur promptly afterward.
The statutory provisions regarding evaluation, siting, construction, and operation of energy facilities are set forth in RSA 162-H:1-24. More specifically, the statutory duties and authority of the Department regarding monitoring and enforcement are set forth in RSA 162-H:12,I-VII.