New Hampshire Code of Administrative Rules
Puc - Public Utilities Commission
Chapter Puc 2100 - AFFILIATE TRANSACTIONS RULES
Part Puc 2105 - SEPARATION
Section Puc 2105.09 - Transfer of Goods, Services, and Assets
Universal Citation: NH Admin Rules Puc 2105.09
Current through Register No. 12, March 21, 2024
(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.
#7884-A, eff 5-2-03, EXPIRED: 5-2-11
New. #9921, eff 5-3-11
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