STATE OF NEW HAMPSHIRE
PUBLIC UTILITIES COMMISSION
DW 24-068
CHARLES EVANS AND EVANS FAMILY, LLC
Petition for Franchise and Exemption from Regulation
(Click to download PDF)
COMMENCEMENT OF ADJUDICATIVE PROCEEDING
On April 29, 2024, Charles Evans and Evans Family, LLC (collectively, the
petitioners) filed a Verified Petition for Franchise and Exemption From Regulation
seeking: (1) to be granted a limited franchise to operate a sewer main extension
pursuant to RSA 374:22 and RSA 374:26; and (2) to be exempt from regulation as a
utility pursuant to RSA 362:4 because it will serve fewer than 75 customers. In
support of their petition, the petitioners filed survey plans, proposed easement deeds,
a map of the limits of the Town of Londonderry (Town) sewer system, property tax
cards, and state and local permits. All docket filings, other than any information
subject to confidential treatment, are available on the Commission’s website at
https://www.puc.nh.gov/Regulatory/Docketbk/2024/24-068.html.
I. BACKGROUND AND PROCEDURAL HISTORY
The petitioners are real estate developers and own multiple parcels of land in
the Town. They recently sold a commercial lot, which currently houses a 75,000
square foot warehouse, located at 13 Page Road in the Town (the Lot) to an unrelated
entity. As part of the sales contract, they agreed to install a sewer main connection to
the Town’s existing system. In order to comply with this requirement, the petitioners
have proposed to construct a sewer extension connecting the Lot to the Town’s system
on Sanborn Road. The extension will run across other property owned by the
petitioners that it is located between Sanborn Road and the Lot.
DW 24-068 - 2 -
In addition to the Lot, the petitioners note that the planned sewer main
extension will also connect to two additional properties. The wastewater from all three
properties will be treated by the Town. The petitioners will initially retain ownership of
the sewer main. However, they indicated in their petition that the Town may
eventually take ownership of the sewer main. Finally, the petitioners noted that up to
nine additional properties could be connected to the sewer extension in the future,
although there are no plans to do so at this time.
II. ISSUES PRESENTED
The filing presents, inter alia, the following issues: (1) whether the petitioners
possess the requisite managerial, financial, technical, and legal expertise to own and
operate a sewer utility in a limited franchise area pursuant to RSA 374:22 and RSA
374:26; and (2) whether that franchise should be exempt from regulation as a public
utility pursuant to RSA 362:4 because it will serve fewer than 75 customers.
Accordingly, an adjudicative proceeding will be convened to address these issues.
The Commission will be conducting the prehearing conference and any hearings
scheduled in this matter in person. The Commission will consider requests to conduct
hearings using a hybrid format to permit remote participation by a specific individual
only if the Commission has determined that a sufficient reason has been provided for
why that individual would be unable to attend in person. Any party requesting that a
specific individual be permitted to participate remotely should file a written request
with the Commission’s Clerk’s Office no later than fifteen (15) days prior to the
prehearing conference or hearing date. If the Commission determines that one or more
individuals will be permitted to appear remotely, then individuals in the Commission’s
hearing room, including the Commissioners, will be broadcast on a web-enabled
platform.
DW 24-068 - 3 -
Based upon the foregoing, it is hereby ORDERED,
that an adjudicative proceeding be commenced for the purpose of
reviewing and resolving the foregoing issues pursuant to RSA chapter 541-A, RSA
362:4, RSA 374:30, RSA 374:22, RSA 374:26, and the Commission’s procedural rules;
and it is
FURTHER ORDERED, the Commission requests that, on or before June 21,
2024, the New Hampshire Department of Energy (DOE) file a recommendation for the
Commission’s action on this petition, which includes whether the matter may be
dispositioned by Order Nisi. FURTHER ORDERED, that any entity or individual may petition to intervene
and seek to be admitted as a party in this proceeding. Each party has the right to have
an attorney represent the party at the party’s own expense; and it is
FURTHER ORDERED, that, consistent with N.H. Admin. R., Puc 203.17 and
Puc 203.02, any entity or individual seeking to intervene in the proceeding shall file
with the Commission a petition to intervene with copies sent to Evans and any other
parties on the service list, on or before June 12, 2024. The petition shall state the
facts demonstrating how the petitioner’s rights, duties, privileges, immunities, or other
substantial interests may be affected by the proceeding, consistent with N.H. Admin.
R., Puc 203.17; and it is
FURTHER ORDERED, that any party objecting to a petition to intervene make
said objection on or before June 19, 2024; and it is
FURTHER ORDERED, should the DOE recommend that a formal hearing is
necessary, the parties may submit a stipulation containing a discovery schedule,
statement of any additional issues not identified in this order of notice, and at least
DW 24-068 - 4 -
three dates on which they would be available for a final hearing in this matter,
including how much time will be required on or before July 15, 2024; and it is
FURTHER ORDERED, if hearing is necessary parties shall file any proposed
exhibits, written testimony, motions, or other documents intended to become part of
the record in this proceeding with the Commission. Pursuant to the secretarial letter
issued on March 17, 2020, which is posted on the Commission’s website at
https://www.puc.nh.gov/Regulatory/Secretarial%20Letters/20200317-SecLtr-TempChanges-in-Filing-Requirements.pdf, all Commission rules requiring the filing of paper
copies are suspended until further notice. Parties may elect to submit any filing in
electronic form unless otherwise ordered by the Commission. Filings will be considered
filed as of the time the electronic copy is received by the Commission; and it is
FURTHER ORDERED, that routine procedural inquiries may be made by
contacting the Commission’s Clerk’s Office at (603) 271-2431 or
ClerksOffice@puc.nh.gov. All requests to the Commission should be made in a written
pleading filed with the Commission. Unless otherwise authorized by law, ex parte
communications are prohibited; and it is
FURTHER ORDERED, that pursuant to N.H. Admin. R., Puc 203.12, the
petitioners shall notify all entities and individuals desiring to be heard at this hearing
by publishing a copy of this order of notice on its website or newspaper of general
publication no later than two business days after the date of issue, such publication to
be documented by affidavit filed with the Commission on or before May 29, 2024. In
addition, the Clerk shall publish this order of notice on the Commission’s website no
later than two business days after the date of issue; and it is
DW 24-068 - 5 -
FURTHER ORDERED, that any hearings in this matter shall be conducted in
accordance with the attached hearing guidelines.
So ordered, this twenty-fourth day of May, 2024.
Daniel C. Goldner
Chairman
Pradip K. Chattopadhyay
