RULEMAKING REGISTER

NEW HAMPSHIRE
RULEMAKING REGISTER
OFFICE OF LEGISLATIVE SERVICES
Fax (603) 271-7871
ROOM 219, STATE HOUSE ANNEX
25 CAPITOL STREET
CONCORD, NEW HAMPSHIRE 03301-6312
Tel. (603) 271-3680
Website: www.gencourt.state.nh.us/rules/index.html
TOO Access:
Relay NH 1-800-735-2964
VOLUME XXXIV, Number 51, December 18, 2014
TABLE OF CONTENTS
1.
OFFICE OF LEGISLATIVE SERVICES
Page No.
a.
List of Notices of Proposed Rule NN 2014-182
b.
Notice of Proposed Rule
1
c.
Request for Advance Public Comment on Subject Matter of Possible Rulemaking for:
PUBLIC UTILITIES COMMISSION
Puc 2100 - Affiliate Transactions Rules
4
-1-
NOTE: POSSIBLE RULE EXTENSION
If the proposed rules contain existing, regular rules being readopted or readopted with amendments, and are not
adopted and effective until after the expiration date(s) of the existing rules(s), then the existing rules will
nevertheless continue in effect pursuant to RSA 541-A: 14-a until the proposed rules are adopted and effective.
2.
COMMITTEE OLCAR)
REGULAR MEETING:
Thursday, December 18, 2014 9:00 a.m.
Rooms 305/307, Legislative Office Building
Under Committee rule 102.04(a) adopted pursuant to RSA 541-A:2, II, the regular monthly
meeting for January shall be the third Friday ofthe month, that is January 16, 2015 unless
amended by the Committee.
CHRISTMAS AND NEW YEAR HOLIDAYS
Rulemaking Register Publication Dates
Thursday, December 25 th is a state holiday therefore the Register that week will be
published on Wednesday, December 241h. The deadline for filing rulemaking notices for
the following week's Register (December 31 SI) will still be Friday, December 26 th •
Thursday, January 1st is a state holiday therefore the Register that week will be published on
Wednesday, December 31 sl• The deadline for filing rulemaking notices for the following week's Register
nd
(January 81h) will still be Friday, January 2 •
NEW HAMPSHIRE RULEMAKING REGISTER
Notices of Proposed Rules
Notice
Number
Rule Number
Agency and Short Title of Rule
2014-182
Saf-C 2800
Department of Safety, Commissioner
Readoption of Administrative License Suspension Rules.
-i-
Page No.
1
NEW HAMPSHIRE RULEMAKING REGISTER
Notice Number
2014-182
1. Agency Name & Address:
December 18,2014
Rule Number
Saf-C 2800
2. RSA Authority:
21-P:14,IVCr)
3. Federal Authority:
Department of Safety
33 Hazen Drive
Concord, NH 03305
Page 1
N/A
4. Type of Action:
Adoption
Amendment
Repeal
Readoption
Readoption w/amendment
5. Short Title:
6. (a)
X
Readoption of Administrative License Suspension Rules
Summary of what the rule says and of any proposed amendments:
The proposed rules are being readopted because the existing rules will expire on January 1, 2015, but are
subject to extension pursuant to RSA 54 I-A: 14-a. The rules set forth the procedures for the administrative
license suspension for persons arrested for driving, operating or attempting to operate an OHRV, driving or
attempting to drive a vehicle upon the ways of this state, or operating or attempting to operate a boat upon
the public waters of tbjs state und er the influence of intoxicating liquor or controlled drugs, prescription
drugs, over-the-counter dru gs or any chemical substances, natural or synthetic or any combination of
intoxicating li.quol' and drugs and who have r.efused a test or examination for the purposes of determining
whether the person is under the influence of intoxicating liquor or controlled drugs, prescription drugs,
over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's
ability to drive.
Changes to the existing rules include recognizing sworn reports that are signed by a commissioner of
deed in Saf-C 2802.08; incorporating OHRV ALS throughout the body of the rules, instead of as a separate
part; replacing references to "district court" with "cireu it court' ; add iog • crim inalist" after "certifying
scientist" in Saf-C 2804.02(g) and Saf-C 2804.07(b )(2)c.; corrected cross-references to other applicable
administrative rules; and changes to the text of the rules to conform wi th the language of the implementing
statutes, RSA 265-A.
6. (b) Brief description of the groups affected:
Those groups affected by the rules include drivers subject to ALS and their counsel; law enforcement
officers; and, the Department of Safety, Bureau of Hearings.
NEW HAMPSHIRE RULEMAKING REGISTER
December 18,2014
Page 2
NN 2014-182 Continued
6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended
to implement:
RULE NUMBER
STATUTE IMPLEMENTED
Saf-C 2801
RSA 541-A:7
Saf-C 2802
RSA 541-A:7
Saf-C 2803.01(a)-(b)
Saf'-C 2803.01(c)
Saf-C 2803.01(d)-(f)
Saf-C 2803.02
Saf-C 2803.03 - 2803.04
Saf-C 2803.05
Saf-C 2803.06
Saf-C 2803.07
RSA 265-A:31, III
RSA 541-A:7
RSA 265-A:31 , III
RSA 265-A:31 , III
RSA 265-A:31 . IV
RSA 265-A:31, V
RSA 265-A:31
Saf-C 2804.01
Saf-C 2804.02
Saf-C 2804.03 -2804.08
Saf-C 2804.09 - 2804.13
Saf-C 2804.14
RSA 265-A:32, lea); 541-A:16, I(b)(2)
RSA 265-A:32, l(c); 541-A:16, I(b)(2)
RSA 265-A:32; 541-A:16, 1(b)(2)
RSA 265-A:33 ; 541-A:16, I(b)(2)
RSA 541-A:16, l(b)(2)
7. Contact person for copies and questions including requests to accommodate persons with disabilities:
Name:
Marta Modigliani, Esq.
Title:
Attorney
Address:
33 Hazen Drive
Concord, NH 03305
Phone #:
603-271-2791
Fax#:
603271-3903
E-mail:
[email protected]
TTY/TDD Access: Relay NH 1-800-7352964 or dial 711 (in NH)
8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format
specified:
Friday, January 16,2015 at 4:15 p.m.
~Fax
9.
~E-mail
Public hearing scheduled for:
Date and Time: - Friday, January 9, 2015 at 1:00 p.m.
Place:
Second Floor Conference Room
NH Department of Safety
33 Hazen Drive
Concord, NH 03305
DOther format (specify):
NEW HAMPSHIRE RULEMAKING REGISTER
December 18,2014
Page 3
NN 2014-1 82 Continued
10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant)
FIS #
14:185
, dated
December 8, 2014
1. Comparison of the costs of the proposed rule(s) to the exlsti.;tg rule(s):
There is no difference in cost when comparing the proposed rules to the existing rules.
2. Cite the Federal mandate. Identify the impact on state funds:
No federal mandate, no impact on state funds .
3. Cost and benefits of the proposed rule(s):
A.
To State general or State special funds:
None.
B.
To State citizens and political subdivisions:
None.
C.
To Independently owned businesses:
None.
11 . Statement Relative to Part I, Article 28-a of the N.H. Constitution:
1.
The proposed rules do not create a new program or responsibility, or expand or modify an
existing program or responsibility, to any political subdivision.
2.
The proposed rules do not mandate or assign a program or responsibility to any political
subdivision of the state in such a way as to increase the costs the political subdivision must
pay.
3.
No state funding is necessary because the proposed rules do not mandate or assign a
program or responsibility to any political subdivision so as to increase the costs the political
subdivision must pay.
NEW HAMPSHIRE RULEMAKING REGISTER
Page 4
December 18,2014
REQUEST FOR ADVANCE PUBLIC COMMENT ON SUBJECT
MATTER OF POSSIBLE RULEMAKING
1. Agency Name & Address:
Rule Number
Puc 2100
2. RSA Authority:
RSA 365:8, VIII
3. Federal Authority:
Public Utilities Commission
21 South Fruit Street, Suite 10
Concord, NH 03301
NA
4. Type of Action:
Adoption
Amendment
Repeal
Readoption
Readoption w/amendment
5. Short Title:
X
Affiliate Transactions Rules
IN ACCORDANCE WITH RSA 54 I-A: 11, VIII THIS AGENCY IS SOLICITING PUBLIC COMMENT ON A
SUBJECT MATTER OF POSSmLE RULEMAKING UNDER ACTIVE CONSIDERATION PRIOR TO
FORMALLY PROPOSING RULES IN THE RULEMAKING PROCESS. WHERE, WHEN, AND HOW
PERSONS MAY PROVIDE COMMENT ARE INDICATED BELOW.
6. (a)
Summary of the subject matter, or summary of the rule if drafted, and the effect on those regulated:
The Commission granted the request of the New England Power Generators Association
(NEPGA) to open a rulemaking, Docket No. DRM 14-234. NEPGA's proposed rule, the
Commission's order, and comments received to date may be reviewed in Docketbook at the
Commission's website, www.puc.nh.gov. The Commission is considering whether to incorporate
into the Puc 2100 affiliate transactions rules a new type of affiliate that may be called an "energy
project development affiliate," and the Commission is considering the rules that may apply to such
an affiliate.
6. (b)
Brief description of the groups affected:
The groups affected could be utilities and their affiliates that seek to develop generation,
transmission, or distribution projects, and entities that may complete with such utilities and their
affiliates.
December 18,2014
NEW HAMPSHIRE RULEMAKING REGISTER
Page 5
7. Contact person for copies, questions, and receipt of comment including requests to accommodate persons
with disabilities:
Name:
Michael Sheehan
Title:
Staff Attorney
Address:
21 South Fruit Street, Suite 10
Concord, NH 03301,
Phone #:
603-271-6028
Fax#:
603-271-3878
E-mail:
[email protected]
TTY/TDD Access: Relay NH 1-800-735-
2964 or dial 711 (in NH)
8. Deadline for submission of comment in writing or, if practicable for the agency, in the electronic format
specified:
January 5,2015
~Fax
9. Public hearing scheduled for:
~E-mail
NA
DOther format (specify):

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