CHAPTER
En 600 RULES FOR WATER SERVICE
REVISION NOTE:
Document #13911, effective 3-21-24,
adopted Chapter En 600 titled “Rules for Water Service.” Document #13911 was adopted pursuant to RSA
12-P:5, IV, RSA 370:3, RSA 370:5, RSA 374:39, and RSA 374:50 to the extent the
provisions apply under the authority of the Department of Energy.
Pursuant to 2021, 91:187, effective
7-1-21, the Department of Energy was established by the adoption of RSA
12-P. Pursuant to RSA 12-P:11, “All of
the functions, powers, duties, records, personnel, and property of the public
utilities commission incorporated in the statutes establishing the department
of energy and which replace the authority of the commission with the authority
of the department of energy, are hereby transferred, as of July 1, 2021, to the
department of energy.”
Pursuant to RSA 12-P:14, “Existing rules, orders, and approvals of the public
utilities commission which are associated with any functions, powers, and
duties, transferred to the department of energy pursuant to RSA 12-P:11 or any
other statutory provision, shall continue in effect and be enforced by the
commissioner of the department of energy until they expire or are repealed or
amended in accordance with applicable law.”
Chapter En 600 applies to water
utilities and operators in the state and governs water service by adopting the
former rules in Chapter Puc 600 of the Public Utilities Commission regarding
quality of service, water quality, meter accuracy and testing, equipment and
facilities, records and reports, safety and inspections, accident and leak
reporting, and other reporting and accounting, and applicable forms.
The Public Utilities Commission
subsequently readopted with amendments Chapter Puc 600 titled “Rules for Water
Service” in Document #13887, effective 4-22-24.
Amendments included, but were not limited to, the deletion of existing
provisions in Chapter Puc 600 which Document #13911 had adopted in Chapter En
600. See Revision Note #1 and Revision
Note #2 at the chapter heading for Chapter Puc 600 for the filings affecting
the former Chapter Puc 600.
PART En 601 APPLICATION OF RULES
En 601.01 Application of Rules. En 600 shall apply to any water utility as
defined in En 602.15.
Source. #13911, eff
3-21-24 (see Revision Note at chapter heading for En 600)
En 602.01 "Class A water utility" means a water
utility having annual water operating revenues of $750,000 or more.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 602.02 "Class B water
utility" means a water utility having annual water operating revenues of
$150,000 or more, but less than $750,000.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 602.03 "Class C water utility" means
a water
utility having annual water operating revenues of less than $150,000.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 602.04 "Commission" means the New
Hampshire public utilities commission.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 602.05 "Customer" means any person,
firm, corporation, cooperative marketing association, utility, or governmental
unit or subdivision of a municipality, state, or nation supplied with water
service by a water utility.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 602.06 "Customer service pipe" means that
section of service pipe from the customer's property line or the curbstop to
the customer's place of consumption.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 602.07 "Department"
means the New Hampshire department of energy.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 602.08 "Franchise" means the right to
conduct business as a utility pursuant to RSA 374:22 and RSA 374:26.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 602.09 "Meter"
means a device installed by a water utility for the measurement of water quantities to be used as a
basis for determining charges for water service.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 602.10 "Normal operating pressure" means
pressure occurring between that when system storage is at the:
(a)
Lowest point of its normal operating range during maximum day demand;
and
(b)
Highest point of its normal operating range during minimum day demand.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 602.11 "Service connection" means the
point of connection between the customer’s service pipe and the water utility’s
service line.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 602.12 "Service entrance" means the point
at which the customer service pipe enters the customer's building.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 602.13 "Service pipe" means the connection
between the water utility's main and the customer's place of consumption and
includes all of the pipe, fittings, and valves necessary to make the
connection.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 602.14 "Small water system" means any water
distribution system serving fewer than 600 customers:
(a) Which has received a franchise and
established an initial revenue requirement pursuant to Puc 1600;
(b) Which is not interconnected with any other
water distribution system owned, operated by, or affiliated with the same
individual or entity; and
(c) Whose revenue requirement is established
based on the value of the assets used to serve only those customers served by
that water distribution system.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
(a) Municipal corporations operating within their
corporate limits;
(b)
Municipal corporations which are exempt pursuant to RSA 362:4, to the extent of
any such exemption;
(c) Any landlord supplying water to tenants which
service is included in a rental fee; or
(d) Any association of residents supplying water
to themselves.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 602.16 "Water utility service pipe" means
that portion of the service pipe not characterized as customer service line or
pipe.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 602.17 "Water service"
means the furnishing of water to a customer in this state by a water utility.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
PART En 603 SERVICE PROVISIONS
En 603.01 Information to Customers.
(a)
Each water utility shall, upon request, provide a customer with a copy
of the most recent chemical analysis of the water supplied.
(b)
Not more than one chemical analysis per customer per year shall be
required pursuant to (a) above.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 603.02 Measurement of Service.
(a)
All water sold by a water utility shall be billed on the basis of
metered volume sales unless a waiver is granted by the department for unmetered
service, pursuant to the waiver provisions of En 201.05.
(b)
Temporary service may be provided on a flat rate basis when the use of
water can be readily estimated if approved by the commission.
(c)
Service of a character for which there is no rate of general application
may be rendered under a special contract between the water utility and the
applicant to become effective only after order of the commission pursuant to
RSA 378:18.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 603.03 Meter Reading and Bill Forms.
(a)
All meters used for metered sales shall have registration devices
indicating the volume of water in either cubic feet or United States gallons. Where a constant or multiplier is necessary to
convert the meter reading to cubic feet or gallons, the constant shall be
plainly marked on the face of the meter.
(b)
In instances where the water utility installs a remote meter read
device, the meter having actual contact with water shall serve as the primary
registrant and shall be the determinant for all billing and billing
adjustments.
(c)
A water utility shall, except as a result of weather-related emergencies
or other extenuating circumstances, read the meter or remote read device of its
metered customers every billing period. In
no case shall it do so less than every third billing period, except as provided
in (d) below.
(d)
If the billing period is 6 months or longer, the water utility shall,
except as a result of weather-related emergencies or other extenuating
circumstances, obtain a reading of the meter or remote read device of its
metered customers each billing period. In no case shall it do so less than annually.
(e)
When a remote meter read device is a pulse or other non-encoder type,
the water utility shall obtain a reading from the water meter itself at least
every 2 years.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 603.04 Customer Relations. Each water utility shall comply with the
additional rules governing provision of service to customers contained in En
1200, uniform administration of utility customer relations.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
PART En 604 QUALITY OF WATER SERVICE
En 604.01 Effluent Standards.
(a) Each water utility shall conform to all
requirements of the New Hampshire department of environmental services for
construction and operation of its water systems regarding sanitation and
potability of the water.
(b) When a water utility is notified that its
water quality is being investigated by the department of environmental
services, the water utility under investigation shall notify the department in
writing within 10 business days.
(c)
The water utility referred to in (b) above shall submit to the department
a final report on any such investigation or review within 10 days after final
disposition of the matter.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 604.02 Cross-Connections. Each water utility shall conform to all
requirements of the department of environmental services relative to
cross-connections.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 604.03 Pressure.
(a)
Each water utility shall maintain normal operating pressures of not less
than 20 pounds per square inch (psi) nor more than 125 psi at the service
connection, subject to (b) below.
(b)
For new services connected after the effective date of these rules, each
water utility shall maintain normal operating pressures of not less than 30 psi
nor more than 100 psi at the service entrance to each building, measured with
no water flow inside the building, unless the requirements of En 604.04(d) and
(f), or (g) are met.
(c)
Water utilities shall make every reasonable effort to deliver normal
system operating pressures within the 30 to 100 psi range to customer service locations
connected prior to the effective date of these rules.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 604.04 Pressure Variation.
(a)
Variations in pressure under normal operating conditions shall not
exceed by one-third, either above or below, the average operating pressure, but
in no case shall exceed 20 psi above or below the average operating pressure,
unless the water utility obtains a waiver, pursuant to the waiver provisions of
En 201.05.
(b)
The average operating pressure shall be determined by computing the
arithmetical average of at least 24 consecutive hourly pressure readings.
(c)
Pressure variations outside the limits specified shall not be considered
a violation of this rule when they:
(1) Arise from unusual or extraordinary
conditions;
(2) Are infrequent fluctuations not exceeding 5
minutes duration; or
(3) Arise from the operation of the customer's
equipment.
(d)
In systems of widely varying elevations, a water utility may undertake
to furnish a new service which does not comply with the specifications
contained in either (a) and (c) above or the minimum or maximum pressure
requirements of En 604.03(b), if:
(1) The customer is fully advised of the
conditions under which average service may be expected; and
(2) The customer's agreement is secured in
writing.
(e)
The water utility may require in the agreement referred to in (d) (2)
above that its terms shall be binding on future customers served at the same
location under similar circumstances.
(f)
The water utility shall record the agreement referred to in (d)-(2)
above at the appropriate registry of deeds.
(g)
Except as provided in (d) above, where a water utility is providing new
water service where pressures or pressure variations fail to meet the above
limits, the water utility shall require installation of booster pumps, if
permitted by the department of environmental services, on a case by case basis,
or pressure reducing devices, by and at the expense of the customer.
(h)
The water utility shall provide the appropriate remediation device as
described in (g) above at its own expense for the following:
(1) A service connected on or after September 10,
2013, which:
a. Fails to meet:
1. The minimum and maximum pressure requirements
of 30 psi and 100 psi established by En 604.03(b); or
2. The pressure variation criteria of this
section; and
b. Is a location where the water utility has
failed to apply the requirements of paragraph (d) or (g) above; or
(2) A service connected between May 4, 1982 and September
10, 2013 which:
a. Fails to meet either:
1. The older 20 psi minimum or the 125 psi
maximum pressure criteria of En 604.03(a); or
2. The pressure variation criteria of this
section.
(i)
Services connected as provided in (h)(2) above shall be exempt from the
remediation device requirement to the extent that the pressure or pressure
variation requirements of (h)(2)a. were waived by an agreement recorded
pursuant to (f) above or if the service was previously remediated by the
customer.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 604.05 Pressure Surveys and Records.
(a)
Each water utility serving 300 or more customers shall provide itself
with one or more recording pressure gauges for the purpose of making pressure
surveys as required by these rules.
(b)
These gauges shall be suitable to record the pressure experienced on the
water utility's system and shall be able to record a continuous 24-hour test.
(c) One of these recording pressure
gauges shall be maintained in continuous service at some representative point
on the water utility's mains in each individual service area containing 200 or
more customers.
(d)
At regular intervals, but not less than once in every 5 years, and when
substantial changes either in demand or distribution system occur, each water
utility shall make a survey of pressures in its distribution system sufficient
to determine the pressures maintained at representative points on its system
and to indicate compliance with the pressure requirements herein.
(e)
Such surveys shall be made at or near the period of maximum usage.
(f)
Water utilities serving less than 300 customers may make such tests with
an indicating pressure gauge, provided however, that when no recording gauge is
maintained on the system such tests shall be made annually.
(g)
Each water utility shall retain for at least 2 years and shall make
available for inspection by the department or its representative all pressure
records obtained under this section.
(h)
Reports of pressure complaints shall be made on Form E-14, which is
described as En 609.05, once a month, if any occur.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 604.06 Interruptions of Service.
(a)
Each water utility shall use all reasonable means to avoid interruptions
to service, but should interruption occur service shall be re-established
within the shortest time practicable, consistent with safety.
(b)
When an emergency interruption of service affects any portion of the
fire protection system, the water utility shall promptly notify the fire chief
or other public official responsible for fire protection of such interruption
and of subsequent restoration to normal service.
(c)
Each water utility shall keep a record of all interruptions to service
of over 30 minutes duration affecting any portion of the distribution system.
(d)
A water utility shall include in the record of service interruptions
required by (c) above the following:
(1) Date and time of interruption;
(2) Approximate number of customers affected;
(3) The date and time of service restoration;
(4) The cause of such interruption when known;
and
(5) Steps taken to prevent its recurrence.
(e)
When service is interrupted to perform scheduled work on mains or
equipment, such work shall be done at a time causing minimum inconvenience to
customers, consistent with the circumstances.
(f)
Customers affected by such interruption shall be notified in advance, if
practicable.
(g)
Where any main supplying public fire protection service is interrupted,
the water utility shall promptly notify the fire chief or other official
responsible for fire protection, stating the approximate time and anticipated
duration.
(h)
The fire chief or other official responsible for fire protection shall
be notified promptly upon restoration of service.
(i)
Reports of service interruptions shall be made to the department on Form
E-18, which is described in En 609.09, once a month, if any occur.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 604.07 Shortage of Supply.
(a)
The water utility shall furnish a continuous and adequate supply of
water to its customers and avoid any shortage or interruption of delivery
thereof except when prevented from doing so by emergencies the effect of which
prudent planning would not have avoided.
(b)
If a water utility finds that it is necessary to restrict the use of
water it shall give the department and its customers written notice, except in
emergency conditions, no less than 24 hours in advance, before such restriction
becomes effective.
(c)
Such notifications shall specify:
(1) The reason for the restriction;
(2) The nature and extent of the restriction,
such as restrictions on outdoor use of water or use by certain classes of
customers;
(3) The date such restriction is to go into
effect; and
(4) The probable date of termination of such
restriction.
(d)
During times of threatened or actual water shortage each water utility
shall equitably apportion its available water supply among its customers with
due regard to public health and safety.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 604.08 Conservation. Each water utility shall comply with water
conservation rules promulgated by the department of environmental services
pursuant to RSA 485:61.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
PART En 605 METER ACCURACY AND TESTING
En 605.01 Inspection of Meters.
(a)
All new meters shall be inspected for correctness of register size and
multiplier before being installed on a customer's premises.
(b)
All meters removed from service which are to be reinstalled shall be
inspected for correctness of register size and multiplier.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 605.02 Meter Installations.
(a)
All meters shall be in good mechanical condition and of adequate size
and design for the type of service which they measure. All meters shall be checked to ensure
correctness of operation when installed.
(b)
Each water utility shall adopt a standard method of meter installation
which includes:
(1) Providing a written description and drawings,
or both, to the extent necessary to provide a clear understanding of the
requirements; and
(2) Making
available copies of these methods of installation to prospective customers and
contractors or others engaged in the business of placing pipe for water
utilization.
(c)
The customer shall provide an accessible area protected from temperature
variation and weather in which to set the meter which shall be located as
nearly as practical to where the service pipe enters the building.
(d)
If an adequate space is not provided in which to install a meter, the water
utility may:
(1) Refuse service; or
(2) At the option of the customer, install an
outside meter pit at the expense of the customer.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 605.03 Test and Calibration of Meters.
(a)
All meters shall be tested and calibrated in accordance with the
requirements set forth in this section.
(b)
No meter shall be placed in service or permitted to remain in service if
the error of registration exceeds specifications in (d) below.
(c)
A water utility shall test all meters as specified by size in the left
column, at the 3 rates of flow specified in table 6.5.1 below:
Table 6.5.1 Test
Flows Required by Size of Meter
|
|
Test Flow -
Gallons per Minute |
||
|
Meter Size -
Inches |
Minimum |
Medium |
Maximum |
|
|
|
|
|
|
5/8 |
1/4 |
2 |
15 |
|
5/8 x 3/4 |
1/4 |
2 |
15 |
|
3/4 |
1/2 |
3 |
25 |
|
1 |
3/4 |
4 |
40 |
|
1 1/2 |
1 1/2 |
8 |
50 |
|
2 |
2 |
15 |
100 |
|
3 |
4 |
20 |
150 |
|
4 |
7 |
40 |
200 |
|
6 |
12 |
60 |
500 |
(d)
A meter shall be determined inaccurate and shall not be placed or
returned to service if:
(1) The percent error of registration exceeds
103% or is less than 97%; or
(2) The registration at the minimum flow exceeds
103% or is less than 90%.
(e)
The percent error of registration shall be taken as the algebraic sum of
the errors at the intermediate and maximum rates of test flow, as set forth in
the Table 6.5.1, divided by 2.
(f)
Upon completion of an adjustment of any meter under the provisions of
these rules, the water utility shall affix thereto a suitable seal in such a
manner that the adjustment of registration of the meter cannot be tampered with
without breaking the seal.
(g)
At the option of the water utility, the larger size meters may be tested
in place after installation.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 605.04 Test Schedules for Meters.
(a)
All new meters shall be tested and calibrated before being put into
service.
(b)
A water utility shall not be required to report to the department new
meter tests referred to in (a) above nor shall these tests be considered as
periodic tests of meters in service.
(c)
A water utility shall conduct tests on meters in service, according to
the size of the meter in inches, in accordance with the schedule established by
table 6.5.2 below:
Table 6.5.2
Testing Interval Required By Size of Meter
|
Size of Meter -
Inches |
Maximum Interval
Between Tests |
|
|
|
|
5/8 |
10 years |
|
3/4 |
10 years |
|
1 |
4 years |
|
1 1/2 |
4 years |
|
2 |
4 years |
|
3 |
2 years |
|
4 |
1 year |
|
6 |
1 year |
(d)
All meters removed from service and not due for periodic test shall be
tested before being put back into service.
(e)
Source meters shall be calibrated at least every 10 years.
(f)
When a customer requests that the customer’s meter be tested, a water
utility:
(1) Shall test the accuracy of the customer's
meter within 15 days from the time the request is made;
(2) May require a deposit and charge for meter
testing in an amount in accordance with the water utility’s tariff provisions;
(3) Shall promptly refund the deposit and charge
if on testing the meter is found to be over-registering by more than 3% or
under-registering as described in En 605.03(d);
(4) May retain the deposit amount if the meter is
found to meet the accuracy requirements of En 605.03(d);
(5) Shall permit a customer to be represented in
person or by their agent when the water utility conducts the test of the meter;
and
(6) Shall provide to the customer within 15 days
after completion of the test a report giving:
a. The name of the customer requesting the test;
b. The date of the request;
c. The location, type, make, size, and serial
number of the meter;
d. The date tested; and
e. The result of the test.
(g)
When a customer makes written application to the department for testing
of a meter, sometimes called referee testing, the department staff shall
arrange to have the meter tested in staff’s presence as soon as is practicable.
(h)
When notified of an application submitted for a referee test as provided
in (g) above, the water utility shall not remove, interfere with, or adjust the
meter to be tested without the written consent of the customer, and a waiver
from the department, pursuant to the waiver provisions of En 201.05.
(i)
A complete record of all tests and adjustments and data sufficient to
allow checking of test calculations shall be recorded by the meter tester.
(j)
The test record referred to in (i) above shall include:
(1) The identifying number of the meter;
(2) The type of the meter;
(3) The date and kind of tests made;
(4) The reading of that meter before making any
test;
(5) The error as found at each test; and
(6) If repaired the accuracy of the meter after
the final test.
(k)
The complete record of tests of each meter shall be continuous for at
least 2 periodic tests, and in no case for less than 2 years.
(l)
Each water utility shall report to the department periodic tests of
meters on Form E-15, which is described in En 609.06.
(m) Each water utility shall report
requests or referee tests, referred to in (f) and (g) above, to the department
on Form E-16, which is described in En 609.07, once a month, if any occur.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 605.05 Customer's Bill Adjustments.
(a)
In meter tests made by the water utility or monitored by the department
as provided by En 605.04, the correctness of registration of the meter and its
performance in service shall be judged by its average error, determined in
accordance with En 605.03.
(b)
Any adjustment of charges which is made in accordance with this section
shall be based on the average error thus derived.
(c)
Whenever a meter is found to register in excess of 103% of the correct
amount, the water utility shall refund to the customer an amount equal to the
charge for the excess billed for the shorter of the following:
(1) The previous 12 months;
(2) A period equal to 1/2 of the time elapsed
since the last test; or
(3) The period of occupancy by the customer.
(d)
If the time when the error, referred to in (c) above, first developed or
occurred can be definitely fixed, the amount to be refunded shall be based
thereon.
(e)
Whenever a meter is found to under-register as outlined in En 605.03(d),
the water utility may make a charge to the customer for the unbilled amount
supplied for the shorter of:
(1) The previous 12 months;
(2) A period equal to 1/2 of the time elapsed
since the last test; or
(3) The period of occupancy by the customer.
(f)
If a meter or remote register is found which does not register properly,
the bill for the period of improper registration shall be based upon
information recorded by a meter or remote register, during a period during
which the device is determined to accurately record use, prior or subsequent to
the period of improper registration, and any other pertinent information
supplied by the customer or known to the water utility.
(g)
The period for recovery of the difference between previously billed amounts
and estimated actual consumption under (f) above shall not exceed 12 months.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 605.06 Test Facilities and Equipment.
(a)
Each water utility furnishing metered water service shall either:
(1) Provide the necessary standard facilities,
instruments, and other equipment for testing meters in compliance with these
rules; or
(2) Enter into satisfactory arrangements for test
of its meters by another water utility or agency equipped to test meters in
compliance with these rules, subject to obtaining a waiver from the department,
pursuant to the waiver provisions of En 201.05.
(b)
Each water utility shall maintain or arrange for the use of a meter test
shop which, insofar as practicable, shall simulate the actual service
conditions.
(c)
The meter test shop required by (b) above shall be provided with:
(1) The necessary fittings, including a
quick-acting valve for controlling the starting and stopping of the test; and
(2) A device for regulating the flow of water
through the meter under test.
(d)
The accuracy of the test equipment and test procedures shall be
sufficient to enable shop test of displacement meters with an error not to
exceed 0.5%.
(e)
Each water utility shall maintain or arrange for the use of measuring
devices for test of meters.
(f)
The measuring devices required by (e) above shall consist of calibrated
tanks for volumetric measurements, tanks mounted upon scales for weight
measurement, or standard meters.
(g)
In using the measuring devices required by (e) above the water utility
shall adhere to the following test measurement standards:
(1) When a volumetric tank is used it shall be
certified by the New Hampshire or local sealer of weights and measures;
(2) When a weight standard is used the scales
shall be tested and certified at least once every year by the New Hampshire or
local sealer of weights and measures, and a record maintained of the results of
such test;
(3) Basic standards used for meter tests shall be
of sufficient capacity to ensure accuracy of the test; and
(4) Standard meters may be used for the purpose
of testing meters in place provided they have been tested and calibrated within
the limits of accuracy required by Puc 600, either by the water utility with
its volumetric or weight standard equipment or by an approved laboratory,
within the previous 60 days.
(h) The water utility shall keep a record of
tests referred to in 605.06(g)(4) above for a period of not less than 5 months.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 605.07 Underground Utility Damage Prevention
Program. All water utilities shall
comply with En 800, the underground utility damage prevention program rules.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
PART En 606 EQUIPMENT AND FACILITIES
En 606.01 Standard Practice.
(a)
Each water utility shall construct, install, operate, and maintain its
plant, structures, equipment, and mains:
(1) In accordance with applicable “American Water
Works Association Standards” copyrighted by the American Water Works
Association, as found in Appendix B, pursuant to the applicable standards
described in N.H Code Admin. Rule Env-Dw 407.01, Standards of the American
Water Works Association; and
(2) In such manner, insofar as practical:
a. To best accommodate the public; and
b. To prevent
interference with service furnished by other underground facilities, including
gas, electric, telephone, steam, sewer, and other underground and above ground
facilities.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 606.02 Distribution System and Mains.
(a)
Water mains shall be installed below the normal frost line or otherwise
protected to prevent freezing. Mains used exclusively to provide temporary or
seasonal service shall be excluded from this requirement.
(b)
Insofar as practicable, the water utility shall design its distribution
system so as to avoid dead ends on its mains.
(c)
Where dead ends are unavoidable the water utility shall provide hydrants
or valves for the purpose of flushing the mains.
(d)
Where dead ends are unavoidable the water utility shall adhere to the
following standards:
(1) Mains with dead ends shall be flushed as
often as necessary to maintain the proper quality of the water;
(2) Records shall be kept of all flushings of
mains, showing the date, place, and duration; and
(3) Flushing records shall be used as a guide in
determining the necessary frequency of flushing of the same mains thereafter.
(e)
Valves shall be provided at intervals in the mains sufficient to allow
the water utility to facilitate repairs and minimize interruptions of service.
(f)
Whenever feasible, the distribution system shall be laid out in a grid
segmented so that in case of breaks or repairs the number of customers affected
can be minimized.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 606.03 Fire Protection and Hydrants.
(a)
A water utility and an applicant may negotiate regarding fire hydrants,
public and private fire protection facilities, and connecting mains, as to the
following:
(1) Specifications;
(2) Location;
(3) Installation;
(4) Responsibility for maintenance; and
(5) Ownership.
(b)
Fire hydrants and public and private protection facilities shall be
installed in conformity to the requirements of the water utility.
(c)
Hydrants maintained by the water utility shall be inspected and flushed
at least once each year and shall be checked for freezing as often as necessary
to ensure that they are functioning properly.
(d)
A record of each hydrant shall be maintained showing the size, type,
location, date of inspection, and flushing and the results thereof.
(e) Reports of periodic inspection of flushing of
hydrants shall be reported to the department on Form E-17, described at En 609.08
once a year.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 606.04 Valves and Service Connections.
(a)
Each water utility shall locate, operate, and inspect each valve on its
distribution system at least once every 5 years.
(b)
A water utility annually shall locate, operate, and inspect valves which
are:
(1) Larger than 12 inches in diameter;
(2) Located on major transmission lines; or
(3) Otherwise critical to system operation.
(c)
A water utility shall keep a record of each valve showing the size,
type, location, date of inspection, and the results of each inspection.
(d)
Each water utility shall require that the size, design, material, and
installation of the service pipe shall conform to such requirements of the water
utility as may be incorporated in its rules and regulations.
(e)
The water utility shall require that the minimum size of the service
pipe shall not be less than 3/4 inch nominal size except under unusual
circumstances, such as might exist in a residence with very low demand located
very close to the main.
(f)
All service pipes shall be laid at a depth sufficient to prevent
freezing, except where services are not intended for use during freezing
weather and are drained during such periods.
(g)
Curb stops shall be placed at the customer's property line except in
unusual situations such as service to an apartment or to a condominium.
(h)
Each water utility shall require that the customer shall not install any
tree or branch connection in the service pipe.
(i)
A water utility may require the customer to leave the trench open and
customer service pipe uncovered until it is inspected by the water utility and
shown to be free from any irregularity or defect.
(j)
Each water utility shall require the following in relation to individual
service connections:
(1) Each service connection shall be provided
with an individual shut-off;
(2) No tandem services shall be permitted; and
(3) Where such tandem services exist, the
shut-offs necessary to comply with this requirement shall be installed.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 606.05 Disinfection of Facilities. Disinfection of facilities shall be as
approved by the New Hampshire department of environmental services.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
PART En 607 RECORDS AND REPORTS
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 607.02 Station Records. Each water utility shall keep sufficient
records of the operation of its pumping, filtering, chlorinating, and other
units to show the characteristics and performance of each.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 607.03 Water Supply Measurement.
(a)
Each water utility shall install a suitable measuring device at each
source of supply in order that a record can be maintained of the quantity of
water produced at each source.
(b)
At least once each month each water utility shall determine the quantity
produced from each source of supply.
(c)
A water utility shall record and transmit in the water utility's annual
report its 12 month totals of water supply by sources.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 607.04 System Maps.
(a)
Each water utility shall have on file at its principal office located
within New Hampshire a map, maps, or drawings showing the following:
(1) The size, character, and location of all
mains including hydrants and valves;
(2) The size and location of each service
connection, where practicable; and
(3) The layout of
all principal pumping stations, filter, and chlorinating plants to show size,
location, and character of all major equipment, pipelines, connections, valves,
and other equipment used.
(b)
In lieu of showing service locations on maps, referred to in (a)(2)
above, a card record or other suitable means may be used.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 607.05 Meter Records.
(a)
Each water utility shall keep records numerically arranged and
classified by meter type presenting, for each meter owned and used by the water
utility for any purpose, the following:
(1) Identification number;
(2) Date of purchase;
(3) Name of manufacturer;
(4) Serial number;
(5) Type;
(6) Rating; and
(7) Information as to each premises where the
meter has been in service, as follows:
a. The name and address of each customer on
whose premises the meter has been in service;
b. Date of installation; and
c. Date of removal.
(b)
These records shall be maintained in a manner such that the date of the
last test is readily ascertainable.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 607.06 Reports to Department.
(a)
The water utility shall furnish the department with any information
concerning the water utility's facilities or operations which the department shall
request and need for evaluating rates, the practices of the water utility, including
whether the service provided and facilities used are reasonably safe and
adequate.
(b)
Each water utility shall file periodic reports with the department as
required by En 609.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
PART En 608 SAFETY AND INSPECTIONS
En 608.01 Safety Instructions.
(a) Each water utility shall adopt comprehensive
instructions for the safety of employees regarding the operation, construction,
and maintenance of its plant facilities.
(b)
Each water utility shall require that such employees have been properly
informed of safe practices and are cognizant of all hazards involved.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 608.02 Resuscitation.
(a)
Each water utility shall institute and maintain a program instructing
its employees engaged in electrical work or work in hazardous atmospheres, such
as in-ground pump stations or meter vaults, in safety procedures for
resuscitation emergencies.
(b)
Copies of safety procedures shall be furnished to each such employee.
(c)
Electrical work as used herein shall be construed to mean work on all
live electric conductors and equipment.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 608.03 Accidents.
(a)
Each water utility shall report to the department as soon as possible
after each accident occurring in connection with the operation of its property,
facilities, or services, wherein any person shall have been killed or seriously
injured or whereby any serious property damage shall have been caused.
(b)
The first report of an accident may be preliminary, but if so, shall be
followed later by as full a statement as possible of the cause and details of
the accident and precautions taken, if any, to prevent recurrence.
(c)
Accidents resulting in slight injuries which do not incapacitate the
person injured from active work for more than 6 days in the aggregate during
the 10 days immediately following injury shall not be required to be reported.
(d)
The water utility shall report to the department on Form E-5W, "Utility
Accident Report," described in En 609.04, any accident related to its water
utility operations which is not a slight accident as described in (c) above.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 608.04 Department Inspection. The department shall, from time to time,
inspect the works and system of each water utility and the manner in which it
has conformed and presently conforms to statutes or department or commission
rules or orders.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
PART En 609 FORMS TO BE FILED BY ALL WATER UTILITIES
En
609.01 F-1C Quarterly Statement of
Operations.
(a) Any water utility which does not file a
statement of operations with the department and the commission on a monthly
basis shall complete and file department "Form F-1C, Quarterly Statement
of Operations" revised March 2024 with the department and the commission, available
on the department’s website at www.energy.nh.gov,
on a quarterly basis.
Source. #13911, eff
3-21-24 (see Revision Note at chapter heading for En 600)
En 609.02 F-16 Water Annual Report.
(a)
Each "Class A" and "Class B" water utility as
defined by En 602.01 and En 602.02, respectively, which maintains its books on
a calendar year basis shall complete and file department Form "F-16-Water,
Water Utilities – Classes A and B, Annual Report of [Exact Legal Name of
Respondent]" revised March 2024, available on
the department’s website at www.energy.nh.gov, and
file one signed original and one electronic copy with the department and the
commission annually on or before March 31st. Form “F-16-Water Utilities, Annual Report of
[Exact Legal Name of Respondent]” shall be signed under oath subject to the
certification set forth in En 609.02(e).
(b)
Each "Class C" water utility as defined by En 602.03 which
maintains its books on a calendar year basis shall complete and file department
Form "F-16-Water, Water Utilities – Class C, Annual Report of [Exact Legal
Name of Respondent]" revised March 2024, available on the department’s
website at www.energy.nh.gov, and file one signed original and one electronic
copy with the department and the commission annually on or before March 31st.
Form “F-16-Water Utilities, Annual
Report of [Exact Legal Name of Respondent]” shall be signed under oath subject
to the certification set forth in En 609.02(e).
(c) Each "Class A" and "Class B"
water utility as defined by En 602.01 and En 602.02, respectively, which
maintains its books on a fiscal year basis which does not coincide with a
calendar year shall complete and file utilities department Form “F-16-Water,
Water Utilities – Classes A and B, Annual Report of [Exact Legal Name of
Respondent]” revised March 2024, available on the department’s website at www.energy.nh.gov, and file with the
department and the commission one signed original and one electronic copy by
email or through the department’s electronic records filing system no later
than 90 days following the close of each fiscal year. Form “F-16-Water
Utilities, Annual Report of [Exact Legal Name of Respondent]” shall be signed
under oath subject to the certification set forth in En 609.02(e).
(d) Each “Class C” water utility as defined by En
602.03 which maintains its books on a fiscal year basis which does not coincide
with a calendar year shall complete and file department Form “F-16-Water, Water
Utilities – Class C, Annual Report of [Exact Legal Name of Respondent]” revised
March 2024, available on the department’s website at www.energy.nh.gov, and
file with the department and the commission one signed original and one
electronic copy by email or through the department’s electronic records filing
system no later than 90 days following the close of each fiscal year. Form
“F-16-Water Utilities, Annual Report of [Exact Legal Name of Respondent]” shall
be signed under oath subject to the certification set forth in En 609.02(e).
(e) Form “F-16-Water Utilities, Annual Report of
[Exact Legal Name of Respondent]” as required in (a) – (d) above shall be
signed under oath subject to the following certification:
“We, the
undersigned, _______ and _______ of the ______utility, on our oath do severally
say that the foregoing report has been prepared, under our direction, from the
original books, papers, and records of said utility, that we have carefully
examined the same, and declare the same to be a complete and correct statement
of the business and affairs of said utility, in respect to each and every
matter and thing therein set forth to the best of our knowledge, information
and belief, and that the accounts and figures contained in the foregoing report
embrace all of the financial operations of said utility during the period for
which said report is made.”
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 609.03 F-22 Information Sheet.
(a)
Each water utility shall complete and file with the department and the
commission a department “Form F-22,
Information Sheet” revised October 2023, available on the department’s website at
www.energy.nh.gov:
(1) Annually; and
(2) Whenever any changes occur to the information
included in the Form F-22 filing.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 609.04 E-5W Utility Accident Report.
(a)
Each water utility shall complete and file with the department and the
commission a completed department "Form E-5W, Utility Accident Report"
revised March 2024, available on the department’s website at www.energy.nh.gov, within 10 working days of when a water
utility accident, as described in En 608.03(a) and (c), occurs.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 609.05 E-14 Report of Pressure Complaints.
(a)
Each water utility shall report to the department pressure complaints by
completing and submitting department "Form E-14, Monthly Report of
Pressure Complaints" revised
March 2024, available on the department’s website at www.energy.nh.gov, on a monthly basis if they occur.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 609.06 E-15 Annual Report of Water Meter Tests.
(a)
Each water utility shall complete and file with the department a report
of water meter tests on department "Form E-15, Annual Report of Water
Meter Tests" revised March 2024, available on the department’s website at www.energy.nh.gov,
on an annual basis.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 609.07 E-16 Report of Water Meter Complaint Tests.
(a)
Each water utility shall complete and file department "Form E-16,
Report of Water Meter Complaint Tests" revised March 2024, available on
the department’s website at www.energy.nh.gov, with
the department, summarizing water meter complaint tests monthly if complaints
occur.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 609.08 E-17 Annual Report of Hydrant Inspection.
(a)
Each water utility shall complete and file department "Form E-17,
Annual Report of Hydrant Inspection" revised March 2024, available on the
department’s website at www.energy.nh.gov, with
the department, describing its inspections of hydrants on an annual basis.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 609.09 E-18 Report of Interruptions of Service
Over 30 Minutes Duration.
(a)
Each water utility shall complete and file department "Form E-18,
Report of Interruptions of Service over 30 Minutes Duration" revised March
2024, available on the department’s website at
www.energy.nh.gov, with the
department on a monthly basis summarizing interruptions to service of over 30
minutes duration, if any occur.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
En 609.10 Electronic Filing Requirements, Annual
Report.
(a)
"Electronic filing" means the filing with the department or
the commission of an electronic version of a document or form.
(b) Each water utility shall, in addition to
filing a completed and executed annual report in paper as required by En 609.02,
electronically file with the department and the commission, to the extent
practicable, in an electronic file format compatible with the computer systems
of the department and the commission, a completed annual report form.
(c)
The department shall maintain a list on its website of the types of
electronic file formats compatible with its and the commission’s computer
systems.
(d)
Any small water system as defined in En 602.14 shall be exempt from the
requirements of this section.
(e)
Any water utility may petition the department for a one year waiver from
the electronic filing requirement.
(f)
In its application for a waiver under (e) above, a water utility shall
describe and provide evidence to demonstrate that:
(1) It does not have the computer capability to
generate electronic reports or filings due to the small size of its overall
operations or its lack of computer equipment, or expertise or both;
(2) Its existing available computer systems are
not compatible with the computer systems of the department or the commission
and because of this incompatibility it would be prohibitively expensive or
cumbersome to file electronically; or
(3) Other circumstances would make electronic
filing prohibitively expensive or cumbersome.
(g)
The department shall issue a waiver under (e) and (f) above if it
determines that the burden on the water utility of electronic filing outweighs
the benefit to the administrative process.
(h)
The department shall make available to each water utility upon request
an electronic version of the annual report form when the department has
prepared and has available an electronic version.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
PART En 610 DEPARTMENT REVIEW OF REQUESTS FOR RATE RELIEF
En 610.01 Staff
Review and Recommendation.
(a)
Upon the filing of a request for rate relief with the commission pursuant
to Part Puc 607, department staff shall:
(1) Verify that the small water system has
complied with the requirements set forth in Puc 607.02 and Puc 607.03;
(2) Review all information acquired pursuant to
the requirements of Puc 607.02; and
(3) Make a recommendation to the commission that
the requested increase, or some modification thereof, be approved or denied
based on the criteria set forth by these rules, commission’s rules, RSA 378,
and the opinions of the New Hampshire supreme court.
(b)
Department staff shall file and serve a copy of its recommendation on
the petitioning small water utility in accordance with commission’s rules.
(c)
The petitioning small water utility shall serve a copy of the department
staff recommendation upon the customers of the small water utility and the
municipalities in which those customers reside at the time the recommendation is
filed with the commission.
Source. #13911, eff 3-21-24 (see Revision Note at
chapter heading for En 600)
Appendix A
|
Rule |
Specific
State Statute the Rule Implements |
|
En 601.01 – En 602.17 |
RSA 12-P:5, IV, RSA
362, et seq. |
|
En 603.01 – En 603.04 |
RSA 12-P:5, IV; RSA
370:1-8; RSA 374:3 |
|
En 604.01 – En 604.08 |
RSA 12-P:5, IV; RSA
370:1-8; RSA 374:1, 3 |
|
En 605.01 – En 605.06 |
RSA 12-P:5, IV, RSA
370:1-8 |
|
En 605.07 |
RSA 12-P:5, IV, RSA
374: 48-56 |
|
En 606.01 – En 606.05 |
RSA 12-P:5, IV, RSA
370:1-8; RSA 374:3 |
|
En 607.01 – En 607.06 |
RSA 12-P:5, IV, RSA
374:3, 4, 5, 15 |
|
En 608.01 – En 608.04 |
RSA 12-P:5, IV, RSA 374:3, 4, 15, 37-39 |
|
En 609.01 – En 609.02 |
RSA 12-P:5, IV, RSA
374:15 |
|
En 609.03 |
RSA 12-P:5, IV; RSA
374:15 |
|
En 609.04 – En 609.05 |
RSA 12-P:5, IV, RSA
374:15 |
|
En 609.06 |
RSA 12-P:5, IV, RSA
374:15, 37-39 |
|
En 609.07 – En 609.10 |
RSA 12-P:5, IV, RSA
370:2-5; RSA 374:15 |
|
En 610.01 |
RSA 12-P:3, III,
RSA 12-P:5, IV, 374:3, 15 |
Appendix B
DOCUMENTS
INCORPORATED BY REFERENCE
FEDERAL STANDARDS
AND FORMS
|
Rule |
Title |
Publisher;
How to Obtain; and Cost |
|
En 606.01(a)(1) |
American Water
Works Association Standards |
The American
Water Works Association website, https://www.awwa.org/Publications/Standards,
at a cost of $142 per standard. |