N.H. Rev. Stat. Ann. » N.H. Rev. Stat. Ann. / Title xxxiv / Chapter 365
New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 365:41 (2026)

Penalty Against Utility

✓ current as of May 2026
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    365:41 Penalty Against Utility. – Any public utility which shall violate any provisions of this title, or fails, omits or neglects to obey, observe or comply with any order, direction or requirement of the commission or the department of energy, shall be subject to a civil penalty, as determined by the commission, not to exceed $250,000 or 2.5 percent of the annual gross revenue that the utility received from sales in the state, whichever is lower. Such penalties shall be applied to the benefit of the utility's ratepayers through a credit to bills, or, if the credit is of an amount determined by the commission to be insignificant on a per customer basis, to programs that benefit low income ratepayers. No portion of any fine, nor any costs associated with an administrative or court proceeding which results in a fine pursuant to this section, shall be considered by the commission in fixing any temporary, permanent, or emergency rates or charges of such utility.

Source. 1911, 164:18. 1913, 145:18. PL 238:39. RL 287:40. 1951, 203:11 par. 41. RSA 365:41. 1973, 528:257; 529:87. 1988, 255:1. 2007, 25:3. 2008, 309:2, eff. Aug. 31, 2008. 2021, 91:253, eff. July 1, 2021.

Notes of Decisions
Cited in 2 cases, 2005–2012 · leading case: Rainville v. Lakes Region Water Co., 37 A.3d 403 (N.H. 2012).
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Rainville v. Lakes Region Water Co., 37 A.3d 403 (N.H. 2012). “RSA 365:41 (2009) allows the PUC to impose a civil penalty against “[a]ny public utility” that violates “any provisions of [Title XXXIV: Public Utilities], or fails, omits or neglects to obey, observe or comply with” *278 any PUC order, “not to exceed $250,000 or 2.”
Appeal of Verizon New England, Inc., 889 A.2d 1027 (N.H. 2005). “RSA 365:41 (1995) permits the PUC to assess a civil penalty of up to $25,000 against any public utility that violates any provision of Title 34 of the New Hampshire Revised Statutes Annotated, including RSA 366:3.”
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