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New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 378:27 (2026)

Temporary Rates

✓ current as of May 2026
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    378:27 Temporary Rates. – In any proceeding involving the rates of a public utility brought either upon motion of the commission or the department of energy or upon complaint, the commission may, after reasonable notice and hearing, if it be of the opinion that the public interest so requires, immediately fix, determine, and prescribe for the duration of said proceeding reasonable temporary rates; provided, however, that such temporary rates shall be sufficient to yield not less than a reasonable return on the cost of the property of the utility used and useful in the public service less accrued depreciation, as shown by the reports of the utility filed with the commission and the department of energy, unless there appears to be reasonable ground for questioning the figures in such reports.

Source. 1941, 148:1. RL 292:28. 1951, 203:46 par. 27, eff. Sept. 1, 1951. 2021, 91:291, eff. July 1, 2021.

Notes of Decisions
Cited in 24 cases (1 in the last 5 years), 1959–2023 · leading case: Appeal of Conservation Law Found. of New England, Inc., 507 A.2d 652 (N.H. 1986).
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Appeal of Conservation Law Found. of New England, Inc., 507 A.2d 652 (N.H. 1986). · cites it 7× “Although this appeal raises questions concerning both the commission’s methodology in considering these issues and the sufficiency of the evidentiary record to sustain the commission’s conclusions, we may say at this point that with the issuance of its supplemental report on…”
Legislative Util. Consumers' Council v. Pub. Serv. Co., 402 A.2d 626 (N.H. 1979). · cites it 4× “The LUCC argues that the commission’s inclusion of CWIP in the company’s rate base violates the “used and useful in the public service” principle of public utility regulation, RSA 378:27, :28, and also the “just and reasonable” requirement of RSA 378:7 and :28.”
Appeal of N. New England Tel. Operations, LLC, 75 A.3d 1102 (N.H. 2013). · cites it 4× “To the extent FairPoint argues that the PUC violated RSA 378:27 (2009), we reject this argument.”
Appeal of Richards, 590 A.2d 586 (N.H. 1991). · cites it 2× “RSA 378:7, entitled “Fixing of Rates by Commission,” requires the PUC to set “just and reasonable” rates, or rates that are “sufficient to yield not less that a reasonable return on the cost of the property of the utility used and useful in the public service less accrued…”
Appeal of Pub. Serv. Co., 480 A.2d 20 (N.H. 1984). · cites it 2× “” RSA 378:27, :28; Interlocutory Transfer at 3.”
Appeal of McCool, 514 A.2d 501 (N.H. 1986). · cites it 10× “If, however, the commission acts favorably on a financing proposal, the utility may be expected to request that the resulting capitalization be supported entirely by customer rates, a request that customers may oppose on the ground that the expenditures for the objects of the…”
Pub. Serv. Co. v. State, 311 A.2d 513 (N.H. 1973). · cites it 3× “The company then, on July 21, 1971, sought an order fixing the charges then in effect as temporary rates and charges for the duration of the proceedings as provided by RSA 378:27. Hearings on this petition were consolidated with the hearings on tariff 18 by order of the…”
Appeal of Pennichuck Water Works, 419 A.2d 1080 (N.H. 1980). · cites it 2× “In response to the suspension order, Pennichuck, on February 12, 1979, filed a petition pursuant to RSA 378:27, :29, requesting approval of its proposed permanent rates as temporary rates, to be effective on “all bills rendered by Pennichuck on or after January 31, 1979, for…”
Appeal of the Off. of the Consum. Advocate, 597 A.2d 528 (N.H. 1991). · cites it 4× “’s (Southern) petition for a temporary rate increase pursuant to RSA 378:27. The OCA argues that the PUC had no authority to modify its prior order and, alternatively, that in doing so, it violated RSA chapter 541-A and denied consumers due process.”
In Re Pub. Serv. Co. of New Hampshire, 88 B.R. 521 (Bankr. D.N.H. 1988). “Early in this proceeding the State of New Hampshire filed a useful, non-adversarial memorandum at the court’s request detailing that regulatory context. (Court Document #337) The following extracts are pertinent: In order to provide PSNH with appropriate compensation for the…”
Pub. Serv. Co. v. State, 153 A.2d 801 (N.H. 1959). · cites it 2× “” The action of the Commission in deducting from working capital the average availability in the test year of the deferred income tax surplus is attacked by the companies upon grounds that it violates the intent of Congress in enacting section 168 of the Internal Revenue Code,…”
In Re Pub. Serv. Co. of New Hampshire, 114 B.R. 820 (Bankr. D.N.H. 1990). “Under RSA 378:27, the Commission is authorized to approve temporary rates pending the final decision.”
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