N.H. Rev. Stat. Ann. » N.H. Rev. Stat. Ann. / Title xxxiv / Chapter 378
New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 378:7 (2026)

Fixing of Rates by Commission

✓ current as of May 2026
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    378:7 Fixing of Rates by Commission. – Whenever the commission shall be of opinion, after a hearing had upon its own motion or on motion of the department of energy or upon complaint, that the rates, fares or charges demanded or collected, or proposed to be demanded or collected, by any public utility for service rendered or to be rendered are unjust or unreasonable, or that the regulations or practices of such public utility affecting such rates are unjust or unreasonable, or in any wise in violation of any provision of law, or that the maximum rates, fares or charges chargeable by any such public utility are insufficient, the commission shall determine the just and reasonable or lawful rates, fares and charges to be thereafter observed and in force as the maximum to be charged for the service to be performed, and shall fix the same by order to be served upon all public utilities by which such rates, fares and charges are thereafter to be observed. The commission shall be under no obligation to investigate or hear any rate matter which it has investigated within a period of 2 years, but may do so within said period at its discretion.

Source. 1913, 145:10. PL 242:7. RL 292:7. 1951, 203:46 par. 7, eff. Sept. 1, 1951. 2021, 91:289, eff. July 1, 2021.

Notes of Decisions
Cited in 29 cases (1 in the last 5 years), 1957–2021 · leading case: Appeal of Richards, 590 A.2d 586 (N.H. 1991).
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Appeal of Richards, 590 A.2d 586 (N.H. 1991). · cites it 3× “, RSA 378:7 and :28, indicates that the legislature wanted the PUC to undertake a traditional ratemaking procedure, and judge the rates under the rate plan according to established “just and reasonable” standards, or, in other words, to conduct a “traditional ratemaking analysis.”
New England Tel. & Tel. Co. v. State, 183 A.2d 237 (N.H. 1962). · cites it 6× “Under authority of RSA 378:7, the Commission on March 16, 1961, ordered an investigation of the company’s then currently effective rates and charges to determine whether they were just and reasonable and ordered the company “to appear at said investigation to present evidence as…”
Legislative Util. Consumers' Council v. Pub. Serv. Co., 402 A.2d 626 (N.H. 1979). · cites it 2× “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. The LUCC…”
Appeal of Conservation Law Found. of New England, Inc., 507 A.2d 652 (N.H. 1986). · cites it 2× “Reasonableness of Resulting Rates Statutory law limits customer rates to a level that is “reasonable,” RSA 378:27 and :28, or “just and reasonable,” RSA 378:7. As previously explained, Easton and its progeny mandate that the commission’s consideration of the company’s financing…”
New England Tel. & Tel. Co. v. State, 302 A.2d 814 (N.H. 1973). · cites it 2× “The second is whether the Commission’s total and uncritical adoption of the proposals of Staff Witness Kosh, and complete rejection of the evidence offered by three witnesses for the Company, was improper and led the Commission to find a rate of return which does not satisfy the…”
Appeal of Pennichuck Water Works, 419 A.2d 1080 (N.H. 1980). · cites it 2× “In this regard, we note that RSA 378:7 provides that the PUC is “under no obligation to investigate any rate matter which it has investigated within a period of two years, but may do so within said period at its discretion.”
Pub. Serv. Co. v. State, 2 P.U.R.4th 59 (N.H. 1973). · cites it 2× “The orders result from an investigation of rates under RSA 378:7 instituted by the commission on July 14, 1971, when tariff 18 was suspended.”
State v. New England Tel. & Tel. Co., 173 A.2d 728 (N.H. 1961). · cites it 4× “11a; RSA 378:7) rather than as latter-day limitations upon those powers.”
Pub. Serv. Co. v. State, 136 A.2d 600 (N.H. 1957). · cites it 2× “The rate of capitalization is to be such “rate as such public utility may lawfully be permitted to earn upon the value of its property devoted to such public utility use.”
In Re Pub. Serv. Co. of New Hampshire, 114 B.R. 820 (Bankr. D.N.H. 1990). “New Hampshire itself, in its statutory and regulatory framework, has both the “prudent” and a “used and useful” standard in this regard, undergirded by the ultimate “just and reasonable rates” statutory language provided in NH RSA 378:7. This legal framework for regulatory…”
Appeal of Sinclair Mach. Prods., Inc., 498 A.2d 696 (N.H. 1985). “See RSA 378:7. The PUC never reached this question.”
Pub. Serv. Co. of New Hampshire v. Richards (In Re Pub. Serv. Co. of New Hampshire), 148 B.R. 702 (Bankr. D.N.H. 1992). “* sic * * * * New Hampshire itself, in its statutory and regulatory framework, has both the “prudent” and a “used and useful” standard in this regard, undergirded by the ultimate “just and reasonable rates” statutory language provided in NH RSA 378:7. This legal framework for…”
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