New Hampshire

Duquesne Light Co. v. Barasch in New Hampshire Law

How Duquesne Light Co. v. Barasch applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Administrative Law.

State Approach

In New Hampshire, the principles regarding the valuation of public utility properties are similar to those established in Duquesne Light Co. v. Barasch, reflecting a commitment to reasonable ratemaking procedures. New Hampshire law emphasizes the need for administrative agencies to adhere to fair valuation practices to ensure just rates for consumers and adequate returns for utility companies.

State Rule
New Hampshire's Public Utilities Commission must utilize a fair and reasonable methodology in determining utility rates to ensure both consumer protection and the financial viability of the utility provider.
Significant State Cases

In re Public Service Company of New Hampshire

The court held that the Commission must consider both the cost of service and the need to provide fair returns to avoid unjust penalization of the utility.

New Hampshire Electric Cooperative, Inc. v. New Hampshire Public Utilities Commission

This case reinforced the obligation of the PUC to utilize proper methods in assessing the fair value of utility property for ratemaking purposes.

In re Granite State Electric Company

The court emphasized the importance of balancing consumer interests with the sustainability of the utility's operations during the rate-setting process.

Comparison to Federal Law

New Hampshire mirrors the federal approach outlined in Duquesne Light Co. v. Barasch regarding the need for a fair standard in utility rate-making. However, New Hampshire places slightly greater emphasis on the reasonableness of methodologies employed in administrative decisions, reflecting its state-specific consumer protection laws.

Bar Exam Note

Questions related to administrative law and utility regulation may reference the principles from Duquesne Light Co. v. Barasch, particularly regarding fair ratemaking and valuation practices.

Practice Pointers
  • Always support ratemaking methodologies with data and justifications that align with state standards.
  • Consider the implications of consumer protection laws when advising utility clients on rate adjustments.
  • Stay updated on recent regulatory adjustments or cases that may signal shifts in how utility rates are determined.

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