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6/4/21

SUPPLEMENTAL ORDER OF NOTICE

On April 30, 2021, Abenaki Water Company, Inc., and Aquarion Company (Abenaki and Aquarion, respectively, or collectively, the Companies) filed a joint verified petition pursuant to RSA 369:8 II and RSA 374:33 for approval of Aquarion’s indirect acquisition of Abenaki, or, alternatively, for a determination that Commission approval is not required.

Abenaki operates in New Hampshire as a regulated public water utility, as defined in RSA 362:2. Abenaki serves approximately 720 customers in Bretton Woods, Bow, Gilford, and Belmont, New Hampshire. Abenaki is wholly owned by its parent company, New England Service Company (NESC), which is a Connecticut corporation. Abenaki currently has a petition pending to increase its rates in Docket No. DW 20-112.  N.H. Admin. R., Puc 203.27(a)(2).

Aquarion is a Delaware corporation and the parent company of Aquarion Water Company. Aquarion Water Company is a Connecticut corporation and the parent company of Aquarion Water Company of New Hampshire, Inc. Aquarion Water Company of New Hampshire, Inc., operates in New Hampshire as a regulated public water utility as defined in RSA 362:2. That water utility serves approximately 9,400 customers in the Towns of Hampton, North Hampton, and Rye.

On April 7, 2021, Abenaki and Aquarion entered into an agreement and plan of merger by which Aquarion will acquire, through a merger, all of the issued and outstanding common stock of NESC. According to the petition, upon the satisfaction of all conditions for the closing, including approval by the Commission, Aquarion will be the holding company and sole stockholder of NESC, and NESC will be a wholly owned direct subsidiary of Aquarion. Abenaki will be an indirect, wholly owned subsidiary of Aquarion.

The petition and subsequent docket filings, other than any information for which confidential treatment is requested of or granted by the Commission, will be posted to the Commission’s website at http://www.puc.nh.gov/Regulatory/Docketbk/2021/21-090.html.

The filing raises, inter alia, issues related to RSA 369:8, II(b)(1) which provides that Commission approval for the acquisition shall not be required if the Companies demonstrate “that the transaction will not adversely affect rates, terms, service, or operation of the public utility within this state”; RSA 374:33, which provides that no public utility or utility holding company shall directly or indirectly acquire more than 10 percent, or more of the stocks or bonds of any other public utility or public utility holding company doing business in this state “unless the commission finds that such acquisition is lawful, proper and in the public interest”; and whether the contemplated transaction requires approval pursuant to RSA 374:30, which provides that before any “public utility may transfer or lease its franchise, works, or system” the Commission “shall find that it will be for the public good.” Each party has the right to have an attorney represent the party at the party’s own expense.

The Commission held a web-enabled remote prehearing conference, pursuant to N.H. Admin. R., Puc 203.15, on May 14, 2021, at which each party provided a preliminary statement of its position with regard to the petition and any of the issues set forth in N.H. Admin. R., Puc 203.15. Members of the public who wished to access the prehearing conference were allowed to do so.

Following the prehearing conference the Commission by Secretarial Letter dated May 28, 2021, granted intervention requests, approved a procedural schedule, and set a briefing schedule. In the May 28th Secretarial Letter, the Commission directed that this Supplemental Order of Notice be served on all parties to dockets DW 20-112, Abenaki Rate Case, and DW 20-184 Aquarion Rate Case.

Based upon the foregoing, it is hereby

ORDERED, that pursuant to N.H. Admin. R., Puc 203.12, Aquarion and Abenaki shall notify all persons desiring to participate in this proceeding by publishing a copy of this supplemental order of notice on its websites no later than one business day after the date of issue, such publication to be documented by affidavit filed with the Commission on or before June 14, 2021. In addition, the Executive Director shall publish this supplemental order of notice on the Commission’s website no later than one business day after the date of issue; and it is

FURTHER ORDERED, that, the Commission shall serve this supplemental order of notice on the parties to dockets DW 20-112, and DW 20-184; and it is

FURTHER ORDERED, that, consistent with N.H. Admin. R., Puc 203.17 and Puc 203.02, any party seeking to intervene in the proceeding shall file with the Commission a petition to intervene with copies sent to Aquarion, Abenaki, and the Office of the Consumer Advocate on or before, June 14, 2021, such stating the facts demonstrating how its rights, duties, privileges, immunities, or other substantial interests may be affected by the proceeding, consistent with N.H. Admin. R., Puc 203.17.  Pursuant to the secretarial letter issued on March 17, 2020, which is posted on the Commission’s website at

Service List - Docket Related

Docket#: 21-090
Printed: 6/4/2021

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