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PART I
TITLE XXII
CHAPTER 164
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PART I
ADMINISTRATION OF THE GOVERNMENT
(Chapters 1 through 182)
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TITLE XXII
CORPORATIONS
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CHAPTER 164
MANUFACTURE AND SALE OF GAS AND ELECTRICITY
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Section 1
Definitions
Section 1A
Retail access to generation services and choice of suppliers; electric company restructuring; divestment; ownership and operation of generating facility producing solar energy
Section 1B
Service territories for distribution companies; rates
Section 1C
Marketing companies
Section 1D
Billing of retail customers; notice of offers available by participating non-utility competitive suppliers; payment to supplier by electric distribution company
Section 1E
Performance based rate schemes; labor displacement or reductions; mediation of small claims
Section 1F
Consumer protections; rules and regulations
Section 1G
Transition costs and charges
Section 1H
Financing orders
Section 1I
Service quality standards reports to be filed by investor-owned electric distribution, transmission, and natural gas distribution companies; penalty for failure to meet service quality standards
Section 1J
Establishment of standards of acceptable performance for emergency preparation and restoration of service for electric and gas distribution companies; investigation of violation of standards; penalties
Section 1K
Penalties to be credited back to customers
Section 2
Construction
Section 3
Corporations governed by chapter
Section 4
Application of chapter 156B
Section 4A
State secretary; examination of documents; approval; instances of corporate omission
Section 5
Organization of corporation; certification by state secretary
Section 5A
Name; restrictions; injunctive relief
Section 6
Articles of organization; contents
Section 7
Repealed, 1973, 860, Sec. 6
Section 8
Amendment of articles of organization; changes in capital stock or corporate name
Section 8A
Amendment of articles of organization; change in business authorized or any other change
Section 8B
Articles of amendment; submission to state secretary; effective date; filing
Section 8C
Restatement of articles of organization; adoption; submission to state secretary; filing; effective date
Section 8D
Confirmation of organization or subsequent proceedings; certificate; submission to state secretary; effective date
Section 9
Hydro-electric plants; issue of preferred stock and bonds; acquisition of storage reservoir
Section 9A
Electric companies providing electricity to other companies; ownership of stock
Section 10
Issuance of capital stock; notification of department
Section 11
Payment of price of share
Section 12
Improper issue of stock or scrip certificates; effect; penalty
Section 12A
Convertible debentures
Section 13
Mortgage of property
Section 13A
Issuance and pledge of bonds secured by prior liens
Section 14
Proceedings to determine necessity of issue of stock, bonds, coupon notes or other evidences of indebtedness
Section 15
Invitation for proposals for purchase of bonds
Section 15A
Issue or sale of bonds, etc. at less than par value or face amount
Section 16
Making good impairment of capital stock
Section 16A
Inadequate depreciation allowances; corrective orders of department; use of funds restricted; enforcement
Section 17
Improper issue of stock, bonds or other securities; penalty
Section 17A
Investments; approval of department; violations by officers; penalty
Section 18
Disposition of shares
Section 19
Sale of unissued capital stock; terms; auction sale
Section 20
Commencement of business; liability of officers, contribution
Section 21
Authorization necessary to transfer franchise, lease works or contract to carry on works
Section 22
Deposits
Section 23
Voting by stockholders; proxy
Section 24
Voting by stockholders; articles of organization or by-laws controlling
Section 25
Stockholders of public service corporation; use of name or title thereof prohibited; violations; penalty; proceedings; injunction; exception
Section 26 to 28
Repealed, 1973, 860, Sec. 16
Section 29
Change of officers; filing of certificate of change
Section 30
Change of location
Section 31
Amount of stock in gas companies held by corporation
Section 32
Repealed, 1973, 860, Sec. 18
Section 33
Fees for filing certificates, articles and copies of votes
Section 33A
Promotional or political advertising expenditures
Section 34
Town’s authority to operate gas or electric plant or community antenna television system
Section 34A
Municipal street lighting service
Section 34B
Replacement of existing poles
Section 35
Vote of city to acquire plant
Section 36
Vote of town to acquire plant
Section 37
Certification of vote of city or town to department
Section 38
Certification of subsequent votes
Section 39
Failure to certify vote; penalty
Section 40
Debt incurred for establishing, purchasing, extending, etc., light plant
Section 41
Enlargement of plant
Section 42
Purchase of existing plant
Section 43
Determination by department of purchase price; tender of deed; acquisition upon failure to tender
Section 44
Repealed, 1929, 379, Sec. 3
Section 45
Purchase of property in adjoining town
Section 46
Distribution to adjoining town
Section 47
Extension of services to adjoining town
Section 47A
Exemption from requirements allowing competitive choice of generation supply; prohibition of retail sales by nonmunicipal suppliers and electric companies within municipal service territory; sale of electricity at wholesale; sale of electricity in adjoining service territory; restrictions on service to present customers of municipal lighting plants; referendum on competitive choice of generation supply
Section 47B
Facilities and equipment located outside municipal limits
Section 47C
Municipal lighting plant cooperatives
Section 47D
Exemption from public records and open meeting requirements in certain instances
Section 47E
Facilities for operation of telecommunications systems for municipal use; construction, purchase, lease and maintenance; debt
Section 48 to 50
Repealed, 1929, 379, Sec. 7
Section 51
Purchase of gas, electricity, equipment, supplies or materials from another town
Section 52
Purchase of electricity by town from street railway
Section 53
Delivery by street railway; metering
Section 54
Disagreement as to price paid to street railway; action of department
Section 55
Municipal light board
Section 56
Management of plant
Section 56A
Municipal light commission; definition; contracts of members
Section 56B
Contracts of commission; requisites
Section 56C
Contracts of commission; filing with city or town auditor; preservation; public inspection; penalty
Section 56D
Contracts of commission; advertisements and bids; application of section
Section 56E
Removal of members; notice and hearing; appeal
Section 57
Manager’s annual financial report; tax levy; expenditure of income
Section 57A
Appropriations for maintenance and operation; payment in advance of receipts
Section 57B
Income from investment or deposit of proceeds of municipal bonds or notes issued for gas or electrical purposes
Section 57C
Appropriations from insurance escrow account
Section 58
Schedule of prices for gas and electricity
Section 58A
Advance deposit; shut off for non-payment; removal of appliances for distribution
Section 58B
Lien upon real estate for nonpayment of service charges
Section 58C
Time for and length of lien
Section 58D
Unpaid charges added to real estate taxes
Section 58E
Interest on taxes due by reason of unpaid charges
Section 58F
Abatement of real estate tax imposed by reason of unpaid charges
Section 59
Notice of change of price to department
Section 60
Entitlement to service; review by department
Section 61
Assessment of cost of establishing service
Section 62
Protection of plant; municipal ordinances
Section 63
Duties of municipality and its officers; violations; penalties
Section 64
Repealed, 1978, 512, Sec. 13
Section 65
Application of chapter to plants authorized by special act
Section 66
Application of chapter and by-laws of town to plant authorized by special act
Section 67
Revocation of rights, locations or licenses
Section 68
Sale of plant by town
Section 69
Enforcement by supreme judicial court
Section 69A
Purchase, sale and distribution of natural gas by municipality
Section 69B
Definitions
Section 69C
Cadet engineers; power of city or town to contract for training; contents of contract
Section 69D
Cadet engineers; selection
Section 69E
Cadet engineers; civil service laws; retirement benefits; workmen’s compensation
Section 69F
Expenses
Section 69G
Definitions
Section 69H
Energy facilities siting board
Section 69H1/2
Hydropower generation facilities
Section 69I
Long-range forecasts of electric and gas companies; filing; hearings; approval
Section 69J
Petition for approval of construction; notice of intention to construct oil facilities; public hearings; approval or rejection
Section 69J1/4
Construction of generating facility
Section 69J1/2
Fees for applications to construct electricity facilities
Section 69K
Certificate of environmental impact and public interest; construction of facilities; petition; issuance; conditions; state agencies and local governments restricted; transfer; amendment; applicability
Section 69K1/2
Certificate of environmental impact and public interest with respect to a generating facility
Section 69L
Petition for certificate or amendment thereof; form; information required; affidavit of service and notice
Section 69L1/2
Application for certificate with respect to a generating facility
Section 69M
Public hearings on petitions; national pollutant discharge elimination system permit; notices; procedures; fact sheets
Section 69N
Parties in interest to proceedings
Section 69O
Decision granting or denying application; findings and opinions; applicability
Section 69O1/2
Decision granting or denying application with regard to a generating facility; findings and opinions
Section 69P
Judicial review
Section 69Q
Joint inter-agency investigations, hearings or orders; interstate compacts and federal agreements authorized
Section 69R
Eminent domain; taking by electric or gas companies, generation companies or wholesale generation companies; procedures; restrictions
Section 69S
Eminent domain with respect to oil pipelines; requisite procedures; rights relative to taking
Section 70
Opening of streets by gas company; liability; repairing streets
Section 70A
Application to department to lay main; hearing; determination; fees
Section 71
Construction of transmission lines
Section 72
Taking land for transmission lines
Section 72A
Survey preliminary to eminent domain proceedings; notice to landowners; damages
Section 73
Pipes, mains, wires and conduits crossing railroads
Section 74
Recovery by town of damages paid as result of defect in street
Section 75
Regulation by municipal authorities
Section 75A
Installation of gas meters; compliance with regulations for preventing escape of gas
Section 75B
Qualifying to do business
Section 75C
Right of eminent domain
Section 75D
Survey preliminary to eminent domain proceedings; liability
Section 75E
Regulation of construction and operation
Section 75F
Restoration of ground surface following installation
Section 75G
Marking of location of underground line
Section 75H
Licenses, permits, etc., for pipeline maintenance, construction and operation
Section 76
Supervisory authority of department
Section 76A
Dealings with affiliated companies
Section 76B
Streets or ways; construction over, across or along high pressure gas mains
Section 76C
Rules and regulations
Section 76D
Utility underground plant damage prevention system; establishment
Section 77
Annual report of department
Section 78
Notice of violation
Section 79
Enforcement of orders of department; equity jurisdiction
Section 80
Location of office of company; records; inspection of records by department
Section 81
Form of books and accounts
Section 82
Form of records of work at manufacturing station
Section 83
Annual return; form; other information to department
Section 84
Failure to make or amend return; penalty
Section 84A
Condensed return of business and financial condition
Section 85
Examination of records by department; confidential nature of information; “affiliated company” defined
Section 85A
Filing copies of existing contracts with affiliated companies
Section 85B
Emergency response plans; submission for review and approval; contents; penalties for failure to file; denial of recovery of service restoration costs for failure to implement emergency response plan
Section 86
Consent of municipality to entry of another gas company
Section 87
Consent of municipality to entry of another electric company
Section 88
Review of decision issued under Secs. 86 or 87
Section 89
Rights of another municipality to enter another town
Section 90
Conditions imposed upon entry of supplier of electricity in bulk
Section 91
Enforcement of conditions imposed under Sec. 90
Section 92
Right of user to gas or electricity
Section 92A
Right of user in bulk to gas
Section 93
Price or quality of gas or electricity; public hearing; notice
Section 94
Schedule of rates, prices and charges; contracts; filing; proposed changes; notices; investigations; hearings
Section 941/2
Sales of compressed natural gas for use as a motor fuel
Section 94A
Contracts for purchase of gas or electricity; review of price paid
Section 94B
Contracts with affiliated companies; approval by department
Section 94C
Dealings between gas or electric affiliated company; burden of proof
Section 94D
Penalties for delinquencies and discounts
Section 94E
Notification of termination of contract filed under Sec. 94
Section 94F
Rates, prices and charges of gas companies; effect of orders of F.P.C.
Section 94G
Proposed performance program; unit heat rate audit; public hearing; periodic report; deductions; fuel charge; base rates; rules and regulations
Section 94G.5
Electric generating facilities; conversion of oil to coal
Section 94H
Condominiums; common areas; rates
Section 94I
Cost-allocation method for determining base distribution rates
Section 95
Reports of accidents
Section 96
Purchase, sale, consolidation or merger; public interest determination
Section 97
Acquisition of water storage reservoir or hydro-electric plant by electric company
Section 98
Rights of company acquiring water storage reservoir or hydro-electric plant
Section 99
Increase of capital stock to affect acquisition
Section 99A
Property held as tenants in common by electric companies
Section 100
Sale of property to another gas or electric company; exceptions
Section 101
Time for filing applications for approval of sales or consolidations
Section 102
Consolidation of Boston Consolidated Gas and Boston Edison
Section 102A
Consolidation or merger; agreement, provisions; submission of article to state secretary; form; requisites and information; approval; effectiveness; filings
Section 102B
Certificate of consolidation or merger; issuance; fee
Section 102C
Enforcement of consumer protection provisions; arbitration
Section 103
Accuracy of meters; records
Section 104
Fees of department for examining, comparing and testing gas meters
Section 105
Repealed, 1956, 28
Section 105A
Storage, transportation and distribution of gas; regulation; violations; civil penalties
Section 106
Regulation of quality of gas
Section 107
Establishing calorific standard; companies exempt from furnishing gas of standard established
Section 108
Calorimeter provided by company
Section 109
Inspection of gas by department; establishing new standards of purity
Section 110
Gas below standard; forfeiture
Section 111
Unit of measure for sale of gas
Section 112
Meter provers
Section 113
Use of gas meters not tested, sealed or stamped; penalty
Section 114
Testing gas meters in use; cost of test
Section 115
Easy ascertainment of gas meter reading
Section 115A
Replacement of gas meters
Section 116
Entry on premises to examine and maintain gas or electric meters
Section 116A
Disconnection of services in case of fire, explosion or other disaster
Section 116B
Gas company to provide maintenance and improvement of gate boxes during street, sidewalk or road repair; application for assistance
Section 117
Written statement of amount recorded given by meter reader
Section 118
Easy ascertainment of electric meter reading
Section 119
Meter rentals
Section 119A
Itemized statement of quantity of gas, electricity or fuel used at each of several rates
Section 120
Testing electric meters in use; cost of test
Section 121
Entry upon premises to make test; compensation of person making test; rules and regulations
Section 122
Use of incorrect meter; refund
Section 123
Prepayment meters; risk of loss of deposits
Section 124
Entry of premises to stop gas or electricity
Section 124A
Shutting off or failing to restore service during serious illness
Section 124B
Shutting off gas or electric service for failure to pay for appliances; prohibition
Section 124C
Nursing homes, homes for the aged, convalescent homes, and hospitals; shutting off gas or electric service
Section 124D
Shutting off gas or electric service to tenants not customer of record
Section 124E
Termination of gas and electric service; households with residents 65 or older
Section 124F
Shutting off service during financial hardship
Section 124G
Restoration of service upon payment
Section 124H
Shutting off service in residence where infant domiciled
Section 124I
Penalties
Section 125
Refusal to supply because of default of previous occupant
Section 125A
Supply to commonwealth or municipality after expiration of contract; price
Section 126
Wilful injury or interference with gas meter or other property; penalty; prima facie evidence
Section 126A
Impersonating an officer or servant of a gas or electric company; penalties
Section 127
Intentional injury to electric meter or other property; penalty; prima facie evidence
Section 127A
Destruction of or tampering with, electric or gas lines, meters, etc.; theft of electricity or gas
Section 128
Guaranty fund; payment of interest, application to charges and tolls; annual return statement; violations; penalty
Section 129
Definitions
Section 130
Establishment of fund; filing and recording of trust instrument; trustee; dissolution of fund
Section 131
Powers and duties of fund and trustee; financial statement; amount of fund; authorized trust instrument provisions; amendments; consolidation or merger of fund; taxation
Section 132
Exemption of trust fund from certain insurance laws
Section 133
Emergency mutual aid
Section 134
Load aggregation programs
Section 135
Corporate retail load aggregators
Section 136
Cooperatives
Section 137
Participation in group purchasing of electricity, natural gas, telecommunications services or similar products
Section 138
Definitions
Section 139
Class I, II or III net metering facilities; election of net metering; tariffs; limitation on aggregate capacity; rules and regulations
Section 140
Neighborhood net metering facility; election of net metering; rules and regulations
Section 141
Decisions or actions regarding rate design; adjustment to low-income rate discount
Section 142
Removal of impediments to development of efficient, low-emissions distributed generation
Section 143
Small municipal renewable energy generating facilities; issuance of bonds and notes; procurement of required services; receipt and use of revenues
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