Chapter 164: MANUFACTURE AND SALE OF GAS AND ELECTRICITY
- 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; municipalities at high risk from the effects of climate change
- 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- Section 7 Repealed, 1973, 860, Sec. 6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; reasonableness and public interest factors considered
- 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 55A Agreements between municipal light boards and cities or towns
- 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 applicable to Secs. 69H to 69W
- Section 69H Energy facilities siting board
- Section 69I Long-range forecasts of electric and gas companies; filing; hearings; approval
- Section 69J Petition for approval of construction; filing guidelines; approval or rejection; application of section
- 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 69L Petition for certificate or amendment thereof; form; information required; affidavit of service and notice
- 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 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 69T Consolidated permits for large clean energy infrastructure facilities
- Section 69U Consolidated permit for small clean transmission and distribution infrastructure facility
- Section 69V Consolidated permit for small clean energy generation facility or small clean energy storage facility
- Section 69W De novo adjudication of final decision of local government on consolidated permit application of small clean energy infrastructure facility
- Section 69H1/2 Hydropower generation facilities
- Section 69J1/2 Fees for applications to construct electricity and clean energy facilities
- Section 69J1/4 Construction of generating facility
- Section 69K1/2 Certificate of environmental impact and public interest with respect to a generating facility
- Section 69L1/2 Application for certificate with respect to a generating facility
- Section 69O1/2 Decision granting or denying application with regard to a generating facility; findings and opinions
- 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 92B Electric-sector modernization plans
- Section 92C Grid modernization advisory council
- 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 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 94H Condominiums; common areas; rates
- Section 94I Cost-allocation method for determining base distribution rates
- Section 94G1/2 Repealed, 2012, 209, Sec. 19
- Section 95 Reports of accidents
- Section 96 Purchase, sale, consolidation or merger; procedure; 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 116C Advanced metering data repository; right to access advanced metering infrastructure customer data; opt out; accelerated switching
- 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 139A Small hydroelectric power net metering facilities program
- 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 or moderate 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
- Section 144 Uniform natural gas leaks classification system; grading of reported natural gas leaks; projects on public ways; school zones; gas company response and reporting
- Section 145 Plan for replacement or improvement of aging or leaking natural gas infrastructure
- Section 146 Electric distribution system resiliency reports; competitive solicitation for electric distribution system resiliency non-wires alternatives
- Section 147 Reporting of lost and unaccounted for gas
- Section 147A Non-emitting renewable thermal infrastructure project defined
- Section 148 Engineering plans or specifications for work or services posing material risk to public safety to bear stamp of certified professional engineer
- Section 149 Intervenor support grant program
- Section 150 Capital improvements or additions to distribution or transmission system; cost-effectiveness and timetable analysis; deployment of advanced transmission technologies, advanced conductors, grid-enhancing technologies, or energy storage used as a distribution or transmission resource
- Section 151 Meter socket adapter; installation, operation and maintenance
- Section 941/2 Sales of compressed natural gas for use as a motor fuel