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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XXII CORPORATIONS
  • 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

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Section 7 - Repealed, 1973, 860, Sec. 6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 94G1/2 - Repealed, 2012, 209, Sec. 19

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; 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 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