Chapter 164

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Section 7 Repealed, 1973, 860, Sec. 6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 69H 1/2 Hydropower generation facilities
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 69J 1/2 Fees for applications to construct electricity facilities
Section 69J 1/4 Construction of generating facility
Section 69J.5 Fees for applications to construct electricity facilities
Section 69J.25 Construction of generating facility
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 69K 1/2 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 69L 1/2 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 69O 1/2 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 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 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 94 1/2 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 1/2 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 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 applicable to Secs. 130 to 132
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 applicable to Secs. 138 to 140
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 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

Chapter 164

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Chapter 164: MANUFACTURE AND SALE OF GAS AND ELECTRICITY