Section 378:18-a Special Contracts; Electric Utilities.
   I. Notwithstanding any provision of law to the contrary, for the purposes of ratemaking, an electric utility that has adopted special contracts prior to the effective date of this section shall not be allowed to recover from other ratepayers the difference between the regular tariffed rate and the special contract rate, unless and only to the extent that the commission determines that it is in the public interest and equitable to other ratepayers.
   II. After the effective date of this section, new special contracts designed to retain load shall be available to an electric utility customer only if the utility represents that the load would otherwise have left the utility, the contract is approved pursuant to RSA 378:18, and the commission determines that no tariffed rate is sufficient to retain the load.
   III. After the effective date of this section, new special contracts designed to attract load shall be available to an electric utility customer only if the contract is approved pursuant to RSA 378:18 and the commission determines that no tariffed rate is sufficient to attract the load.
   IV. In any electric utility rate proceeding subsequent to approval of special contracts, the commission shall not impute to the utility's test year revenues or revenue requirement the difference between the regular tariffed rate and the special contract rate.
Source. 1996, 186:4, eff. June 3, 1996.