Appeal of Campaign for Ratepayers' Rights
162 N.H. 245
| N.H. | 2011Background
- Merrimack Station in Bow installed a mercury scrubber mandated by RSA 125-O:13, I, with operation by 2013 subject to permits; the NH Site Evaluation Committee (SEC) denied a motion for declaratory ruling by multiple appellants challenging SEC jurisdiction over modifications; the SEC determined the scrubber and turbine upgrade were separate projects not requiring a certificate; the SEC later imposed costs on the movants; the appellants appealed alleging lack of standing, improper jurisdiction, and improper cost imposition; the court vacated the SEC order for lack of subject matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellants had standing to seek declaratory ruling | Moving Parties had statutory standing under RSA 162-H: XI | Appellants lack standing under RSA 162-H: XI | SEC lacked subject matter jurisdiction; standing failure |
| Whether the motion for declaratory ruling was a petition under RSA 162-H:2, X-a | Motion functioned as a petition seeking applicability of RSA 162-H | Motion conformed to petition criteria under RSA 162-H:2, X-a | Motion deemed a petition; jurisdiction questioned on standing grounds |
| Whether the committee could confer standing or jurisdiction via Site 203.01 | Rule permits any person to file a declaratory motion | Rules cannot create standing not granted by statute | Rules cannot confer jurisdiction; standing defined by statute must be satisfied |
| Whether the committee had authority to impose costs on movants | Costs were valid as applicant’s processing costs | No authority to impose costs on movants; improper | Committee lacked authority to impose costs; vacated that portion |
| Whether Perry’s injury supports standing or appeal significance | Perry is directly affected by the project and order | Perry lacks statutory standing to petition; moot if jurisdiction lacked | Perry’s appeal moot due to lack of subject matter jurisdiction |
Key Cases Cited
- Appeal of Stonyfield Farm, 159 N.H. 227 (2009) (context of scrubber technology at Merrimack Station)
- Roberts v. General Motors Corp., 138 N.H. 532 (1994) (statutory construction on plain meaning)
- Figueroa v. C and S Ball Bearing, 237 Conn. 1 (1996) (agency cannot confer jurisdiction beyond enabling statute)
- Appeal of Land Acquisition, 145 N.H. 492 (2000) (no inherent authority to award attorney's fees absent statute)
- Appeal of Town of Bethlehem, 154 N.H. 314 (2006) (agency must follow its own rules; avoid adding powers)