The petitioner, Ashland Electric Department, (Ashland) appeals an order by the New Hampshire Public Utilities Commission (PUC) denying Ashland’s request for a declaratory ruling that it may expand its distribution facilities within the Town of Ashland (town) without the PUC’s authorization and requiring Ashland to follow the administrative procedures set forth in RSA chapter 38 before undertaking that expansion. We affirm.
The following findings of fact by the PUC are uncontroverted. See RSA 541:13 (1974); Appeal of Public Serv. Co. of N.H.,
Ashland petitioned the PUC for a declaratory ruling that neither RSA chapter 38 nor RSA 364:1 (1995) require it to obtain PUC approval before expanding its service area within town limits. NHEC objected and, after a hearing, the PUC denied Ashland’s request for a declaratory ruling. Further, the PUC mandated that Ashland follow the procedures set forth in RSA chapter 38 before continuing with the proposed expansion. Ashland filed a motion for rehearing which was denied, and this appeal followed.
The essence of the dispute is whether, or to what extent, Ashland must comply with RSA chapter 38 in order to construct additional distribution plant on North Ashland Road. Both parties agree that chapter 38 applies to the acquisition of existing facilities or the construction of an entirely new municipal electric system. The parties disagree, however, about whether RSA chapter 38 applies in the instant situation; namely, when an existing municipal utility wants to construct parallel lines and distribution facilities within its corporate limits that will operate in addition to the existing poles and wires owned by a public utility.
“To the extent [a dispute] raises a new issue of statutory interpretation, we begin our inquiry with the examination of statutory language.” Petition of Public Serv. Co. of N.H.,
Any municipality may take, purchase, lease, or otherwise acquire and maintain and operate in accordance with the provisions of this chapter, one or more suitable plants for the manufacture and distribution of gas, electricity,. . . for the use of its inhabitants and others, and for such other purposes as may be permitted, authorized, or directed by the commission; . . . and may . . . erect poles, place wires,*339 and lay pipes for the transmission and distribution of electricity, ... in such places as may be deemed necessary and proper; and may change, enlarge, and extend the same from time to time when the municipality shall deem necessary ....
The PUC ruled that while RSA 38:3 provides “explicit authorization for certain actions by a municipal utility, including placing poles and wires, . . . [there is] no express authority for a municipality to construct electric plant within a franchised utility’s service area without Commission authorization.” See Public Serv. Co. v. Town of Hampton,
The standard of review of a PUC order is clear. “A party seeking to set aside or vacate an order of the PUC has the burden of demonstrating that the order is contrary to law or, by a clear preponderance of the evidence, that the order is unjust or unreasonable.” Appeal of Public Serv. Co. of N.H.,
Ashland argues that the PUC’s interpretation of RSA chapter 38 is erroneous as a matter of law because RSA 38:3 expressly grants municipal utilities broad powers to expand within their corporate limits. Ashland states that a plain reading of the phrase “may . . . erect poles, place wires ... as may be deemed necessary and proper; and may change, enlarge, and extend the same . . . when the municipality shall deem necessary” grants it the authority to expand its existing distribution plant onto North Ashland Road without PUC approval.
NHEC responds that RSA 38:3, and in particular the phrase “any municipalityjnay take, purchase, lease, or otherwise acquire and maintain and operate [plant] in accordance with the provisions of this chapter,” is merely a general grant of power subject to the
We interpret statutes “not in isolation, but in the context of the overall statutory scheme.” State v. Farrow,
As the facts of this case make clear, Ashland’s interpretation of the statute would allow a municipal utility, which, after following the process mandated in RSA chapter 38, is unsuccessful in its bid to acquire plant from an existing utility, to later bypass the entire statutory procedure. Because “[i]t is not to be presumed that the legislature would pass an act leading to an absurd result and nullifying to an appreciable extent the purpose of the statute,” State v. Kay,
Ashland also argues that the PUC’s ruling “follows from its mistaken view that RSA 38 delineates a comprehensive process for acquisition or establishment of electric plant,” because the “comprehensive process under RSA 38 is triggered only in the event of a vote taken as required by RSA 38:5.” The relevant statute, RSA 38:5 states that “[a]ny town . . . may acquire or establish such a plant” only after voter approval at either the annual town meeting or a special • town meeting. Ashland, relying on the dictionary definitions of isolated words within RSA 38:5, argues that it is inapplicable here, where the utility wants to “expand” its distribu
It is true that we first look to the plain and ordinary meaning of words to interpret our statutes. See RSA 21:2; Opinion of the Justices (Solid Waste Disposal),
It is clear from RSA 38:5 that the voting process described therein does not trigger further action, but is itself part of a process delineated in earlier sections of the statute. RSA 38:5 refers to establishing or acquiring “such a plant,” which we read as a reference to the enabling language of RSA 38:3.
Ashland also asserts that because RSA 374:3 (1995) states that the PUC has general supervisory powers over “all public utilities,” Ashland, as a municipal utility, is not subject to the jurisdiction of the PUC with regard to activities within town limits. This argument, however, ignores the well-established rule of statutory construction that “[w]hen interpreting two statutes which deal with a similar subject matter, we will construe them so that they do not contradict each other, and so that they will . . . effectuate the legislative purpose of the statute.” Petition of Public Serv. Co. of N.H.,
Affirmed.
