Liberty Utilities (EnergyNorth Natural Gas) Corp., 112217 NHPUC, 26, 077

Docket Nº:ORDER 26, 077
Opinion Judge:Martin P. Honigberg, Chairman
Judge Panel:Kathryn M. Bailey, Commissioner Michael S. Giaimo, Commissioner
Case Date:November 22, 2017


ORDER No. 26, 077

DG 17-093

New Hampshire Public Utilities Commission

November 22, 2017

Petition for a License to Construct and Maintain a Natural Gas Pipeline Beneath Beaver Brook in Pelham

Order Nisi Granting License

Martin P. Honigberg, Chairman

In this order nisi, the Commission grants, subject to conditions, the request of Liberty Utilities (EnergyNorth Natural Gas) Corp. d/b/a Liberty Utilities ("Liberty") for a license to construct and maintain a natural gas pipeline beneath and across Beaver Brook in Pelham, New Hampshire. This order is being issued on a nisi basis to ensure that all interested parties receive notice of the Commission's order and have the opportunity to comment or request a hearing before the order becomes effective.



On June 8, 2017, Liberty filed a petition pursuant to RSA 371:17 for a license to construct and maintain a natural gas pipeline under and across the public waters of Beaver Brook in Pelham. This crossing is part of Liberty's plan to extend its distribution mains from a new regulator gate station off Route 38 to the Pelham municipal buildings on Route 111A.

In support of its petition, Liberty submitted two exhibits: Attachment A, consisting of engineering diagrams showing construction details; and Attachment B, an aerial photograph of the crossing location. On September 12, 2017, Commission Staff (Staff) submitted data requests to Liberty. Liberty filed responses on September 19th and subsequently submitted a supplement to its response to Staff Data Request 1-5. This supplemental response contained Liberty's final design plan for the proposed pipeline crossing, which showed that the proposed crossing length increased from 624.1 feet, as shown in the initial petition, to approximately 664.5 feet. On October 18, 2017, Staff issued a memorandum recommending that Liberty's petition, as supplemented, be granted subject to conditions. The final design plan was attached to Staff's memorandum.

The petition, its exhibits, Staff's recommendation and other docket filings, excluding any information for which confidential treatment is requested of or granted by the Commission, are posted on the Commission's website at

A. Crossing Location and Construction

The proposed crossing will begin at an entry pit on the northern side of Willow Street, to the east of Beaver Brook, located on property owned by Theresa Straughan. It will continue west within the right of way of Willow Street and will then continue along the northern side of Willow Street on property owned by the Pelham School District. The crossing will then exit on property owned by the Pelham School District. Approximately 664.5 feet of 8-inch diameter pipeline will be installed about 15 feet below the bed of Beaver Brook where it crosses underneath Willow Street.

Liberty stated that it will be responsible for construction of the pipeline, which qualified contractors will perform. Further, it stated that the pipeline will be constructed so...

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