Appeal of Terry Clark

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2019-0629, Appeal of Terry Clark, the court on
August 17, 2020, issued the following order:

Having considered the briefs and record submitted on appeal, we
conclude that oral argument is unnecessary in this case. See Sup. Ct. R. 18(1).
We affirm.

The appellant, Terry Clark, appeals decisions of the New Hampshire
Public Utilities Commission (commission) granting a petition of Liberty Utilities
(EnergyNorth Natural Gas) Corporation (Liberty Utilities) for a declaratory
ruling, see N.H. Admin R., Puc 207, thereby establishing that Liberty Utilities
has the right, under its existing franchise, to provide compressed natural gas
and liquefied natural gas to its customers in Keene, and that Liberty Utilities
was not required to seek a new franchise in a proceeding pursuant to RSA
374:22 and :26 (2009 & Supp. 2019). On appeal, the appellant argues that the
commission’s decisions are contrary to the public interest and RSA 378:37
(Supp. 2019) because of alleged environmental costs and safety issues
attributable to natural gas production and consumption. The appellant further
argues that the commission erred by not expressly addressing all of his
arguments, by determining that Liberty Utilities’ existing franchise
encompasses the provision of natural gas, by not providing rights of discovery
and cross-examination allegedly in violation of the commission’s rules and due
process, and by allegedly not holding Liberty Utilities to its burden of proof.

RSA chapter 541 governs our review of the commission’s decisions. RSA
365:21 (Supp. 2019); Appeal of Northern New England Tele. Operations, LLC,
165 N.H. 267, 271 (2013). Under RSA 541:13 (2007), we will not set aside the
commission’s order except for errors of law, unless we are satisfied, by a clear
preponderance of the evidence, that it is unjust or unreasonable. The
commission’s findings of fact are presumed prima facie lawful and reasonable.
RSA 541:13. The party seeking to set an order of the commission aside bears
the burden of demonstrating that the order is contrary to law or, by a clear
preponderance of the evidence, unjust or unreasonable. Northern New
England Tele., 165 N.H. at 270.

In his challenge to the merits of the commission’s decision, the appellant
makes several policy arguments inapplicable to the narrow issue before the
commission concerning the scope of Liberty Utilities’ franchise. In his
procedural challenges, the appellant takes issue with a process to which he did
not meaningfully object. The appealing party has the burden on appeal of
demonstrating reversible error. Gallo v. Traina, 166 N.H. 737, 740 (2014).
Based upon our review of the commission’s orders, the appellant’s challenges
to them, the relevant law, and the record submitted on appeal, we conclude
that the appellant has not demonstrated reversible error. See id.

Affirmed.

Hicks, Bassett, Hantz Marconi, and Donovan, JJ., concurred.

Timothy A. Gudas,
Clerk

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