DR 97-130
                                     
                       EnergyNorth Natural Gas, Inc.
                                     
               Petition for Recovery of Expenses Related to 
          Environmental Investigation and Remediation Associated
            with a Manufactured Gas Plant Formerly Located at 
                   Gas Street in Concord, New Hampshire
                                     
                   Order Approving Settlement Agreement
                                     
                         O R D E R   N O.  22,943
                                     
                               May 19, 1998

         APPEARANCES: McLane, Graf, Raulerson and Middleton
     by Steven V. Camerino, Esq., for EnergyNorth Natural Gas,
     Inc.; Office of Consumer Advocate by Kenneth E. Traum for
     residential ratepayers; and Michelle A. Caraway and Stephen
     P. Frink for the Staff of the New Hampshire Public Utilities
     Commission.
     
     I.   PROCEDURAL HISTORY
               On June 23, 1997, EnergyNorth Natural Gas, Inc.
     (ENGI) filed with the New Hampshire Public Utilities
     Commission (Commission) a Petition for Recovery of Expenses
     Related to Environmental Investigation and Remediation
     Associated with a Manufactured Gas Plant Formerly Located at
     Gas Street in Concord, New Hampshire.  The Commission
     previously allowed recovery of costs associated with cleanup
     of the Manufactured Gas Plant (the MGP) at the Gas Street
     property in Dockets DE 93-168 and DR 94-306.
               The June 23, 1997 petition requested recovery of
     certain expenses totaling $1,230,282 incurred in
     investigating and remediating the environmental
     contamination of a pond near Route 93, Exit 13 in Concord,
     New Hampshire that resulted from the operations of the MGP
     and costs of $683,731 incurred in seeking to recover a
     portion of those expenses from potentially responsible
     parties and insurance carriers.  ENGI sought to recover
     those expenses totaling $1,914,013 over a five year period,
     through a surcharge, with the unamortized portion of such
     costs accruing carrying charges.
               On July 22, 1997, the Commission issued an Order
     of Notice which set a Prehearing Conference for August 29,
     1997.  No Motions to Intervene were filed.  The Office of
     the Consumer Advocate (OCA) is a statutorily recognized
     intervenor.
               According to ENGI, the manufactured gas operations
     at the Gas Street MGP created by-products that ultimately
     ended up in the pond area next to the Merrimack River at
     Route 93, Exit 13.  These by-products are now classified as
     hazardous materials by state and federal law.  The New
     Hampshire Department of Environmental Services required ENGI
     to clean up the pond area, in conjunction with the New
     Hampshire Department of Transportation's plans for improving
     the Route 93, Exit 13 interchange.
               On September 19, 1997, ENGI filed the Supplemental
     Direct Testimony of Albert J. Hanlon.  Mr. Hanlon's
     testimony addressed issues directly related to the operation
     of the Gas Street MGP and the disposal of the residuals
     produced there.  In particular, he discussed the history of
     the manufactured gas industry including the development of
     the industry, methods of manufacturing gas, residuals
     produced during the manufacturing process and the disposal
     practices used by plant operators. 
               On September 23, 1997, the Commission issued Order
     No. 22,733 which clarified the scope of the proceeding and
     set the procedural schedule.  In accordance with the
     procedural schedule, ENGI, OCA and Staff engaged in formal
     discovery and technical sessions.  
               On December 12, 1997, Staff indicated that
     hearings scheduled for the week of December 15, 1997 could
     not take place due to discovery delays.  The Commission
     concluded that a postponement was reasonable and directed
     the parties to propose a revised schedule.
               On February 13, 1998, ENGI submitted the Prefiled
     Supplemental Testimony of Michelle L. Chicoine.  The purpose
     of the testimony was to update the status of ENGI's efforts
     to recover a portion of its remediation costs from the
     former plant operator, United Gas Improvement Company, now
     UGI Utilities, Inc. (UGI), and to update the costs that ENGI
     sought to recover through rates.  
               On March 4, 1998, ENGI requested that the
     Commission establish a new procedural schedule for the
     remainder of the proceeding.  On March 11, 1998, the
     Commission approved the revised procedural schedule.  
               ENGI, OCA and Staff conducted discovery on the
     supplemental testimony.  On March 27, 1998, a settlement
     conference was held at which ENGI, OCA and Staff reached an
     agreement in principle.  On April 2, 1998, Staff requested a
     postponement of Staff's and OCA's testimonies in order to
     pursue finalizing the agreement.  On April 7, 1998, the
     Commission granted Staff's request for postponement.  
               On April 17, 1998, Staff filed the original
     Settlement Agreement (Settlement) signed by ENGI, OCA and
     Staff.  A hearing on the merits was held on April 20, 1998
     at which testimony supporting the Settlement was presented
     by ENGI's witness Michelle L. Chicoine.
     II.  SETTLEMENT AGREEMENT
               ENGI, OCA and Staff agree that ENGI's petition, as
     revised through supplemental testimonies, should be approved
     subject to the Settlement Agreement which contains the
     following provisions:
     1.   Prudence of MGP Operations.  ENGI and Staff recommend that,
               based on the information submitted by ENGI, the Commission
               should find that the waste products from the Concord MGP
               were disposed of by ENGI's predecessors in a prudent manner
               and in accordance with the practices of the time, and that
               the contamination of the Concord MGP property, the pond
               located near Route 93, Exit 13 and the surrounding area
               (Site) is consistent with such operations.  The OCA takes no
               position with regard to the foregoing.
     
     2.   Prudence of Costs.  ENGI, OCA and Staff recommend that,
               based on the information submitted by ENGI, the Commission
               should find that: (1) the costs incurred by ENGI in
               investigating and remediating contamination associated with
               the Concord MGP operations that have been submitted for
               review in this case were prudent; (2) the costs associated
               with the litigation against the alleged former operator of
               the Concord MGP were prudently incurred by ENGI; and (3) the
               settlement resolving the litigation with the alleged former
               operator was prudent.
     
     3.   Rate Recovery Mechanism.  ENGI, OCA and Staff agree that the
               costs related to environmental cleanup and the litigation
               with the alleged former operator of the Concord MGP, as
               updated by ENGI for the period through March 31, 1998,
               should be recovered through rates as follows:
     
          a.   The amounts authorized to be recovered in this docket
                    shall be booked as a deferred asset, which shall not
                    be included in rate base, and shall be recovered
                    through a surcharge in  rates to be collected over a
                    seven year period.  Amortization of the deferred asset
                    shall begin when the asset is included in rates.  The
                    unamortized balance of the asset shall not be included
                    in rate base and shall not accrue carrying costs.  The
                    rate increase shall be applied to all sales and
                    transportation customer classes taking firm service on
                    an equal per therm basis.
     
          b.   Any amounts already received from the alleged former
                    operator of the Concord MGP, net of the costs of
                    obtaining such payments (including the costs submitted
                    for review in this case) shall be applied to reduce
                    any unamortized balance authorized to be recovered
                    through rates in this case.  Such amount shall be
                    applied by reducing the amortization period rather
                    than reducing the per therm amount of the
                    environmental charge.
     
          c.   The cost recovery mechanism set forth in this
                    Settlement Agreement shall apply to all costs incurred
                    with regard to environmental remediation and
                    investigation related to the Site (including costs
                    related to claims against third parties) that are
                    incurred in the future, subject to a determination of
                    prudence of the actual costs incurred as set forth in
                    Section 4 below.
     
          d.   ENGI shall withdraw certain ongoing monitoring costs
                    totaling $3,108 from this case.  The parties agree
                    that such costs are prudent and necessary to comply
                    with directives of the New Hampshire Department of
                    Environmental Services but should be included in base
                    rates as an ongoing operating expense as part of
                    ENGI's next rate case rather than recovered through
                    the deferred asset being recommended in this case. 
                    Such costs shall be included in base rates to the
                    extent they are actually incurred (whether higher or
                    lower than $3,108) in the test year for the relevant
                    rate case subject to customary practices regarding pro
                    forma adjustments and other adjustments typically made
                    in rate cases.
     
     4.   Cost Review Mechanism and Step Adjustment.  ENGI, OCA and
               Staff agree that costs recoverable in accordance with
               Section 3 above shall be recovered as follows:
     
          a.   With regard to the costs that were submitted for
                    review in this proceeding, ENGI shall implement a per
                    therm surcharge ("Environmental Charge") of $0.0025
                    effective with bills- rendered for the first May 1998
                    billing cycle.  The Environmental Charge shall be
                    updated annually simultaneously with implementation of
                    the winter cost of gas adjustment and shall remain in
                    effect until ENGI has collected $520,030 (which amount
                    is net of the ongoing costs that have been removed
                    from the case in accordance with Section 3(d) above).
     
          b.   Future costs related to environmental investigation
                    and remediation arising from the Site and costs
                    related to claims against third parties for such
                    investigation and remediation shall be submitted to
                    the Commission annually for review with the Company's
                    winter cost of gas adjustment filing.  Upon a
                    determination that such costs were prudently incurred,
                    the costs shall be recovered through rates over a
                    seven year period in the same manner as the costs that
                    are the subject of this proceeding.  In any such
                    review or proceeding, the issue of the prudence of the
                    operation of the Concord MGP and the disposal of
                    hazardous waste during the period that the Concord MGP
                    was operated and removed from operation shall be not
                    subject to review.  (It is the parties intention that
                    the issue of prudence of the disposal of hazardous
                    waste from the Site that may occur in the future shall
                    be open to a prudence review in association with any
                    request by ENGI for rate recovery of the costs arising
                    from such disposal.)  Future recoveries by ENGI from
                    third parties for costs incurred at the Site shall be
                    netted against the costs actually incurred by ENGI. 
                    Such amounts shall be applied by reducing the
                    amortization period rather than reducing the per therm
                    amount of the environmental charge that is authorized
                    to recover such costs.
     
     5.   Rule 1203.05(a) Waiver.  ENGI, OCA and Staff agree to
               request that the Commission waive Puc 1203.05(a) so that the
               Environmental Charge may be implemented on a bills-rendered
               basis in accordance with Section 4(a) above.
          
     III. COMMISSION ANALYSIS
               After careful review of the Settlement Agreement
     and the testimony and exhibits offered at the April 22, 1998
     hearing, we find that the Settlement Agreement is reasonable
     and in the public good.  We agree with ENGI and Staff that
     the waste products from the Concord MGP were disposed of by
     ENGI's predecessors in what was considered at that time to
     be a prudent manner and in accordance with the practices of
     the time.
               Additionally, we find that the contamination that
     was found in the pond area located near Route 93, Exit 13 is
     the result of waste products disposal from the Concord MGP. 
     ENGI responded to state mandates that required remediation
     of the pond area and we find that the costs spent by ENGI to
     remediate the contamination were prudently incurred. 
               Furthermore, we are pleased with the terms of the
     settlement that ENGI was able to obtain with UGI.  The UGI
     settlement significantly reduced the remediation costs ENGI
     originally sought to recover from its ratepayers; thereby
     providing a real benefit to ENGI's customers.  Therefore, we
     find that the settlement between ENGI and UGI is prudent and
     in the public good.  
               Consistent with our decision in prior dockets
     regarding the Concord MGP, we find that some sharing of the
     burden of the remediation costs between ratepayers and
     shareholders is appropriate.  The recovery mechanism in the
     Settlement which prohibits carrying costs or rate base
     treatment of the deferred asset ensures that remediation
     costs shall be borne by both ratepayers and shareholders. 
     It is also consistent with our decision in Order No. 21,710
     (June 26, 1995) which states:
          Consistent with the recovery mechanism approved in
               DR 93-168, any recovery, such as settlement with UGI, net of
               costs, will reduce the total amount to be recovered through
               rates.  But rather than simply lowering the amount to be
               collected over the remaining amortization period, we will
               require ENGI to credit the recovery to the end of the
               amortization period, thereby shortening the time of
               ratepayer recovery.  This should serve as an additional
               incentive to ENGI to obtain any potential recovery quickly,
               as the amount recovered will reduce the carrying costs being
               absorbed by shareholders.
     
     
               ENGI's witness Ms. Chicoine testified that over a
     seven year period, shareholders will absorb approximately
     20% of the remediation costs by not allowing carrying costs
     on the unamortized balance of the deferred asset. 
     Additionally, Ms. Chicoine stated that shareholders have
     borne the carrying costs associated with the environmental
     and recovery effort expenses incurred since the completion
     of Docket DR 94-306 in June 1995.  Prior to the UGI
     settlement, ENGI's shareholders were absorbing 
     approximately $14,000 a month in carrying costs.  
               We continue to expect ENGI to aggressively pursue
     avenues for third party recoveries.  Additionally, we
     believe that our decision in Order No. 21,710 to apply third
     party recoveries to reduce the amortization period serves as
     a strong incentive for ENGI to reduce the costs borne by its
     ratepayers. 
               Consistent with our conclusions in Order No.
     21,710, we will require ENGI to report each year, as part of
     its winter cost of gas adjustment proceeding, the status of
     the cleanup recovery efforts with third parties.  If there
     are adjustments necessary to the Environmental Charge, ENGI
     and any other party or Staff should make recommendations as
     part of that proceeding.  Specifically, we would expect ENGI
     to revise its Environmental Charge to reflect updated
     weather normalized therm sales and the net balance of the
     deferred asset that remains outstanding.
               Finally, the Settlement Agreement proposed that
     rates go into effect May 1, 1998.  Given that May 1, 1998
     has passed, the Environmental Charge shall go into effect on
     June 1, 1998.  We waive the application of N.H. Admin.
     Rules, Puc 1203.05(a), which requires generally that rate
     changes be implemented on a service-rendered basis, and will
     allow ENGI to implement its Environmental Charge on a
     bills-rendered basis.  This waiver, pursuant to Puc 201.05,
     produces a result consistent with the principles embodied in
     Puc 1203.05(b), which sets forth exceptions for allowing
     rate changes on a bills-rendered basis, and is in the public
     interest because it eliminates customer confusion and
     reduces administrative costs.
               Based upon the foregoing, it is hereby 
               ORDERED, that the Settlement Agreement is
     APPROVED;   and it is
               FURTHER ORDERED, that ENGI's Environmental Charge
     of $0.0025 per therm shall be effective with bills-rendered
     for the first June 1998 billing cycle; and it is
               FURTHER ORDERED, that ENGI shall file compliance
     tariff pages within ten days of the date of this order.
               By order of the Public Utilities Commission of New
     Hampshire this nineteenth day of May, 1998.
     
     
     
     
                                                                 
       Douglas L. Patch    Bruce B. Ellsworth   Susan S. Geiger
           Chairman           Commissioner       Commissioner
     
     Attested by:
     
     
     
                            
     Claire D. DiCicco
     Assistant Secretary