Massachusetts General Laws
Chapter 164 - Manufacture and Sale of Gas and Electricity
Section 65 - Application of Chapter to Plants Authorized by Special Act

Massachusetts General Laws

Part I - Administration of the Government

Title XXII - Corporations

Chapter 164 - Manufacture and Sale of Gas and Electricity

Section 1 - Definitions

Section 1a - Retail Access to Generation Services and Choice of Suppliers; Electric Company Restructuring; Divestment; Ownership and Operation of Generating Facility Producing Solar Energy; Municipalities at High Risk From the Effects of Climate Chan...

Section 1b - Service Territories for Distribution Companies; Rates

Section 1c - Marketing Companies

Section 1d - Billing of Retail Customers; Notice of Offers Available by Participating Non-Utility Competitive Suppliers; Payment to Supplier by Electric Distribution Company

Section 1e - Performance Based Rate Schemes; Labor Displacement or Reductions; Mediation of Small Claims

Section 1f - Consumer Protections; Rules and Regulations

Section 1g - Transition Costs and Charges

Section 1h - Financing Orders

Section 1i - Service Quality Standards Reports to Be Filed by Investor-Owned Electric Distribution, Transmission, and Natural Gas Distribution Companies; Penalty for Failure to Meet Service Quality Standards

Section 1j - Establishment of Standards of Acceptable Performance for Emergency Preparation and Restoration of Service for Electric and Gas Distribution Companies; Investigation of Violation of Standards; Penalties

Section 1k - Penalties to Be Credited Back to Customers

Section 2 - Construction

Section 3 - Corporations Governed by Chapter

Section 4 - Application of Chapter 156b

Section 4a - State Secretary; Examination of Documents; Approval; Instances of Corporate Omission

Section 5 - Organization of Corporation; Certification by State Secretary

Section 5a - Name; Restrictions; Injunctive Relief

Section 6 - Articles of Organization; Contents

Section 8 - Amendment of Articles of Organization; Changes in Capital Stock or Corporate Name

Section 8a - Amendment of Articles of Organization; Change in Business Authorized or Any Other Change

Section 8b - Articles of Amendment; Submission to State Secretary; Effective Date; Filing

Section 8c - Restatement of Articles of Organization; Adoption; Submission to State Secretary; Filing; Effective Date

Section 8d - Confirmation of Organization or Subsequent Proceedings; Certificate; Submission to State Secretary; Effective Date

Section 9 - Hydro-Electric Plants; Issue of Preferred Stock and Bonds; Acquisition of Storage Reservoir

Section 9a - Electric Companies Providing Electricity to Other Companies; Ownership of Stock

Section 10 - Issuance of Capital Stock; Notification of Department

Section 11 - Payment of Price of Share

Section 12 - Improper Issue of Stock or Scrip Certificates; Effect; Penalty

Section 12a - Convertible Debentures

Section 13 - Mortgage of Property

Section 13a - Issuance and Pledge of Bonds Secured by Prior Liens

Section 14 - Proceedings to Determine Necessity of Issue of Stock, Bonds, Coupon Notes or Other Evidences of Indebtedness

Section 15 - Invitation for Proposals for Purchase of Bonds

Section 15a - Issue or Sale of Bonds, Etc. at Less Than Par Value or Face Amount

Section 16 - Making Good Impairment of Capital Stock

Section 16a - Inadequate Depreciation Allowances; Corrective Orders of Department; Use of Funds Restricted; Enforcement

Section 17 - Improper Issue of Stock, Bonds or Other Securities; Penalty

Section 17a - Investments; Approval of Department; Violations by Officers; Penalty

Section 18 - Disposition of Shares

Section 19 - Sale of Unissued Capital Stock; Terms; Auction Sale

Section 20 - Commencement of Business; Liability of Officers, Contribution

Section 21 - Authorization Necessary to Transfer Franchise, Lease Works or Contract to Carry on Works

Section 22 - Deposits

Section 23 - Voting by Stockholders; Proxy

Section 24 - Voting by Stockholders; Articles of Organization or By-Laws Controlling

Section 25 - Stockholders of Public Service Corporation; Use of Name or Title Thereof Prohibited; Violations; Penalty; Proceedings; Injunction; Exception

Section 29 - Change of Officers; Filing of Certificate of Change

Section 30 - Change of Location

Section 31 - Amount of Stock in Gas Companies Held by Corporation

Section 33 - Fees for Filing Certificates, Articles and Copies of Votes

Section 33a - Promotional or Political Advertising Expenditures

Section 34 - Town's Authority to Operate Gas or Electric Plant or Community Antenna Television System

Section 34a - Municipal Street Lighting Service

Section 34b - Replacement of Existing Poles

Section 35 - Vote of City to Acquire Plant

Section 36 - Vote of Town to Acquire Plant

Section 37 - Certification of Vote of City or Town to Department

Section 38 - Certification of Subsequent Votes

Section 39 - Failure to Certify Vote; Penalty

Section 40 - Debt Incurred for Establishing, Purchasing, Extending, etc., Light Plant

Section 41 - Enlargement of Plant

Section 42 - Purchase of Existing Plant

Section 43 - Determination by Department of Purchase Price; Tender of Deed; Acquisition Upon Failure to Tender

Section 45 - Purchase of Property in Adjoining Town

Section 46 - Distribution to Adjoining Town

Section 47 - Extension of Services to Adjoining Town

Section 47a - Exemption From Requirements Allowing Competitive Choice of Generation Supply; Prohibition of Retail Sales by Nonmunicipal Suppliers and Electric Companies Within Municipal Service Territory; Sale of Electricity at Wholesale; Sale of Ele...

Section 47b - Facilities and Equipment Located Outside Municipal Limits

Section 47c - Municipal Lighting Plant Cooperatives

Section 47d - Exemption From Public Records and Open Meeting Requirements in Certain Instances

Section 47e - Facilities for Operation of Telecommunications Systems for Municipal Use; Construction, Purchase, Lease and Maintenance; Debt

Section 51 - Purchase of Gas, Electricity, Equipment, Supplies or Materials From Another Town

Section 52 - Purchase of Electricity by Town From Street Railway

Section 53 - Delivery by Street Railway; Metering

Section 54 - Disagreement as to Price Paid to Street Railway; Action of Department

Section 55 - Municipal Light Board

Section 55a - Agreements Between Municipal Light Boards and Cities or Towns

Section 56 - Management of Plant

Section 56a - Municipal Light Commission; Definition; Contracts of Members

Section 56b - Contracts of Commission; Requisites

Section 56c - Contracts of Commission; Filing With City or Town Auditor; Preservation; Public Inspection; Penalty

Section 56d - Contracts of Commission; Advertisements and Bids; Application of Section

Section 56e - Removal of Members; Notice and Hearing; Appeal

Section 57 - Manager's Annual Financial Report; Tax Levy; Expenditure of Income

Section 57a - Appropriations for Maintenance and Operation; Payment in Advance of Receipts

Section 57b - Income From Investment or Deposit of Proceeds of Municipal Bonds or Notes Issued for Gas or Electrical Purposes

Section 57c - Appropriations From Insurance Escrow Account

Section 58 - Schedule of Prices for Gas and Electricity

Section 58a - Advance Deposit; Shut Off for Non-Payment; Removal of Appliances for Distribution

Section 58b - Lien Upon Real Estate for Nonpayment of Service Charges

Section 58c - Time for and Length of Lien

Section 58d - Unpaid Charges Added to Real Estate Taxes

Section 58e - Interest on Taxes Due by Reason of Unpaid Charges

Section 58f - Abatement of Real Estate Tax Imposed by Reason of Unpaid Charges

Section 59 - Notice of Change of Price to Department

Section 60 - Entitlement to Service; Review by Department

Section 61 - Assessment of Cost of Establishing Service

Section 62 - Protection of Plant; Municipal Ordinances

Section 63 - Duties of Municipality and Its Officers; Violations; Penalties

Section 65 - Application of Chapter to Plants Authorized by Special Act

Section 66 - Application of Chapter and By-Laws of Town to Plant Authorized by Special Act

Section 67 - Revocation of Rights, Locations or Licenses

Section 68 - Sale of Plant by Town

Section 69 - Enforcement by Supreme Judicial Court

Section 69a - Purchase, Sale and Distribution of Natural Gas by Municipality

Section 69b - Definitions

Section 69c - Cadet Engineers; Power of City or Town to Contract for Training; Contents of Contract

Section 69d - Cadet Engineers; Selection

Section 69e - Cadet Engineers; Civil Service Laws; Retirement Benefits; Workmen's Compensation

Section 69f - Expenses

Section 69g - Definitions

Section 69h - Energy Facilities Siting Board

Section 69h1/2 - Hydropower Generation Facilities

Section 69i - Long-Range Forecasts of Electric and Gas Companies; Filing; Hearings; Approval

Section 69j - Petition for Approval of Construction; Notice of Intention to Construct Oil Facilities; Public Hearings; Approval or Rejection

Section 69j1/4 - Construction of Generating Facility

Section 69j1/2 - Fees for Applications to Construct Electricity Facilities

Section 69k - Certificate of Environmental Impact and Public Interest; Construction of Facilities; Petition; Issuance; Conditions; State Agencies and Local Governments Restricted; Transfer; Amendment; Applicability

Section 69k1/2 - Certificate of Environmental Impact and Public Interest With Respect to a Generating Facility

Section 69l - Petition for Certificate or Amendment Thereof; Form; Information Required; Affidavit of Service and Notice

Section 69l1/2 - Application for Certificate With Respect to a Generating Facility

Section 69m - Public Hearings on Petitions; National Pollutant Discharge Elimination System Permit; Notices; Procedures; Fact Sheets

Section 69n - Parties in Interest to Proceedings

Section 69o - Decision Granting or Denying Application; Findings and Opinions; Applicability

Section 69o1/2 - Decision Granting or Denying Application With Regard to a Generating Facility; Findings and Opinions

Section 69p - Judicial Review

Section 69q - Joint Inter-Agency Investigations, Hearings or Orders; Interstate Compacts and Federal Agreements Authorized

Section 69r - Eminent Domain; Taking by Electric or Gas Companies, Generation Companies or Wholesale Generation Companies; Procedures; Restrictions

Section 69s - Eminent Domain With Respect to Oil Pipelines; Requisite Procedures; Rights Relative to Taking

Section 70 - Opening of Streets by Gas Company; Liability; Repairing Streets

Section 70a - Application to Department to Lay Main; Hearing; Determination; Fees

Section 71 - Construction of Transmission Lines

Section 72 - Taking Land for Transmission Lines

Section 72a - Survey Preliminary to Eminent Domain Proceedings; Notice to Landowners; Damages

Section 73 - Pipes, Mains, Wires and Conduits Crossing Railroads

Section 74 - Recovery by Town of Damages Paid as Result of Defect in Street

Section 75 - Regulation by Municipal Authorities

Section 75a - Installation of Gas Meters; Compliance With Regulations for Preventing Escape of Gas

Section 75b - Qualifying to Do Business

Section 75c - Right of Eminent Domain

Section 75d - Survey Preliminary to Eminent Domain Proceedings; Liability

Section 75e - Regulation of Construction and Operation

Section 75f - Restoration of Ground Surface Following Installation

Section 75g - Marking of Location of Underground Line

Section 75h - Licenses, Permits, etc., for Pipeline Maintenance, Construction and Operation

Section 76 - Supervisory Authority of Department

Section 76a - Dealings With Affiliated Companies

Section 76b - Streets or Ways; Construction Over, Across or Along High Pressure Gas Mains

Section 76c - Rules and Regulations

Section 76d - Utility Underground Plant Damage Prevention System; Establishment

Section 77 - Annual Report of Department

Section 78 - Notice of Violation

Section 79 - Enforcement of Orders of Department; Equity Jurisdiction

Section 80 - Location of Office of Company; Records; Inspection of Records by Department

Section 81 - Form of Books and Accounts

Section 82 - Form of Records of Work at Manufacturing Station

Section 83 - Annual Return; Form; Other Information to Department

Section 84 - Failure to Make or Amend Return; Penalty

Section 84a - Condensed Return of Business and Financial Condition

Section 85 - Examination of Records by Department; Confidential Nature of Information; ''affiliated Company'' Defined

Section 85a - Filing Copies of Existing Contracts With Affiliated Companies

Section 85b - Emergency Response Plans; Submission for Review and Approval; Contents; Penalties for Failure to File; Denial of Recovery of Service Restoration Costs for Failure to Implement Emergency Response Plan

Section 86 - Consent of Municipality to Entry of Another Gas Company

Section 87 - Consent of Municipality to Entry of Another Electric Company

Section 88 - Review of Decision Issued Under Secs. 86 or 87

Section 89 - Rights of Another Municipality to Enter Another Town

Section 90 - Conditions Imposed Upon Entry of Supplier of Electricity in Bulk

Section 91 - Enforcement of Conditions Imposed Under Sec. 90

Section 92 - Right of User to Gas or Electricity

Section 92a - Right of User in Bulk to Gas

Section 93 - Price or Quality of Gas or Electricity; Public Hearing; Notice

Section 94 - Schedule of Rates, Prices and Charges; Contracts; Filing; Proposed Changes; Notices; Investigations; Hearings

Section 941/2 - Sales of Compressed Natural Gas for Use as a Motor Fuel

Section 94a - Contracts for Purchase of Gas or Electricity; Review of Price Paid

Section 94b - Contracts With Affiliated Companies; Approval by Department

Section 94c - Dealings Between Gas or Electric Affiliated Company; Burden of Proof

Section 94d - Penalties for Delinquencies and Discounts

Section 94e - Notification of Termination of Contract Filed Under Sec. 94

Section 94f - Rates, Prices and Charges of Gas Companies; Effect of Orders of f.p.c.

Section 94g - Proposed Performance Program; Unit Heat Rate Audit; Public Hearing; Periodic Report; Deductions; Fuel Charge; Base Rates; Rules and Regulations

Section 94h - Condominiums; Common Areas; Rates

Section 94i - Cost-Allocation Method for Determining Base Distribution Rates

Section 95 - Reports of Accidents

Section 96 - Purchase, Sale, Consolidation or Merger; Procedure; Public Interest Determination

Section 97 - Acquisition of Water Storage Reservoir or Hydro-Electric Plant by Electric Company

Section 98 - Rights of Company Acquiring Water Storage Reservoir or Hydro-Electric Plant

Section 99 - Increase of Capital Stock to Affect Acquisition

Section 99a - Property Held as Tenants in Common by Electric Companies

Section 100 - Sale of Property to Another Gas or Electric Company; Exceptions

Section 101 - Time for Filing Applications for Approval of Sales or Consolidations

Section 102 - Consolidation of Boston Consolidated Gas and Boston Edison

Section 102a - Consolidation or Merger; Agreement, Provisions; Submission of Article to State Secretary; Form; Requisites and Information; Approval; Effectiveness; Filings

Section 102b - Certificate of Consolidation or Merger; Issuance; Fee

Section 102c - Enforcement of Consumer Protection Provisions; Arbitration

Section 103 - Accuracy of Meters; Records

Section 104 - Fees of Department for Examining, Comparing and Testing Gas Meters

Section 105a - Storage, Transportation and Distribution of Gas; Regulation; Violations; Civil Penalties

Section 106 - Regulation of Quality of Gas

Section 107 - Establishing Calorific Standard; Companies Exempt From Furnishing Gas of Standard Established

Section 108 - Calorimeter Provided by Company

Section 109 - Inspection of Gas by Department; Establishing New Standards of Purity

Section 110 - Gas Below Standard; Forfeiture

Section 111 - Unit of Measure for Sale of Gas

Section 112 - Meter Provers

Section 113 - Use of Gas Meters Not Tested, Sealed or Stamped; Penalty

Section 114 - Testing Gas Meters in Use; Cost of Test

Section 115 - Easy Ascertainment of Gas Meter Reading

Section 115a - Replacement of Gas Meters

Section 116 - Entry on Premises to Examine and Maintain Gas or Electric Meters

Section 116a - Disconnection of Services in Case of Fire, Explosion or Other Disaster

Section 116b - Gas Company to Provide Maintenance and Improvement of Gate Boxes During Street, Sidewalk or Road Repair; Application for Assistance

Section 117 - Written Statement of Amount Recorded Given by Meter Reader

Section 118 - Easy Ascertainment of Electric Meter Reading

Section 119 - Meter Rentals

Section 119a - Itemized Statement of Quantity of Gas, Electricity or Fuel Used at Each of Several Rates

Section 120 - Testing Electric Meters in Use; Cost of Test

Section 121 - Entry Upon Premises to Make Test; Compensation of Person Making Test; Rules and Regulations

Section 122 - Use of Incorrect Meter; Refund

Section 123 - Prepayment Meters; Risk of Loss of Deposits

Section 124 - Entry of Premises to Stop Gas or Electricity

Section 124a - Shutting Off or Failing to Restore Service During Serious Illness

Section 124b - Shutting Off Gas or Electric Service for Failure to Pay for Appliances; Prohibition

Section 124c - Nursing Homes, Homes for the Aged, Convalescent Homes, and Hospitals; Shutting Off Gas or Electric Service

Section 124d - Shutting Off Gas or Electric Service to Tenants Not Customer of Record

Section 124e - Termination of Gas and Electric Service; Households With Residents 65 or Older

Section 124f - Shutting Off Service During Financial Hardship

Section 124g - Restoration of Service Upon Payment

Section 124h - Shutting Off Service in Residence Where Infant Domiciled

Section 124i - Penalties

Section 125 - Refusal to Supply Because of Default of Previous Occupant

Section 125a - Supply to Commonwealth or Municipality After Expiration of Contract; Price

Section 126 - Wilful Injury or Interference With Gas Meter or Other Property; Penalty; Prima Facie Evidence

Section 126a - Impersonating an Officer or Servant of a Gas or Electric Company; Penalties

Section 127 - Intentional Injury to Electric Meter or Other Property; Penalty; Prima Facie Evidence

Section 127a - Destruction of or Tampering With, Electric or Gas Lines, Meters, etc.; Theft of Electricity or Gas

Section 128 - Guaranty Fund; Payment of Interest, Application to Charges and Tolls; Annual Return Statement; Violations; Penalty

Section 129 - Definitions

Section 130 - Establishment of Fund; Filing and Recording of Trust Instrument; Trustee; Dissolution of Fund

Section 131 - Powers and Duties of Fund and Trustee; Financial Statement; Amount of Fund; Authorized Trust Instrument Provisions; Amendments; Consolidation or Merger of Fund; Taxation

Section 132 - Exemption of Trust Fund From Certain Insurance Laws

Section 133 - Emergency Mutual Aid

Section 134 - Load Aggregation Programs

Section 135 - Corporate Retail Load Aggregators

Section 136 - Cooperatives

Section 137 - Participation in Group Purchasing of Electricity, Natural Gas, Telecommunications Services or Similar Products

Section 138 - Definitions

Section 139 - Class I, Ii or Iii Net Metering Facilities; Election of Net Metering; Tariffs; Limitation on Aggregate Capacity; Rules and Regulations

Section 139a - Small Hydroelectric Power Net Metering Facilities Program

Section 140 - Neighborhood Net Metering Facility; Election of Net Metering; Rules and Regulations

Section 141 - Decisions or Actions Regarding Rate Design; Adjustment to Low-Income Rate Discount

Section 142 - Removal of Impediments to Development of Efficient, Low-Emissions Distributed Generation

Section 143 - Small Municipal Renewable Energy Generating Facilities; Issuance of Bonds and Notes; Procurement of Required Services; Receipt and Use of Revenues

Section 144 - Uniform Natural Gas Leaks Classification System; Grading of Reported Natural Gas Leaks; Projects on Public Ways; School Zones; Gas Company Response and Reporting

Section 145 - Plan for Replacement or Improvement of Aging or Leaking Natural Gas Infrastructure

Section 146 - Electric Distribution System Resiliency Reports; Competitive Solicitation for Electric Distribution System Resiliency Non-Wires Alternatives

Section 147 - Reporting of Lost and Unaccounted for Gas

Section 148 - Engineering Plans or Specifications for Work or Services Posing Material Risk to Public Safety to Bear Stamp of Certified Professional Engineer