# En 510.05 Written Formal Notice of Probable Violation

**Citation:** N.H. Admin. R. En 510.05  
**Type / status:** regulation / current  
**Agency:** New Hampshire Department of Energy  
**Effective:** 2023-10-25  
**Published:** 2023-10-25

En 510.05 Written Formal Notice of Probable Violation.

## Document text

En 510.05 Written Formal Notice of Probable Violation.

(a) After the department staff receives evidence of a possible violation, the department shall issue a written notice of probable violation (NOPV) to the party alleged to have committed the violation.

(b) The department staff shall send information regarding the NOPV by certified mail to the party alleged to have committed the violation.

(c) The NOPV shall include the following:

(1) A description of the probable violation and reference to the rule or statute regarded as violated;

(2) The date and location of the probable violation;

(3) A statement notifying the party or parties involved that civil penalties might be imposed pursuant to RSA 374:7-a, in the event of unfavorable judgment;

(4) The amount of the civil penalty;

(5) A description of factors relied upon by department staff in making its determination, such as the size of the business of the utility, gravity of the violation, history of prior violations, degree of culpability of the respondent, how quickly the respondent took action to rectify the situation, cooperativeness of respondent, history of prior violations, effect of penalty on the utility, and any other identifiable factors which would tend to either aggravate or mitigate the violation;

(6) Statutory rights of the respondent as enumerated in RSA 374:7-a; and

(7) Procedures for resolving the complaint.

(d) The operator shall respond in writing to the department within 30 days of its receipt of the violation notice referred to in (a) above.

## Provenance

- Official: Yes
- Source: <https://gc.nh.gov/rules/state_agencies/en500.html>
- Source ID: `nh-general-court-en-500`
- SHA-256: `ad3683f655b6ba4e7e32f07d6a783c44fac1ac76cd58b1319168cd0f9398c27b`
- Retrieved: 2026-08-20T08:23:25.693Z
- Exported: 2026-08-24T02:59:32.591Z
- Document slug: `nh-admin-rules-en-510-05`

### Source metadata

```json
{
  "jurisdiction": "US-NH",
  "chapter": "En 500",
  "part": "510",
  "documentNumber": "#13796",
  "certificationScope": "intrastate-gas",
  "federalPartsReferenced": [
    191,
    192,
    193,
    198,
    199
  ],
  "fixedFederalBaseline": null,
  "laterFederalAmendmentsIncludedByText": true,
  "references": [
    {
      "citation": "RSA 374:7-a",
      "referenceType": "state_statute",
      "url": "https://gc.nh.gov/rsa/html/XXXIV/370/370-mrg.htm"
    },
    {
      "citation": "En 510.05",
      "referenceType": "state_regulation",
      "url": "https://gc.nh.gov/rules/state_agencies/en500.html"
    }
  ],
  "caveats": {
    "exactScope": "Bounded current direct pipeline-safety corpus of 36 sections in New Hampshire Administrative Rules Chapter En 500, effective October 25, 2023. It includes governing scope, safety-defined terms, emergency and incident duties, pipeline standards, safety records and maps, accidents and leaks, directly associated forms, and enforcement for gas pipeline utilities.",
    "excludedScope": "This is not all New Hampshire gas or pipeline law. Seventy-nine current En 500 sections concerning service, gas quality, meters, general accounting, supply, federal filings, or specialized LPG and landfill-gas programs are inventoried but not searchable. En 511 and En 512 are adjacent because the official PHMSA evidence proves intrastate-gas certification generally but does not independently establish that every state-defined LPG or landfill operator falls within that certification. En 800 damage prevention, En 1400 pipeline-utility economic regulation, statutes, forms, orders, federal text, private standards, interstate gas, hazardous liquids, and underground storage are excluded.",
    "applicability": "Applicability depends on operator and utility status, commodity, facility, activity, intrastate or interstate status, PHMSA and FERC jurisdiction, master-meter and LPG thresholds, waivers, orders, and the text in force on the relevant date. PHMSA states that New Hampshire is certified for intrastate gas; PHMSA retains interstate gas and both intrastate and interstate hazardous-liquid inspection and enforcement. The connector does not infer hazardous-liquid or underground-storage certification.",
    "incorporation": "En 506.01 requires compliance with 49 CFR Parts 191, 192, 193, 198, and 199, including future amendments, and contains additional state requirements and incorporated private standards. The rule does not state a fixed federal edition. This connector links but does not reproduce federal or private standards and does not decide whether every later federal amendment is validly incorporated for every state-law purpose.",
    "publication": "The New Hampshire General Court administrative-rules publication is the controlling current text used here. Document #13796 adopted En 500 effective October 25, 2023. The official Puc 500 revision note confirms that former PUC safety provisions were deleted and transferred to En 500; Puc 500 is not treated as parallel current safety text. Retrieval time is publication observation, not a legal event.",
    "rights": "Official New Hampshire and federal government artifacts are retained with attribution and SHA-256 provenance. Public access does not resolve rights in site presentation, seals, agency marks, forms, linked works, or incorporated private standards; downstream redistribution requires separate review."
  },
  "region": "NH"
}
```