N.H. should strengthen consumer protection law
I want to share an experience with New Hampshire’s propane fee statute that deserves public attention.
I recently contacted Irving Energy’s residential office after a phone message said my bill was past due. I was told I owed a $39 annual fee, and that it would not be waived even though I was closing the account and having them take the tank. To their credit, an hour later Irving reversed course and waived the fee.
Irving explained $39 was a newly implemented annual charge, mailed to all residential propane tank customers in April 2026 to “maintain” the tank. In my case, though, the tank hadn’t been serviced in years — it was rusted and empty, and I’d moved it because it interfered with other needs. My heat comes from pellets and solar power, not propane.
This led me to research the underlying law, and what I found is concerning.
New Hampshire’s propane consumer protection statute, RSA 339:79, was substantially rewritten this year by House Bill 1262, signed by Gov. Kelly Ayotte. The rewritten statute, which went into effect Aug. 31, requires disclosure of all fees in writing before service begins, and after service starts, a dealer may only add or raise a fee by giving written notice, effective no sooner than 60 days after the dealer “mails or delivers” that notice.
But if a mailed notice never arrives, how would a customer even know to look into it — until they get a past-due notice? First-class mail isn’t delivered with certainty — pieces get lost, damaged, or misdelivered. The law rests entirely on the act of mailing, with no way for a customer to confirm a notice was ever sent or received. I suspect many customers simply pay a fee like this without ever learning it could have been questioned.
The law also sets no window allowing a first-year fee waiver if a customer is closing an account and having the tank picked up.
I’d encourage the Legislature to strengthen RSA 339:79 by requiring a verifiable method of notice — certified mail, email with delivery confirmation, or a customer account portal — so dealers and consumers have a clear, provable record of when a fee notice was given.