35-A M.R.S. § 2503 — ME Code / Title 35-A / Part 2 / Chapter 25 / Section 2503
35-A §2503. Procedure for application for permit
Status: in_force

1. Application. The application must be in writing and describe the facilities, the requested location, evidence of notice provided to owners of facilities in the applicable public way, the minimum depth if an underground facility, the minimum height of any attached wires or cables, if aboveground facilities, all in the manner and form that the licensing authority requires. [PL 2015, c. 216, §1 (AMD).]

2. Notice. The applicant may give public notice of the application by publishing its description of the proposed facility once in a newspaper circulated in the municipality or municipalities encompassing the limits of the proposed location. The applicant shall send a copy of any application filed with the Department of Transportation to the municipal clerk of each municipality in which the facilities are located, or to the clerk of the county commissioners in the case of facilities within an unorganized township, except that the applicant may, without publication of its application, place its facility described in its application on receipt of a permit from the licensing authority as may be otherwise provided. If a proposed facility is located underground and is in excess of 500 feet in length, the applicant shall, within 5 business days of submitting an application to the applicable licensing authority, provide the ConnectMaine Authority established in Title 5, section 12004‑G, subsection 33‑F a notice that includes a description and the location of the proposed facility. [PL 2019, c. 625, §4 (AMD).]

3. Objection. Objection to the application may be filed according to this subsection. A. Any person owning property that abuts the applicable public way or any owner of facilities in the applicable public way may file a written objection with the appropriate licensing authority within 14 days after publication by the applicant. The written objection must state the reason for the objection. The written objection must be served by delivery in hand or by registered or certified mail. [PL 2015, c. 216, §2 (AMD).] B. If the applicant proceeds without publication of the application, any person owning property that abuts the applicable public way or any owner of facilities in the applicable public way may file a written objection with the appropriate licensing authority within 90 days after installation of the facility described in the application. The written objection must state the cause for the objection. The written objection must be served by delivery in hand or by registered or certified mail. [PL 2015, c. 216, §2 (AMD).] [PL 2015, c. 216, §2 (AMD).]

4. Hearing. The licensing authority, on receipt of a written objection, shall fix a time and place for hearing and shall give 7-days' notice of hearing by registered or certified mail to the applicant and any person filing law objections. The licensing authority's adjudication on the validity of the applicant's notice or procedures is final and conclusive. If the licensing authority finds its notice of hearing, the applicant's notice of application or the applicant's procedures defective, it may fix a new time and place for hearing, shall order appropriate notice to be published or defect corrected and shall adjourn the hearing to meet at the time and place fixed in its order. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Permits. The location permit shall specify the approximate location of the facility and the minimum depth of any pipes or conduits below, or the minimum height of any wires or cables above, the earth's surface. The licensing authority may specify in the permit other requirements determined necessary in the best interests of the public safety and use of the right-of-way so as not to obstruct use for public travel. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Liability. Installation and maintenance of the facility and its appurtenances in accordance with the terms of the permit and the provisions of chapter 23 and this chapter relieve the applicant of liability to others by reason of location of its facility and appurtenances and no person has any right of recovery under Title 23, section 3655 , because of the location, installation and maintenance and the applicant will be liable only for acts of negligence in the installation or maintenance of the facility and its appurtenances. [PL 1987, c. 141, Pt. A, §6 (NEW).]

7. Alteration. After the facility is installed, the licensing authority may alter or amend the permit if the installation is determined to impair the highway improvement or interfere with the free and safe flow of traffic. The procedure for an applicant, or for the licensing authority under this subsection, to alter or amend the terms of a location permit after construction or installation of the facility is the same as for any original application for a permit. [PL 1987, c. 141, Pt. A, §6 (NEW).]

8. Relocation. No location permit or alteration of any original location permit is required for relocation of the facility when the relocation is because of the construction, reconstruction or relocation of the way, except when required by federal law applicable to highways that have been designated for federal aid. The licensing authority, except in such cases of federal aid construction, shall issue a new location permit to evidence the legality of the relocation. [PL 1987, c. 141, Pt. A, §6 (NEW).]

9. Replacement and additions. A new location permit is not required for the replacement of an existing facility or appurtenance or for additions to the facility and appurtenances made within the terms of the existing permit. [PL 1987, c. 141, Pt. A, §6 (NEW).]

10. Service lines and improvements. An additional location permit is not required for any person to attach or install wires, cables or associated equipment, service lines or extensions to its facilities for which a permit has been issued or which are declared to be legal structures under this section, provided that these attachments or installations conform to the conditions of the permit. These attachments or installations are deemed legal structures. [PL 1987, c. 141, Pt. A, §6 (NEW).]

11. Ordered and existing locations. No location permit is required for any facilities constructed in accordance with an order of the municipality issued in writing and signed by the municipal officers, or by county commissioners in the case of unorganized townships, and agreed to by the owner of the facilities. When installed in accordance with the order, the facilities are deemed legal structures. No location permit is required for any facilities which existed within the limits of a private way before the legal acceptance of the private way as a public way and the facilities are deemed legal structures. [PL 1987, c. 141, Pt. A, §6 (NEW).]

12. Records. The licensing authority shall maintain a record of all location permits issued and presently valid. [PL 1987, c. 141, Pt. A, §6 (NEW).]

13. Appeals. Appeals from decisions shall be conducted in the following manner. A. The licensing authority shall give notice of their decision to the applicant and to any person filing objections as soon as practicable. [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Any person aggrieved by a decision of the Department of Transportation or the county commissioners may appeal to the Superior Court in the manner provided in Title 23, sections 2063 to 2066 , relating to highways. [PL 1987, c. 141, Pt. A, §6 (NEW).] C. In the case of municipalities, the decision of the municipal officers or their designees shall be filed with the clerk of the municipality within one week from the date of the decision. Within 2 weeks from the filing, any person aggrieved may appeal from their decision to the county commissioners by filing notice of appeal with a copy of the original petition and adjudication with the clerk of the municipality and with the clerk of the board of county commissioners. (1) Once a person aggrieved files a notice of appeal of a revision made by a municipality, the municipal officers may review a decision previously made by them to reconsider the issues involved or they may act as a review board to evaluate a decision made by their designees. The municipal officers may alter decisions during the 2-week appeal period, but the person aggrieved retains the initiative to pursue the appeal if not satisfied with the altered decision. (2) The county commissioners shall immediately entertain the appeal and give 2 weeks' notice of the time and place of hearing, which must be held within 30 days from the time the appeal is filed. The hearing may be adjourned from time to time, not exceeding 30 days in all, and the commissioners shall file their decision within 30 days from the time the hearing is closed and transmit a copy of it to the applicant, any other parties to the appeal and to the clerk of the municipality, who shall immediately record it. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

14. Opening permits. Notwithstanding section 2303 , 2502 or 2503 , the applicant must procure opening permits before making any underground installation as provided in chapter 23 and Title 23, sections 54 and 3351 to 3359 . [PL 1987, c. 141, Pt. A, §6 (NEW).]

15. Agreement. The granting of a permit by the Department of Transportation, municipal officers or their designees or county commissioners, under this section, constitutes an agreement between the utility and the State or political subdivision of the State. [PL 1987, c. 141, Pt. A, §6 (NEW).]

16. Rules. The Department of Transportation may adopt reasonable rules to administer this section. These rules may include procedures for application and issue of permits and the conduct of hearings. The department may adopt rules authorizing public utilities to install facilities on or over the surface of public ways for which the department is the licensing authority. The rules must set forth the following: A. General terms and conditions regarding the location of the facilities; and [PL 1993, c. 540, §1 (NEW).] B. Reasonable requirements determined necessary to protect public safety and to permit unobstructed public travel along the affected public way. [PL 1993, c. 540, §1 (NEW).] Utilities installing facilities in accordance with these rules are not required to receive a separate written location permit as required by section 2501, subsection 2 . Facilities installed in accordance with the rules are legal structures and are deemed installed pursuant to a written location permit. [PL 1993, c. 540, §1 (AMD).]

17. Relocation in certain municipalities. The Department of Transportation has the exclusive rights, powers and duties of municipal officers under section 2517 when state or state-aid highways are affected, except for state and state-aid highways in the compact areas of urban compact municipalities as defined in Title 23, section 754 . [PL 1999, c. 753, §11 (AMD).]

18. Rights of applicable licensing authority. Nothing in Title 30‑A, section 3008, subsection 5 impairs the rights of the applicable licensing authority. [PL 2023, c. 405, Pt. A, §125 (AMD).]

19. Legal effect. Existing facilities and appurtenances maintained and now in use within a public way, together with any facilities and appurtenances installed and maintained in accordance with this section are deemed legal structures and the party maintaining them is liable for maintaining them only for acts of negligence in the erection or maintenance of them. The failure of the licensing authority to grant or deny a permit for which application is made within 60 days of filing constitutes the issuance of a location permit. [PL 1987, c. 141, Pt. A, §6 (NEW).]

20. Exclusive method. Compliance with this section by any person is the exclusive method of obtaining the rights and privileges conferred in this section and no person or cooperative may be required, with respect to the location of its facilities, to comply with or be subject to any other law, including, but not limited to, Title 30‑A, chapter 165 , except that a person subject to Title 30‑A, section 3008 must comply with the requirements of that section with respect to the location of its facilities. [PL 2023, c. 502, §29 (AMD).]

21. Default standards. This subsection governs standards applied by local licensing authorities. A. As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings. (1) "Local licensing authority" means municipal officers or their designees or county commissioners. (2) "Underground location standards" means standards governing the location and depth of and distance between utility facilities, including the underground portion of aboveground facilities such as utility pole bases. [PL 2015, c. 216, §3 (NEW).] B. For all state and state-aid highways within compact areas of urban compact municipalities as defined in Title 23, section 754 , rules adopted by the Department of Transportation under subsection 16 serve as the minimum standard. [PL 2015, c. 216, §3 (NEW).] C. Except within areas identified in paragraph B , a local licensing authority may adopt underground location standards for utility facilities within its jurisdiction as designated in section 2502, subsection 1, paragraph A or B . If a local licensing authority has not adopted underground location standards for utility facilities, the underground location standards adopted by the Department of Transportation under subsection 16 govern. [PL 2015, c. 216, §3 (NEW).] D. A local licensing authority that has not adopted underground location standards for utility facilities in accordance with paragraph C may grant exceptions to the underground location standards adopted by the Department of Transportation under subsection 16 if the licensing authority finds one of the following: (1) Application of the underground location standards would present an exceptional hardship or unreasonable cost under the circumstances and alternative standards will adequately ensure public safety; (2) All affected parties, as determined by the local licensing authority, have agreed to alternative underground location standards that will adequately ensure public safety; (3) A unique situation exists that requires an adjustment of the standards in a manner that ensures public safety; or (4) The underground location standards exceed the limits of the available space within the right-of-way. [PL 2015, c. 216, §3 (NEW).] E. The owners of a new, planned underground utility facility shall coordinate directly with owners of existing underground utility facilities in the public way during the design phase of the new, planned facility. Both the new and existing facility owners shall make reasonable accommodation for each other's facilities in accordance with applicable underground location standards to allow ease of access to and maintenance of those facilities and adequately ensure public safety. [PL 2015, c. 216, §3 (NEW).] [PL 2015, c. 216, §3 (RPR).]
35-A M.R.S. § 3108 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3108
35-A §3108. Utility service standards (REALLOCATED FROM TITLE 32, SECTION 3106)
Status: in_force

(REALLOCATED FROM TITLE 32, SECTION 3106)

Except as provided in subsection 3, the commission by rule shall establish service standards for transmission and distribution utilities in accordance with this section. [PL 2019, c. 104, §1 (NEW); RR 2019, c. 1, Pt. A, §50 (RAL).]

1. Service interruption reporting. The commission shall adopt rules that require transmission and distribution utilities to track and report service interruptions. The rules must include but are not limited to requirements for the following: A. Record keeping regarding service interruptions affecting the distribution system of the utility; and [PL 2019, c. 104, §1 (NEW); RR 2019, c. 1, Pt. A, §50 (RAL).] B. Reporting service interruption information to the commission. [PL 2019, c. 104, §1 (NEW); RR 2019, c. 1, Pt. A, §50 (RAL).] [PL 2019, c. 104, §1 (NEW); RR 2019, c. 1, Pt. A, §50 (RAL).]

2. Service standards; corrective actions. The commission shall adopt rules that set standards for transmission and distribution utilities regarding the frequency and duration of service interruptions. The rules must establish performance targets and specify guidelines for the commission to require a transmission and distribution utility to take corrective actions if performance targets are not met. [PL 2019, c. 104, §1 (NEW); RR 2019, c. 1, Pt. A, §50 (RAL).]

3. Exception; small utilities. Notwithstanding any other provision of this section, the commission may exempt small transmission and distribution utilities from any rule, or portion of a rule, required by this section if the commission determines that the rule would impose unreasonable requirements on the utility due to the small size of the utility. For the purposes of this subsection, "small transmission and distribution utility" means a transmission and distribution utility serving 50,000 or fewer retail customers. [PL 2019, c. 104, §1 (NEW); RR 2019, c. 1, Pt. A, §50 (RAL).]

Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 104, §1 (NEW); RR 2019, c. 1, Pt. A, §50 (RAL).]
35-A M.R.S. § 107 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 107
35-A §107. The Public Utilities Commission staff
Status: in_force

The following provisions apply to the commission's staff. [PL 2009, c. 122, §7 (AMD).]

1. Appointment. The commission shall appoint: A. An administrative director, a director of telephone and water utility industries, a director of electric and gas utility industries, a director of consumer assistance and safety and a director of emergency services communication; [PL 2021, c. 398, Pt. UUU, §3 (AMD).] B. With the approval of the Attorney General, a general counsel; [PL 2023, c. 307, §1 (AMD).] C. An assistant administrative director; and [PL 2023, c. 307, §1 (AMD).] D. An interconnection ombudsman to assist with interconnection under section 3474 . [PL 2023, c. 307, §1 (NEW).] [PL 2023, c. 307, §1 (AMD).]

2. Salary and conditions of employment. Salaries and conditions of employment of employees of the commission are as follows. A. The general counsel, the administrative director, the assistant administrative director, the director of telephone and water utility industries, the director of electric and gas utility industries, the director of consumer assistance and safety and the director of emergency services communication serve at the pleasure of the commission and their salaries must be set by the commission within the ranges established by Title 2, section 6‑A . [PL 2021, c. 398, Pt. UUU, §4 (AMD).] B. The compensation of the staff attorney and utility analyst positions are fixed by the commission with the approval of the Governor, but the compensation may not in the aggregate exceed the total amount appropriated or allocated in the commission's budget. [PL 1993, c. 118, §1 (AMD).] C. The salaries of the other subordinate officials and employees of the commission, other than those of the general counsel, the administrative director, the assistant administrative director, the director of telephone and water utility industries, the director of electric and gas utility industries, the director of consumer assistance and safety, the director of emergency services communication and the staff attorney and utility analyst positions, are subject to the Civil Service Law. [PL 2021, c. 398, Pt. UUU, §5 (AMD).] D. [PL 1993, c. 118, §3 (RP).] E. The commissioners and all employees receive actual expenses when traveling on official business. [PL 2009, c. 122, §7 (AMD).] F. The interconnection ombudsman is: (1) For interconnection-related activities undertaken by the interconnection ombudsman, funded through fees assessed under section 3474 , federal money and contributions from private and public sources; and (2) For activities undertaken by the interconnection ombudsman pursuant to section 3474, subsection 4, paragraph A , subparagraph (6), funded in accordance with section 116 . [PL 2025, c. 110, §1 (RPR).] [PL 2025, c. 110, §1 (AMD).]

3. Commission's access to staff. Each commissioner may have access to the Public Utilities Commission staff and to any information available to the commission, subject to Title 5, section 9055 . [PL 2009, c. 122, §7 (AMD).]

4. Delegation of powers and duties to the staff. The commission may delegate to its staff such powers and duties as the commission finds proper. All delegations existing as of the effective date of this section are valid. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Administrative director's duties. The administrative director: A. Shall keep a record of the proceedings of the commission, which must be open to inspection at all times; and [PL 2009, c. 122, §7 (AMD).] B. May certify all official acts of the commission, administer oaths and issue subpoenas, processes, notices, orders and other documents necessary to the performance of the commission's duties. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 2009, c. 122, §7 (AMD).]

6. Assistant administrative director's duties. The assistant administrative director shall assist the director in the performance of the director's duties and in the absence of the director has the same power as the director. [PL 2009, c. 122, §7 (AMD).]

7. Commission counsel. The commission may employ counsel in any proceeding, investigation or trial. [PL 1987, c. 141, Pt. A, §6 (NEW).]

8. Dismissal. After successful completion of a probationary period, the employees occupying the positions of staff attorney and utility analyst may be dismissed, suspended or otherwise disciplined only for cause. [PL 1993, c. 589, §2 (AMD).]
35-A M.R.S. § 3205 — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3205
35-A §3205. Marketing; large utilities
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Affiliated competitive provider" means a competitive electricity provider whose relationship with a large investor-owned transmission and distribution utility qualifies it as an affiliated interest. [PL 1997, c. 316, §3 (NEW).] B. "Distribution utility" means a large investor-owned transmission and distribution utility that has an affiliated competitive provider. [PL 1997, c. 316, §3 (NEW).] C. "Purchasing entity" means a person that purchases 10% or more of the stock of a distribution utility on or after the effective date of this section. [PL 1997, c. 316, §3 (NEW).] D. "Related entity" means: (1) Any person who owns, directly, indirectly or through a chain of successive ownership, 10% or more of the voting securities of the purchasing entity; (2) Any person 10% or more of whose voting securities are owned, directly or indirectly, by an affiliated interest as defined in subparagraph (1) ; (3) Any person 10% or more of whose voting securities are owned, directly or indirectly, by a purchasing entity; (4) Any person, or group of persons acting in concert, which the commission may determine, after investigation and hearing, exercises substantial influence over the policies and actions of a purchasing entity, provided that the person or group of persons beneficially owns more than 3% of the purchasing entity's voting securities; or (5) Any purchasing entity of which any person defined in subparagraphs (1) to (4) is an affiliated interest. [PL 1997, c. 316, §3 (NEW).] E. "Voting securities" means any security or any proprietary or other interest presently entitling the owner or holder of the security to vote in the direction or management of the affairs of a company. [PL 1997, c. 316, §3 (NEW).] [PL 1997, c. 316, §3 (NEW).]

2. Marketing permitted. On and after the beginning of retail access, a large investor-owned transmission and distribution utility may not sell electric energy or capacity to any retail consumer of electricity. Pursuant to the requirements of this section, on and after the beginning of retail access, an affiliated competitive provider may sell electric energy or capacity to retail consumers of electricity: A. Outside the service territory of the distribution utility with which it is affiliated; and [PL 1997, c. 316, §3 (NEW).] B. Within the service territory of the distribution utility with which it is affiliated, except that: (1) The affiliated competitive provider may not sell or contract to sell more than 33% of the total kilowatt hours sold within the service territory of the distribution utility, as determined by the commission by rule; and (2) In accordance with section 3212 , the affiliated competitive provider may not at any one time provide or bid to provide standard-offer service for more than 20% of electric load within the territory of the transmission and distribution utility with which it is affiliated. The marketing limitations in this paragraph do not apply to competitive electricity service or standard-offer service in the service territory or any portion of the service territory of a distribution utility that is located in an area administered by the independent system administrator for northern Maine or any successor of the independent system administrator for northern Maine unless the commission finds that the level of competitive electricity service and standard-offer service competition in the area administered by the independent system administrator for northern Maine or any successor of the independent system administrator for northern Maine is substantially similar to the level of competitive electricity service and standard-offer service competition in the area of the State that is within the New England independent system operator control area. All kilowatt hours sales and electric load in any portion of a distribution utility's service territory that is located in an area administered by the independent system administrator for northern Maine or any successor of the independent system administrator for northern Maine must be excluded from the calculation under this paragraph for those portions of the distribution utility's service territory that is not located in an area administered by the independent system administrator for northern Maine or any successor of the independent system administrator for northern Maine. [PL 2013, c. 346, §1 (AMD).] No later than January 1, 2005, based on its evaluation of the development of the competitive retail electric sales market, the commission shall complete an evaluation of the need for the market share limitation imposed under paragraph B, subparagraph (1) and shall report its findings together with any recommendations to the joint standing committee of the legislature having jurisdiction over utility matters. [PL 2013, c. 346, §1 (AMD).]

3. Standards of conduct. The following provisions govern the conduct of a distribution utility and an affiliated competitive provider. A. A distribution utility may not, through a tariff provision or otherwise, give its affiliated competitive provider or customers of its affiliated competitive provider preference over nonaffiliated competitive electricity providers or customers of nonaffiliated competitive electricity providers in matters relating to any regulated product or service. [PL 1997, c. 316, §3 (NEW).] B. All regulated products and services offered by a distribution utility, including any discount, rebate or fee waiver, must be available to all customers and competitive electricity providers simultaneously to the extent technically possible and without undue or unreasonable discrimination. [PL 1997, c. 316, §3 (NEW).] C. A distribution utility may not sell or otherwise provide regulated products or services to its affiliated competitive provider without either posting the offering electronically on a well-known source or otherwise making a sufficient offering to the market for that product or service. [PL 1997, c. 316, §3 (NEW).] D. A distribution utility shall process all similar requests for a regulated product or service in the same manner and within the same period of time. [PL 1997, c. 316, §3 (NEW).] E. A distribution utility may not condition or tie the provision of any regulated product, service or rate agreement by the distribution utility to the provision of any product or service in which an affiliated competitive provider is involved. [PL 1997, c. 316, §3 (NEW).] F. A distribution utility shall process all similar requests for information in the same manner and within the same period of time. A distribution utility may not provide information to an affiliated competitive provider without a request when information is made available to nonaffiliated competitive electricity providers only upon request. A distribution utility may not allow an affiliated competitive provider preferential access to any nonpublic information regarding the distribution system or customers taking service from the distribution utility that is not made available to nonaffiliated competitive electricity providers upon request, and a distribution utility shall instruct all of its employees not to provide affiliated competitive providers or nonaffiliated competitive electricity providers any preferential access to nonpublic information. [PL 1997, c. 316, §3 (NEW).] G. Employees of a distribution utility may not share with any affiliated competitive provider or any nonaffiliated competitive electricity provider: (1) Any market information acquired from the affiliated competitive provider or from any nonaffiliated competitive electricity provider; or (2) Any market information developed by the distribution utility in the course of responding to requests for distribution service. [PL 1997, c. 316, §3 (NEW).] H. A distribution utility shall keep a log of all requests for information made by the affiliated competitive provider and nonaffiliated competitive electricity providers and the date of the response to such requests and shall keep a log of any other transactions between the distribution utility and the affiliated provider that the commission may by rule require. The log is subject to periodic review by the commission. The commission shall establish categories of requests for information and shall specify which categories, if any, are sufficiently trivial to be exempt from the log requirements imposed under this paragraph. [PL 1999, c. 398, Pt. G, §1 (AMD).] I. [PL 1999, c. 237, §2 (RP).] J. A distribution utility shall refrain from giving any appearance of speaking on behalf of its affiliated competitive provider. Neither a distribution utility nor an affiliated competitive provider may in any way represent that any advantage accrues to customers or others in the use of the distribution utility's services as a result of that customer or others dealing with the affiliated competitive provider. A distribution utility may not engage in joint advertising or marketing programs of any sort with its affiliated competitive provider, nor may the distribution utility promote or market any product or service offered by its affiliated competitive provider. The commission shall maintain a current list of all competitive providers. If a customer requests information about competitive electricity providers, the distribution utility shall provide a copy of a list on which competitive electricity providers appear in random sequence and not in alphabetical order. The distribution utility may not in any manner promote its affiliated competitive provider. [PL 1997, c. 316, §3 (NEW).] K. Employees of a distribution utility may not state or provide to any customer or potential customer any opinion regarding the reliability, experience, qualifications, financial capability, managerial capability, operations capability, customer service record, consumer practices or market share of any affiliated competitive provider or nonaffiliated competitive electricity provider. [PL 1997, c. 316, §3 (NEW).] L. Employees of a distribution utility may not be shared with, and must be physically separated from those of, an affiliated competitive provider. The commission may approve an exemption from these separation requirements upon a finding by the commission that: (1) Sharing employees or facilities would be in the best interest of the public; (2) Sharing employees or facilities would have no anticompetitive effect; and (3) The costs of any shared employees or facilities can be fully and accurately allocated between the distribution utility and the affiliated competitive provider. Any request for an exemption must be accompanied by a full and transparent allocation of costs for any shared facilities or general and administrative support services. The commission shall allow a reasonable opportunity for parties to submit comments regarding any request for an exemption. An exemption is valid until the commission determines that modification or removal of the exemption is necessary. [PL 1997, c. 316, §3 (NEW).] M. A distribution utility and its affiliated competitive provider shall keep separate books of accounts and records, which are subject to review by the commission. [PL 1997, c. 316, §3 (NEW).] N. A distribution utility shall establish and file with the commission a dispute resolution procedure to address complaints alleging violations of this section or any rules adopted pursuant to this section. A dispute resolution procedure must, at a minimum, designate a person to conduct an investigation of the complaint and communicate the results of the investigation to the claimant in writing within 30 days after the complaint was received, including a description of any action taken and the complainant's right to file a complaint with the commission if not satisfied with the results of the investigation. The distribution utility shall maintain a log of all new, resolved and pending complaints. The log is subject to annual review by the commission and must include, at a minimum, the written statement of the complaint and the resolution of the complaint or the reason why the complaint is still pending. [PL 1997, c. 316, §3 (NEW).] O. A distribution utility shall maintain its books of account and records of its transmission and distribution operations separately from those of its affiliated competitive provider, and the transmission and distribution books of account and records must be available for commission inspection. [PL 1997, c. 316, §3 (NEW).] P. A distribution utility shall maintain in a public place and file with the commission current written procedures implementing the standards of conduct established by this section and rules adopted by the commission pursuant to this section. Such written procedure must be in detail sufficient to enable customers and the commission to determine that the company is in compliance with the requirements of this section. [PL 1997, c. 316, §3 (NEW).] Q. A distribution utility may not subsidize the business of its affiliated competitive provider at ratepayer expense in any manner not specifically authorized under this section. [PL 1999, c. 398, Pt. G, §2 (NEW).] [PL 1999, c. 237, §2 (AMD); PL 1999, c. 398, Pt. G, §§1,2 (AMD).]

4. Rules. The commission shall adopt rules implementing the provisions of this section, including: A. Rules governing the tracking of the amount of kilowatt-hour sales by any affiliated competitive provider compared to the total kilowatt-hour sales within the service territory of the affiliated distribution utility; [PL 1997, c. 316, §3 (NEW).] B. Rules governing the procedure for divestiture; and [PL 1997, c. 316, §3 (NEW).] C. Rules establishing standards of conduct for distribution utilities and affiliated competitive providers consistent with the requirements of this section. [PL 1997, c. 316, §3 (NEW).] Beginning on the effective date of competition and annually thereafter, copies of the rules adopted under this section must be provided by distribution utilities to every employee of the distribution utility and posted prominently in every employee location. Rules adopted under this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter II‑A and must be provisionally adopted by March 1, 1999. [PL 1997, c. 316, §3 (NEW).]

5. Penalties. [PL 1999, c. 398, Pt. G, §3 (RP).]

6. Prohibition; divestiture. [PL 1999, c. 398, Pt. G, §3 (RP).]

7. Effect of divestiture. [PL 1999, c. 398, Pt. G, §3 (RP).]
35-A M.R.S. § 901 — ME Code / Title 35-A / Part 1 / Chapter 9 / Section 901
35-A §901. Issuance of stocks, bonds and notes
Status: in_force

Subject to the requirements of this chapter any public utility, organized and existing or incorporated under the laws of this State and doing business in the State, may issue stocks, bonds which may be secured by mortgages on its property, franchises or otherwise, notes or other evidences of indebtedness payable at periods of more than 12 months after the date of issuance, when necessary for: [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Acquisition of property. The acquisition of property to be used for the purpose of carrying out its corporate powers; [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Construction; facilities. The construction, completion, extension or improvement of its facilities; [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Improvement; service. The improvement or maintenance of its service; [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Refinancing. The discharge or lawful refunding of its obligations, including capital stock; [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Reimbursement. Reimbursement of its treasury for money used for the acquisition of property, the construction, completion, extension or improvement of its facilities; for the discharge or lawful refunding of its obligations; and which actually were expended from income or from other money in the treasury of the corporation not secured by or obtained from the issue of stocks, bonds, notes or other evidences of indebtedness of the corporation; or [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Other purposes. Any other lawful purpose. [PL 1987, c. 141, Pt. A, §6 (NEW).]

Notwithstanding any provision of law to the contrary, the requirements of this chapter do not apply to a consumer-owned water utility as defined in section 6101, subsection 1‑A . [PL 2025, c. 110, §3 (AMD).]
35-A M.R.S. § 3212 — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3212
35-A §3212. Standard offer
Status: in_force

Except as provided in subsection 6 , when retail access begins, the commission shall ensure that standard-offer service is available to all consumers of electricity. [PL 1997, c. 638, §1 (AMD).]

1. Establishment of terms and conditions. The commission shall open a rule-making proceeding no later than October 1, 1997 to establish terms and conditions for standard-offer service that include, but are not limited to: A. Entry and exit restrictions; [PL 1997, c. 316, §3 (NEW).] B. Protection against a standard-offer service provider's failure to provide service as contracted for; [PL 1997, c. 316, §3 (NEW).] C. Appropriate rate design issues; [PL 1997, c. 316, §3 (NEW).] D. Retaining averaged prices for all customers in the same class; and [PL 1997, c. 316, §3 (NEW).] E. Credit, collection and disconnection practices. [PL 1997, c. 316, §3 (NEW).] The commission shall adopt rules establishing terms and conditions for standard-offer service. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 577, §3 (AMD).]

2. Selection of standard-offer service providers. After terms and conditions for standard-offer service have been established under subsection 1 , the commission shall administer a bid process to select a standard-offer service provider for that transmission and distribution utility's service territory. By December 1, 1999, the commission shall review the bid submissions for each transmission and distribution utility and select the standard-offer service provider or providers for that utility's service territory. A. The commission shall determine the general credit data and specific information from general load and usage data that transmission and distribution utilities must provide to potential standard-offer service bidders, including, but not limited to, monthly demand and energy consumption and the number of customers in each customer class. The commission shall ensure that individual customer confidentiality is preserved in this process and that a transmission and distribution utility releases customer-specific data only with the customer's permission. If the transmission and distribution utility incurs additional costs to develop and produce the required data, the commission shall permit that utility to recover those costs through transmission and distribution rates. [PL 1997, c. 316, §3 (NEW).] B. The commission shall establish the maximum duration of a standard-offer service contract after considering all relevant factors, including, but not limited to, market risks and the need for price stability and contract flexibility. [PL 1997, c. 316, §3 (NEW).] C. A competitive electricity provider that is an affiliate of a large investor-owned transmission and distribution utility may submit bids to provide standard-offer service for up to 20% of the electric load within the service territory of the large investor-owned transmission and distribution utility with which it is affiliated. To prevent the unfair use of information possessed by a large investor-owned transmission and distribution utility, the commission shall ensure that a utility seeking to bid on standard-offer service has no greater access to relevant information than is provided to other potential bidders. [PL 1997, c. 316, §3 (NEW).] D. A consumer-owned transmission and distribution utility and a small investor-owned transmission and distribution utility may submit bids to provide standard-offer service for that utility's service territory. To prevent the unfair use of information possessed by a consumer-owned transmission and distribution utility or a small investor-owned transmission and distribution utility, the commission shall ensure that a utility seeking to bid on standard-offer service has no greater access to relevant information than is provided to other potential bidders. [PL 1997, c. 316, §3 (NEW).] The commission shall adopt rules establishing a methodology for structuring the bidding process for standard-offer service in order to implement the provisions of this subsection. In adopting rules, the commission shall consider methods to ensure, to the extent possible, at least 3 providers of standard-offer service in each transmission and distribution utility service territory, as long as the method does not result in any significant adverse impacts on rates paid by consumers. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A . Notwithstanding any other provision of this Title, the commission may, in the event of a default by a standard-offer service provider, require the transmission and distribution utility in whose service territory the provider was providing standard-offer service to arrange and to provide for default service. Notwithstanding any other provision of this Title, the commission may, in the event that the commission receives no bids to provide standard-offer service in a transmission and distribution utility's territory or the commission determines that the bids it receives are inadequate or unacceptable, require the transmission and distribution utility to arrange and to provide for default service. Notwithstanding any other provision of this Title, the commission may require a transmission and distribution utility to provide default service to its customers that are not located within either the New England independent system operator control area or the Maritimes control area; and default service pursuant to this sentence must be provided to customers at the same price and on the same terms and conditions as standard-offer service is provided to the customers of the transmission and distribution utility in the standard-offer class in which the customer is eligible to receive service. The arrangement and provision of such default service by a transmission and distribution utility does not constitute selling electric energy or capacity at retail for purposes of section 3205, subsection 2 . Notwithstanding Title 5, section 1831 , the commission is not subject to rules adopted by the Chief Procurement Officer in conducting the competitive bidding process required under this section. [PL 2023, c. 516, Pt. B, §50 (AMD).]

3. Price cap; investigation. If the qualifying bids under subsection 2 for standard-offer service in any service territory, when combined with the regulated rates of transmission and distribution service and any stranded costs charge, exceed, on average, the total rate for electricity immediately before the implementation of retail access, the commission shall investigate whether the implementation of retail access remains in the public interest or whether other mechanisms to achieve the public interest and to adequately protect consumer interests need to be put in place. Pursuant to section 3217 , the commission shall notify the Legislature of the results of its investigation and its determination. [PL 1997, c. 316, §3 (NEW).]

4. Implementation period and investigation. Standard-offer service must be available until March 1, 2005. By August 1, 2002, the commission shall begin an investigation to determine whether the continued availability of standard-offer service is necessary and in the public interest and, if so, how best to make such service available after March 1, 2005. The commission shall conclude the investigation by December 1, 2002 and report its results and recommendations to the Legislature pursuant to section 3217 . In its investigation, the commission shall solicit the input of all interested parties and consider the questions in paragraphs A to D in addition to other issues the commission determines appropriate. A. Are the goals of this chapter best fulfilled if standard-offer service ceases altogether on March 1, 2005 or at a date certain after March 1, 2005? [PL 2001, c. 528, §1 (NEW).] B. Should opportunities for retail aggregators be changed to ensure greater participation in competitive markets by residential and small commercial customers, beginning March 1, 2005? [PL 2001, c. 528, §1 (NEW).] C. Beginning March 1, 2005, should any standard-offer provider selected by the commission pursuant to subsection 2 be required to offer at least one standard-offer service that is composed entirely of renewable resources as defined in section 3210 ? [PL 2001, c. 528, §1 (NEW).] D. Should this chapter be amended to enable aggregators, beginning March 1, 2005, automatically to receive by contract, for a term designated in that contract, the designation as competitive electricity provider for all the electric accounts in a given municipality if: (1) That municipality adopts a "negative-option" form of municipal aggregation, following notice and opportunity for hearing, by means of a recorded vote of the municipal officers or the appropriate governing body; and (2) All customers in that municipality reserve the right to leave the municipal aggregation and designate a different provider, in writing, within a time period established by legislative enactment? [PL 2001, c. 528, §1 (NEW).] [PL 2001, c. 528, §1 (AMD).]

4-A. Renewables; hedging. [PL 2005, c. 677, Pt. B, §1 (RP).]

4-B. Demand response and energy efficiency. The commission may incorporate cost-effective demand response, including the use of time-of-use pricing, and energy efficiency into the supply of standard-offer service. The commission shall encourage entities based in this State that are not otherwise either a standard-offer service provider or its affiliate to participate in supplying cost-effective demand response or energy efficiency pursuant to this subsection. [PL 2025, c. 196, §1 (AMD).]

4-C. Authority to establish various contract lengths and terms. For the purpose of providing over a reasonable time period the lowest price for standard-offer service to residential and small commercial customers, the commission, with respect to residential and small commercial standard-offer service, may, in addition to incorporating cost-effective demand response, including the use of time-of-use pricing, and energy efficiency pursuant to subsection 4‑B and to the extent authorized in section 3210‑C , incorporating the energy portion of any contracts entered into pursuant to section 3210‑C , establish various standard-offer service contract lengths and terms. [PL 2025, c. 196, §2 (AMD).]

4-D. Community-based renewable energy. The commission may incorporate energy generated by community-based renewable energy projects as defined in section 3602, subsection 1 into the supply of standard-offer service. The commission shall encourage entities based in this State that are not otherwise either a standard-offer service provider or its affiliate to participate in supplying energy from community-based renewable energy projects pursuant to this subsection. [PL 2009, c. 329, Pt. A, §3 (NEW).]

4-E. Combined heat and power energy. The commission may incorporate energy generated by combined heat and power projects as defined in section 3622, subsection 1 into the supply of standard-offer service. The commission shall encourage entities based in this State that are not otherwise either a standard-offer service provider or its affiliate to participate in supplying energy from combined heat and power projects pursuant to this subsection. [PL 2021, c. 604, §2 (NEW).]

5. Territorial and rate class application. Nothing in this section precludes the commission from permitting or requiring different terms and conditions for standard-offer service in different utility service territories or for different customer classes. [PL 1997, c. 316, §3 (NEW).]

6. Consumer-owned utilities. Notwithstanding any other provision of this section, the commission is not required to conduct a competitive bidding process or select a standard-offer service provider or providers for the territory of a consumer-owned transmission and distribution utility if the consumer-owned transmission and distribution utility chooses one or more standard-offer service providers for its territory through a competitive bidding process conducted in accordance with the commission's rules governing the selection and criteria for approval of a standard-offer service provider, or if the consumer-owned transmission and distribution utility enters into one or more contracts to purchase power at wholesale for the purpose of providing retail generation service within its service territory. Selection of a standard-offer service provider or providers and agreements with or purchases from a standard-offer service provider or providers or other wholesale power supply providers are not subject to the approval requirements of section 3133 or 3133‑A . A consumer-owned transmission and distribution utility may choose a single standard-offer service provider. A consumer-owned transmission and distribution utility that intends to choose a standard-offer service provider or providers, or to enter into a wholesale power purchase contract for the purpose of providing retail generation service within its service territory, in accordance with this subsection shall notify the commission. [PL 2003, c. 141, §2 (AMD).]
35-A M.R.S. § 3132-C — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3132-C
35-A §3132-C. Nonwires alternatives investigation and recommendations
Status: in_force

1. Investigation required. The nonwires alternative coordinator shall conduct an investigation of and make recommendations regarding nonwires alternatives to a wires project under section 3132 , 3132‑A or 3132‑B in accordance with this section. The investigation must be conducted in coordination with the Efficiency Maine Trust. For the purposes of this section, "wires project" means a transmission line and associated infrastructure subject to the requirements of section 3132 , a transmission project or subtransmission project as defined in section 3132‑A or a small transmission project or distribution project covered by section 3132‑B . [PL 2023, c. 355, §11 (AMD).]

2. Investigation methods; benefit-cost analysis. An investigation under subsection 1 must set forth the total projected costs and annual carrying costs of the wires project and the nonwires alternatives over the effective life of the wires project. The investigation must include a benefit-cost analysis that evaluates the cost-effectiveness of nonwires alternatives as compared to the wires project, under which: A. Benefits and costs are measured in net present value; [PL 2019, c. 298, §14 (NEW).] B. Benefits reflect total, quantifiable avoided costs and are calculated from the perspective of the investor-owned transmission and distribution utility and ratepayers, including any deferral value; and [PL 2019, c. 298, §14 (NEW).] C. Costs are calculated from the perspective of the investor-owned transmission and distribution utility. For a nonwires alternative, costs include the utility's cost of any contracts required to deliver the nonwires alternative but do not include any ratepayer contributions to the cost of the nonwires alternative. [PL 2019, c. 298, §14 (NEW).] [PL 2019, c. 298, §14 (NEW).]

3. Data. An investor-owned transmission and distribution utility shall provide data requested by the Public Advocate or the Efficiency Maine Trust, subject to enforcement by the commission, to allow the nonwires alternative coordinator, in conjunction with the trust, to carry out investigation and analysis under this section. The trust shall use utility ratepayer usage data to identify cost-effective nonwires alternatives on the customer side of the meter. An investor-owned transmission and distribution utility may request a protective order if necessary to protect the confidentiality of customer data or critical energy infrastructure information provided under this section in accordance with section 1311‑A . [PL 2023, c. 355, §12 (AMD).]

4. Recommendations. On the basis of the investigation under subsection 1 , the nonwires alternative coordinator shall develop and provide to the commission or to an investor-owned transmission and distribution utility, as appropriate, recommendations regarding cost-effective nonwires alternatives to the wires project, including a proposed plan for procurement of the recommended nonwires alternatives. The proposed procurement plan must be consistent with the provisions of section 3132‑D . [PL 2019, c. 298, §14 (NEW).]
35-A M.R.S. § 117 — ME Code / Title 35-A / Part 1 / Chapter 1 / Section 117
35-A §117. Reimbursement fund
Status: in_force

1. Filing fees expense; reimbursements and payment for services. All money collected by the commission in the form of filing fees, expense reimbursements ordered by the commission or payment for services shall be deposited with the Treasurer of State in an account to be known as the Public Utilities Commission Reimbursement Fund. Services for which the commission receives payment include the reproduction and distribution of copies of commission decisions, agenda and dockets, photocopying and the use of facilities. This account is a continuous carrying account, with appropriate subaccounts, for reimbursement of commission expenses incurred in processing the associated matters or providing the associated services or facilities which generated the filing fee, expense reimbursement or payment. So much of the filing fee, expense reimbursement or payment as may be required by the commission is allocated for these purposes and for the refund of the unexpended portion of the filing fee. [PL 1989, c. 159, §1 (AMD).]

2. State Controller's approval. All payments under this section shall be made to the commission after approval of the State Controller. In no event may the payments exceed the amounts received by the Treasurer of State from the Public Utilities Commission. Upon certification by the administrative director of the commission that certain amounts in the Public Utilities Commission Reimbursement Fund are not required by the commission, the Treasurer of State shall transfer the amounts to the General Fund. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Administrative penalties. Except as provided in this subsection, all administrative penalties collected by the commission must be deposited into the Public Utilities Commission Reimbursement Fund. A. The commission may use amounts collected as administrative penalties and deposited in the Public Utilities Commission Reimbursement Fund to reimburse the commission for additional expenses associated with the enforcement activities that resulted in the collection of the penalty. If the Department of Public Safety, Office of the State Fire Marshal undertakes an investigation of a gas explosion event pursuant to Title 25, section 2394, subsection 1 involving a gas utility or a natural gas pipeline utility subject to the jurisdiction of the commission, the commission, at the request of the State Fire Marshal, may reimburse the Office of the State Fire Marshal for its additional expenses associated with that investigation. [PL 2011, c. 27, §2 (AMD).] B. After deducting any amount used pursuant to paragraph A , the commission may, to the extent practicable and in as equitable and fair a manner as possible, apply administrative penalties, along with any accrued interest, in accordance with this paragraph. The commission shall seek to apply the amount in a manner that benefits those customers affected or potentially affected by the violation, if they can reasonably be identified or, if the commission determines this application of the amount to be impractical or unreasonable, in a manner that benefits the class or group of customers affected or potentially affected by the violation. In order to achieve the purposes of this paragraph, the commission may apply the funds: (1) In the form of a direct payment or credit to the customers or group or class of customers affected or potentially affected by the violation resulting in the administrative penalty; (2) To supplement a low-income assistance or outreach program that the commission determines would benefit customers affected or potentially affected by the violation resulting in the administrative penalty; (3) To supplement the conservation program fund established pursuant to section 10110, subsection 7 ; (4) To supplement the telecommunications education access fund established pursuant to section 7104‑B ; (5) To supplement any other program or fund that the commission determines would benefit customers affected or potentially affected by the violation; or (6) To supplement available funding sources for intervenor and participant funding pursuant to section 1310‑A, subsection 2 . Amounts applied pursuant to this paragraph to supplement an existing program or fund may not result in a reduction in other funding provided for the program or fund unless the reduction is outside the commission's control and the commission finds that application of the penalty amount to the fund or program is the most appropriate use of the penalty and the net effect will be an increase in total funding available to the program or fund. In any final order issued by the commission approving or denying the application of administrative penalties to benefit any person affected or potentially affected by the violation, the commission shall make specific findings of fact supporting the commission's decision, including findings supporting any amount the commission approves as well as findings supporting the commission's denial of amounts requested by any person. [PL 2023, c. 143, §§1-3 (AMD).] [PL 2023, c. 143, §§1-3 (AMD).]

4. Budget approval. The commission shall submit its budget recommendations for the Public Utilities Commission Reimbursement Fund as part of the unified current services budget legislation in accordance with Title 5, sections 1663 to 1666 . [PL 1997, c. 424, Pt. B, §6 (NEW).]
35-A M.R.S. § 3209-G — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3209-G
35-A §3209-G. Net energy billing cost rate year adjustment
Status: in_force

1. Adjustment of net energy billing cost rate year. The commission shall require a transmission and distribution utility to reconcile costs associated with net energy billing under sections 3209‑A and 3209‑B , as determined by the commission, in a rate year to begin on January 1st of each year, starting in 2026. [PL 2025, c. 430, §10 (NEW).]

2. Rules. The commission may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 430, §10 (NEW).]
35-A M.R.S. § 1710 — ME Code / Title 35-A / Part 1 / Chapter 17 / Section 1710
35-A §1710. Restriction
Status: in_force

Unless otherwise provided by law, the duties of the Public Advocate are restricted to those relating to matters within the jurisdiction of the commission. [PL 1987, c. 141, Pt. A, §6 (NEW); PL 1987, c. 490, Pt. C, §6 (AMD).]
35-A M.R.S. § 3209-C — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3209-C
35-A §3209-C. Net energy billing cost recovery
Status: in_force

The commission shall ensure that benefits of distributed generation under net energy billing are reported and net energy billing costs are allocated in accordance with this section. [PL 2023, c. 411, §5 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Benefits of distributed generation under net energy billing" means all benefits determined by the commission to be reasonably attributable to distributed generation projects under sections 3209‑A and 3209‑B, including but not limited to: (1) Avoided energy and capacity costs. In determining avoided energy and capacity costs, the commission shall use reasonable estimates of energy and capacity market prices and account for transmission and distribution line losses. The commission may determine different avoided costs for different time periods, including, but not limited to, peak and off-peak periods and summer and winter periods; (2) Avoided transmission and distribution costs. In determining avoided transmission and distribution costs, the commission shall use estimates of the marginal transmission and distribution costs and may determine different avoided costs for different time periods; (3) Avoided fossil fuel costs. The commission shall determine avoided fossil fuel costs based on estimated reductions in oil, gas or other fossil fuel use and estimated market prices for these fuels; (4) Avoided transmission and distribution line losses; (5) Demand reduction induced price effects; (6) Transmission and distribution plant extensions or upgrades funded by net energy billing customers; and (7) Any other benefits identified by the commission. [RR 2023, c. 2, Pt. A, §55 (COR).] B. "Net energy billing" means net energy billing arrangements under section 3209‑A or 3209‑B . [PL 2023, c. 411, §5 (NEW).] C. "Net energy billing costs" means all legitimate and verifiable costs incurred by a transmission and distribution utility directly attributable to net energy billing. "Net energy billing costs" does not include any costs incurred by a project sponsor as defined in section 3209‑A, subsection 1, paragraph D , a net energy billing customer or any other entity, as determined by the commission by rule. [PL 2023, c. 411, §5 (NEW).] [RR 2023, c. 2, Pt. A, §55 (COR).]

2. Determination of costs and benefits. The commission annually shall determine the net energy billing costs and benefits of distributed generation under net energy billing for the previous year. A. When determining the benefits of distributed generation under net energy billing, the commission shall use any available regional avoided energy supply cost study that the commission finds to be applicable to the determination and has been developed through a transparent process, with input from state agencies, public advocates and utilities or energy efficiency administrators from at least 3 other states in New England. When relevant information specific to this State is not provided in the regional study, the commission may use the regional information in the regional study or information from other sources supported by evidence in the commission's record. [PL 2023, c. 411, §5 (NEW).] B. The commission shall allocate to each investor-owned transmission and distribution utility its pro rata share of net energy billing costs. If the commission finds that a benefit of distributed generation under net energy billing provides a monetized net financial benefit to an investor-owned transmission and distribution utility that the commission does not otherwise account for when setting rates for the utility, the net financial benefit must be applied to offset the net energy billing costs allocated under this paragraph. The allocation must be based on each utility's total retail kilowatt-hour energy sales to ratepayers that pay net energy billing costs. The commission may determine the means to be used for the allocation required under this subsection, and those means may include the direct transfer of funds between transmission and distribution utilities. [PL 2023, c. 411, §5 (NEW).] [PL 2023, c. 411, §5 (NEW).]

3. Reporting of costs and benefits. The commission shall submit an annual report no later than March 31st to the joint standing committee of the Legislature having jurisdiction over utilities matters describing net energy billing costs and benefits of distributed generation under net energy billing determined by the commission under subsection 2 . The report must include, but is not limited to, costs authorized to be collected by transmission and distribution utilities in rates and benefits directly received by ratepayers. The commission shall distinguish costs and benefits that are monetized from costs and benefits that are not monetized. If costs or benefits are monetized, the commission shall specify the entities to which the monetized value accrues, which may include, but are not limited to, electricity customers, electricity supply providers and transmission and distribution utilities. [PL 2023, c. 411, §5 (NEW).]

4. Rules. The commission shall adopt rules necessary to implement this section. Rules adopted by the commission under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 411, §5 (NEW).]
35-A M.R.S. § 5101-A — ME Code / Title 35-A / Part 5 / Chapter 51 / Section 5101-A
35-A §5101-A. Allowance of cross-subsidization; legislative intent
Status: in_force

1. Legislative intent. The Legislature finds that the provision of affordable year-round passenger, freight and vehicle transportation to the islands served by the Casco Bay Island Transit District is critical to the continued existence of these island communities. It is the intent of the Legislature that the regulation of rates for the district allow for reasonable cross-subsidization of rates in order to preserve the affordability of passenger, freight and vehicle transportation for the year-round residents of the affected islands, the financial viability of the district and the viability of the island communities served by the district. [PL 1991, c. 774, §2 (NEW).]

2. Cross-subsidization. In making decisions that require an evaluation of the rates charged by the Casco Bay Island Transit District, the commission shall allow reasonable cross-subsidization of rates in order to preserve the affordability of passenger and freight services for the year-round residents of the affected islands, the financial viability of the district and the viability of the island communities served by the district. In allowing such cross-subsidization, the commission shall attempt to minimize the potential need for governmental operating subsidies for the operations maintained by the district. [PL 1991, c. 774, §2 (NEW).]

3. Competing scheduled service. The commission may not grant an application for a certificate of public convenience and necessity in which the applicant seeks to offer a scheduled passenger, freight or vehicle transportation service currently offered by the Casco Bay Island Transit District if the principal difference in service proposed by the applicant is a proposed or potential reduced rate for that service, unless the applicant proves that the granting of that certificate will not have a significant adverse affect on the revenues of the district. This subsection does not apply to tour or charter service applications. [PL 1991, c. 774, §2 (NEW).]
35-A M.R.S. § 4354 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4354
35-A §4354. Decommissioning fund committee
Status: in_force

1. Establishment of decommissioning fund committee by the licensee. A decommissioning fund committee may be established for a particular nuclear power plant by the licensee operating that plant within one year after July 13, 1982. Upon a finding by the commission that this licensee-established decommissioning fund committee will be able to carry out the responsibilities and duties of subsection 6, that the fund will be managed in accordance with the requirements of section 4355 and that it is in the public interest, the commission may approve establishment of the committee by the licensee. At that time, the Governor may appoint a voting representative on the licensee-established decommissioning fund committee. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Establishment of a public decommissioning fund committee. In the event that the licensee elects not to establish its own decommissioning fund committee, or in the event that the commission fails to approve a decommissioning fund committee proposed by the licensee, or the commission elects to terminate that committee for good cause shown, a public decommissioning fund committee shall be established consisting of 7 members, including: A. The Treasurer of State, who shall act as chair; [RR 2021, c. 1, Pt. B, §426 (COR).] B. A member nominated by the municipal officials of any municipality containing a nuclear power plant; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Four members nominated by the Governor, including 2 from the financial community and 2 from the general public; and [PL 1987, c. 141, Pt. A, §6 (NEW).] D. One member designated by the licensee. [PL 1987, c. 141, Pt. A, §6 (NEW).] [RR 2021, c. 1, Pt. B, §426 (COR).]

3. Terms of public decommissioning fund committee members. Initially, the members appointed by the Governor shall draw lots for terms. There shall be a one-year term, a 2-year term, a 3-year term and a 5-year term. Thereafter, their terms shall be for 5 years. The municipal representative and the licensee's representative shall be named for 5-year terms. In the event of a vacancy, an interim appointment shall be made to fill the unexpired portion of the term. The Treasurer of State shall serve while holding that office. Other members shall serve until their replacements are sworn in. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Compensation. Members of the decommissioning fund committee shall receive compensation and be reimbursed for expenses as determined reasonable by the commission. They shall be paid from the decommissioning trust fund, for which services are rendered or expenses incurred. Members of a licensee-established committee are not entitled to any compensation under this subsection. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Conflict of interest. Except for the licensee's representative and members of a licensee-established decommissioning fund committee, members of the committee shall have no direct or substantial indirect financial interest in any nuclear power plant covered by this subchapter in any company which owns directly or indirectly any portion of a nuclear power plant covered by this subchapter or in any institution involved in managing or handling a decommissioning trust fund. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Responsibilities and duties. Whether established by the licensee or otherwise, a decommissioning fund committee is responsible for the prudent management of the decommissioning trust fund in order to assure that the principal and income which will have accumulated in the fund at the time of closing the nuclear power plant for which it was established will equal the cost established in the decommissioning financing plan approved by the commission. The specific duties of a decommissioning fund committee are to: A. Appoint the trustee; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Approve selection of other financial managers, if any, by the trustee; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Establish investment policy; [PL 1987, c. 141, Pt. A, §6 (NEW).] D. Evaluate investment policy and trustee performance; [PL 1987, c. 141, Pt. A, §6 (NEW).] E. Establish procedures for expenditures from the fund for decommissioning and administrative expenses; and [PL 1987, c. 141, Pt. A, §6 (NEW).] F. Perform other duties it finds necessary to carry out its responsibilities. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]

7. Report; audit. The decommissioning fund committee shall report annually to the Governor, the Legislature and the commission on its activities and the status of the decommissioning trust fund. It shall also report to the owners of any nuclear power plant in the State on its activities relating to that plant and on the status of the associated fund. The report shall contain a breakdown of all administrative expenses. A decommissioning fund committee shall cause an annual audit to be made of each decommissioning trust fund. [PL 1987, c. 141, Pt. A, §6 (NEW).]

8. Separate committee for each plant. There shall be a separate decommissioning fund committee for each nuclear power plant covered by this subchapter. Members may serve on more than one decommissioning fund committee. [PL 1987, c. 141, Pt. A, §6 (NEW).]

9. Modification. In the event and to the extent that it is necessary in order to establish the tax exempt status of payments to or income of the decommissioning trust fund, the decommissioning fund committee shall, subject to the approval of the commission, modify its structure and procedures, including if necessary changing from any licensee-established trust committee established under subsection 1 to a public trust committee established under subsection 2 , provided that no such modification may be contrary to the purpose for which the trust was established under this subchapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 6412 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6412
35-A §6412. Standard districts; authorized to receive government aid, borrow money, issue bonds and notes
Status: in_force

1. Definition. For the purposes of this section, the term "necessary expenses and liabilities" means expenses and liabilities necessary to the operation of a standard district, including, but not limited to: A. Reimbursement to a town for any organizational or other expenses and liabilities incurred by the town on behalf of the district; [PL 1995, c. 616, §10 (NEW).] B. Organizational expenses and liabilities incurred by the district; [PL 1995, c. 616, §10 (NEW).] C. Expenses and liabilities incurred in acquiring properties, paying damages and in laying pipes, mains, aqueducts and conduits; [PL 1995, c. 616, §10 (NEW).] D. Expenses and liabilities incurred in constructing, maintaining and operating a water plant or system; [PL 1995, c. 616, §10 (NEW).] E. Expenses and liabilities incurred in making renewals, additions, extensions and improvements to a water plant or system; and [PL 1995, c. 616, §10 (NEW).] F. Principal and interest payments associated with any of the expenses and liabilities in paragraphs A to E . [PL 1995, c. 616, §10 (NEW).] [PL 1995, c. 616, §10 (NEW).]

2. Authorization. A standard district, through its trustees, in order to pay necessary expenses and liabilities incurred in accordance with the purposes of its incorporation, may receive state and federal aid or grants and may borrow money temporarily and issue for the money its negotiable notes in order to renew and refund the debt created. A standard district, through its trustees, may also issue, in accordance with section 6413 and chapter 9 , bonds, notes or other evidences of indebtedness of the standard district. The trustees shall determine the amount or amounts of the indebtedness, the rate or rates of interest, whether the instrument will be sold at par or at a discount or a premium, the manner of the sale, including whether the sale will be public or private and any other terms and provisions of the offering. The trustees shall determine whether the debt will be issued to mature serially or made to run for a term of years. The standard district's debt instruments may be issued with or without provisions for calling the debt prior to maturity. If the debt is callable, the trustees shall determine whether it will be callable at par or at a premium. [PL 1995, c. 616, §10 (NEW).]

3. Certain requirements concerning indebtedness. All bonds, notes or other evidences of indebtedness must have inscribed upon their face the corporate name of the standard district, as specified in the charter creating the district, and be signed by the treasurer and countersigned by the chair of the board of trustees of the standard district. If coupon bonds are issued, the interest coupon attached to the coupon bonds must bear the facsimile signature of the treasurer. [PL 1995, c. 616, §10 (NEW).]

4. Legal effect; tax exemption; reissue and refund authorization. All bonds, notes and other evidences of indebtedness issued by a standard district in accordance with this section are legal obligations of the standard district within the meaning of Title 30‑A, section 5701 . All bonds, notes and other evidences of indebtedness issued by the standard district are legal investments for savings banks in this State and are exempt from state income tax. A standard district, through its trustees, may refund and reissue, from time to time, in one or in separate series, its bonds, notes and other evidences of indebtedness, and each authorized issue constitutes a separate loan. [PL 1995, c. 616, §10 (NEW).]
35-A M.R.S. § 10103 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10103
35-A §10103. Efficiency Maine Trust
Status: in_force

1. Establishment; purpose. The Efficiency Maine Trust is established for the purposes of developing, planning, coordinating and implementing energy efficiency and alternative energy resources programs in the State to: A. Provide uniform, integrated planning, program design and administration of programs pursuant to this chapter and any other provisions of law administered by the trust; [PL 2009, c. 372, Pt. B, §3 (NEW).] B. Reduce energy costs and improve security of the state and local economies. The trust shall administer cost-effective energy and energy efficiency programs consistent with applicable requirements of this chapter and other law to help individuals and businesses meet their energy needs at the lowest cost and generally to improve the economic security of the State by: (1) Reducing the cost of energy to residents of the State; (2) Maximizing the use of cost-effective weatherization and energy efficiency measures, including measures that improve the energy efficiency of energy-using systems, such as heating and cooling systems and system upgrades to energy efficient systems that rely on affordable energy resources; (3) Reducing economic insecurity from the inefficient use of fossil fuels; (4) Increasing new jobs and business development to deliver affordable energy and energy efficiency products and services; (5) Enhancing heating improvements for households of all income levels through implementation of cost-effective efficiency programs, including weatherization programs and affordable heating systems, that will produce comfort, improve indoor air quality, reduce energy costs for those households and reduce the need for future fuel assistance; (6) Simplifying and enhancing consumer access to technical assistance and financial incentives relating to energy efficiency and the use of alternative energy resources by merging or coordinating dispersed programs under a single administrative unit possessing independent management and expertise; and (7) Using cost-effective energy and energy efficiency investments to reduce greenhouse gas emissions; [PL 2013, c. 369, Pt. A, §3 (RPR).] C. Ensure that all expenditures of the trust are cost-effective in terms of avoided energy costs as provided by rules adopted pursuant to section 10105, subsection 5, paragraph A ; and [PL 2009, c. 518, §7 (AMD).] D. Actively promote investment in cost-effective energy and energy efficiency measures and systems that use energy resources that reduce overall energy costs for consumers in the State. [PL 2013, c. 369, Pt. A, §4 (AMD).] Nothing in this chapter is intended or may be construed to constitute a mandate that would prevent the sale of carbon emission reductions into a voluntary carbon market. [PL 2013, c. 369, Pt. A, §§3, 4 (AMD).]

2. Governance; board. The trust is created as a body corporate and politic and a public instrumentality of the State and is governed by the independent Efficiency Maine Trust Board, established in Title 5, section 12004‑G, subsection 10‑C , in accordance with this section. A. The board consists of the following 9 voting members: (1) The Director of the Governor's Energy Office; (2) The director of the Maine State Housing Authority; and (3) Seven members appointed by the Governor, reviewed by the joint standing committee of the Legislature having jurisdiction over energy matters and approved by the Senate. Among these 7 members must be persons who adequately represent the interests of commercial energy consumers, industrial energy consumers, small business energy consumers, residential energy consumers and low-income energy consumers; among these members must be persons with knowledge of and experience in financial matters and consumer advocacy and who possess substantial management expertise or knowledge of or experience with conservation fund programs, carbon reduction programs or energy efficiency or climate change policy. The requirements of this subparagraph may be met through the appointment of one or more persons who satisfy more than one of the requirements, as long as at any one time the 7 members include among them members who adequately represent the identified interests and who possess the required knowledge, expertise and experience. Appointed trustees serve 3-year terms. If an appointed trustee is unable to complete the term, the Governor shall appoint a replacement for the remainder of the unexpired term. [PL 2013, c. 424, Pt. B, §14 (RPR).] B. The board shall elect a chair, a vice-chair, a secretary and a treasurer from among the members. Each officer serves for a one-year term and is eligible for reelection. [PL 2009, c. 372, Pt. B, §3 (NEW).] C. A majority of the trustees constitutes a quorum. [PL 2009, c. 372, Pt. B, §3 (NEW).] D. The board may elect an executive committee of not fewer than 5 trustees who, in intervals between meetings of the board, may transact such business of the trust as the board may authorize from time to time. [PL 2009, c. 372, Pt. B, §3 (NEW).] [PL 2013, c. 424, Pt. B, §14 (AMD).]

3. Administration of trust; director. The board shall appoint, using a full and competitive search process, a qualified full-time director of the trust. The Director of the Efficiency Maine Trust serves at the pleasure of the board. The director must have demonstrated experience in the planning, design or delivery of energy efficiency programs or the management of organizations that plan, design or deliver those programs. The board shall establish the rate and amount of compensation of the director and all other employees of the trust. The director: A. Serves as the president of the trust and as the liaison between the board and any committee of the Legislature having jurisdiction over energy matters; [PL 2009, c. 372, Pt. B, §3 (NEW).] B. Is responsible for: (1) Establishing an office for the trust; (2) Hiring and organizing staff for the trust and determining their qualifications and duties; and (3) Managing the trust's programs, services and staff and performing other duties as the board considers appropriate; and [PL 2009, c. 372, Pt. B, §3 (NEW).] C. May delegate to employees of the trust any powers and duties that the director considers proper. [PL 2009, c. 372, Pt. B, §3 (NEW).] [PL 2009, c. 372, Pt. B, §3 (NEW).]

4. Program funding. The board may apply for and receive grants from municipal, state, federal and private sources for deposit into appropriate program funds, including funds for both residential and business programs. The board may deposit in appropriate program funds the proceeds of any bonds issued for the purposes of programs administered by the trust. The board may receive and shall deposit in appropriate program funds revenue resulting from any forward capacity market or other capacity payments from a regional transmission organization to promote or to supplement incentives that support beneficial electrification measures that are cost-effective and reliably reduce electricity rates over the life of the measures, including high-performance air source heat pump technology and electric vehicles. The board shall deposit into appropriate program funds revenue transferred to the trust from the energy infrastructure benefits fund pursuant to Title 5, section 282, subsection 9 for use in accordance with subsection 4‑A . The board may also deposit any grants or other funds received by or from any entity with which the trust has an agreement or contract pursuant to this chapter if the board determines that receipt of those funds is consistent with the purposes of this chapter. [PL 2025, c. 45, §1 (AMD).]

4-A. Use of revenues from the energy infrastructure benefits fund. The trust shall use revenues transferred to the trust from the energy infrastructure benefits fund pursuant to Title 5, section 282, subsection 9 : A. To improve the State's economy by pursuing lower energy costs for people, communities and businesses in a manner that will enhance the environment of the State in accordance with the triennial plan. In the expenditure of funds pursuant to this paragraph, the trust may provide grants, loans, programs and incentives. [PL 2023, c. 646, Pt. A, §43 (AMD).] B. [PL 2023, c. 646, Pt. A, §44 (RP).] As part of the annual report required under section 10104, subsection 5 , the director shall report on the use of revenues from the energy infrastructure benefits fund. The report must document the revenues transferred from the energy infrastructure benefits fund to the trust during the most recently completed fiscal year and the current fiscal year and amounts and uses of money expended by the trust in accordance with this subsection during the most recently completed and the current fiscal year. [PL 2023, c. 646, Pt. A, §§43, 44 (AMD).]

5. Administration fund. The board shall establish an administration fund to be used solely to defray administrative costs. The trust may annually deposit funds authorized to be used for administrative costs under this chapter into the administration fund. Any interest on funds in the administration fund must be credited to the administration fund and any funds unspent in any fiscal year must either remain in the administration fund to be used to defray administrative costs or be transferred to program funds. [PL 2009, c. 372, Pt. B, §3 (NEW).]
35-A M.R.S. § 3209-A — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3209-A
35-A §3209-A. Net energy billing
Status: in_force

The commission may adopt or amend rules governing net energy billing. Rules adopted or amended under this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 478, Pt. A, §3 (AMD).]

1. Definitions. As used in this section, the following terms have the following meanings. A. "Customer" means a customer of a transmission and distribution utility in the State. [PL 2019, c. 478, Pt. A, §3 (NEW).] B. "Distributed generation resource" means an electric generating facility that uses a renewable fuel or technology under section 3210, subsection 2, paragraph B‑3 and is located in the service territory of a transmission and distribution utility in the State. [PL 2019, c. 478, Pt. A, §3 (NEW).] C. "Net energy billing" means a billing and metering practice under which a customer is billed on the basis of the difference between the kilowatt‑hours delivered by a transmission and distribution utility to the customer over a billing period and the kilowatt‑hours delivered by the customer to the transmission and distribution utility over the billing period, taking into account accumulated unused kilowatt‑hour credits from the previous billing period. [PL 2019, c. 478, Pt. A, §3 (NEW).] D. "Project sponsor" means an entity or its successor or assignee that solicits customers to participate in a net energy billing arrangement based upon a shared financial interest in a distributed generation resource. [PL 2021, c. 107, §1 (NEW).] [PL 2021, c. 107, §1 (AMD).]

2. Financial interest required. The commission shall allow a customer to participate in net energy billing if the customer has a financial interest in a distributed generation resource or in a generation resource that has a net energy billing arrangement on the effective date of this section, including facility ownership, a lease agreement or a power purchase agreement. [PL 2019, c. 478, Pt. A, §3 (NEW).]

2-A. Billing term length. An amendment, revision or reissuance of a net energy billing agreement made after June 1, 2025 may not include a delivery period end date that is later than the end date provided for in the agreement that is subject to the amendment, revision or reissuance. [PL 2025, c. 430, §1 (NEW).]

3. Shared financial interest for investor-owned utility customers; limitation. Multiple customers of an investor-owned transmission and distribution utility that have distinct billing accounts with that utility may share a financial interest in a distributed generation resource under subsection 2 . Any number of customers of an investor-owned transmission and distribution utility with a shared financial interest in a distributed generation resource may participate in net energy billing, except that the number of eligible customers or meters is limited to 10 for a shared financial interest in a distributed generation resource located in the service territory of an investor-owned transmission and distribution utility located in an area administered by the independent system administrator for northern Maine or any successor of the independent system administrator for northern Maine unless the commission determines that the utility's billing system can accommodate more than 10 accounts or meters for the purpose of net energy billing. [PL 2019, c. 478, Pt. A, §3 (NEW).]

4. System size. The nameplate capacity of a distributed generation resource that may be used for net energy billing must be less than 5 megawatts, except that, if a municipality is the customer participating in net energy billing, the nameplate capacity of a distributed generation resource located in that municipality that may be used for the net energy billing may be 5 megawatts or more, as long as less than 5 megawatts of metered electricity from the resource is used for net energy billing. [PL 2019, c. 478, Pt. A, §3 (NEW).]

5. Consumer protection. To protect customers who participate in or are solicited to participate in a net energy billing arrangement based upon a shared financial interest in a distributed generation resource from fraud or unfair and deceptive business practices, a project sponsor: A. Must obtain a customer's explicit affirmative authorization before serving the customer; [PL 2021, c. 107, §2 (NEW).] B. Must provide to a residential customer such information as the commission may require by rule or order in a standard disclosure form before entering into an agreement with the residential customer to participate in a net energy billing arrangement based upon a shared financial interest in a distributed generation resource; [PL 2021, c. 107, §2 (NEW).] C. Must allow a customer to rescind the customer's decision to participate in a net energy billing arrangement based upon a shared financial interest in a distributed generation resource, as long as the customer requests such rescission orally or in writing within 5 days of the customer's receipt of the first bill or invoice under the arrangement that the customer is responsible for paying in full; [PL 2021, c. 107, §2 (NEW).] D. May not collect or seek to collect unreasonable costs from a customer who is in default; [PL 2021, c. 107, §2 (NEW).] E. Must comply with any other applicable standards or requirements adopted by the commission by rule or order; [PL 2021, c. 107, §2 (NEW).] F. May not release to any other entity, other than for purposes of debt collection or credit reporting pursuant to state and federal law or to law enforcement agencies pursuant to lawful process, any personal information regarding a customer, including name, address, telephone number and usage and historical payment information, without the explicit affirmative consent of the customer; [PL 2021, c. 107, §2 (NEW).] G. Must comply with the Maine Unfair Trade Practices Act; [PL 2021, c. 107, §2 (NEW).] H. Must comply with all applicable provisions of the federal Equal Credit Opportunity Act, 15 United States Code, Sections 1691 to 1691f; and [PL 2021, c. 107, §2 (NEW).] I. Must comply with all federal and state laws, federal regulations and state rules regarding the prohibition or limitation of telemarketing. [PL 2021, c. 107, §2 (NEW).] [PL 2021, c. 107, §2 (NEW).] Revisor's Note: (Subsection 5 as enacted by PL 2021, c. 370, §1 is REALLOCATED TO TITLE 35-A, SECTION 3209-A, SUBSECTION 7)

6. Enforcement. The commission, through its own counsel or through the Attorney General, may apply to the Superior Court of any county of the State to enforce any lawful order made or action taken by the commission pursuant to subsection 5, paragraphs A to E , and the court may issue any preliminary or final order that the court determines proper. The commission may impose administrative penalties under chapter 15 upon a project sponsor and may order restitution for any party injured by a violation for which a penalty may be assessed pursuant to chapter 15 . If the commission has reason to believe a project sponsor has violated subsection 5, paragraphs F to I , the commission shall report this information to the Attorney General for appropriate action. A violation of subsection 5 is a violation of the Maine Unfair Trade Practices Act. [PL 2021, c. 107, §3 (NEW).]

7. Applicability. A distributed generation resource with a nameplate capacity of greater than 2 megawatts and not more than 5 megawatts may be used for net energy billing under this section only if the requirements of paragraph A , B or C are met and all the requirements of paragraphs D and are met. A. In order for a distributed generation resource to be used for net energy billing, one of the following must have been met on or before December 31, 2020: (1) There is a signed interconnection agreement between the entity proposing the development of the distributed generation resource and a transmission and distribution utility governing the connection of the resource to the utility's system and the ongoing operation of the resource after it is connected to the system; or (2) There is a net energy billing agreement between the entity proposing the development of the distributed generation resource and the transmission and distribution utility. An amendment, revision or reissuance of an agreement under this paragraph that occurs after December 31, 2020 may not be interpreted to affect the date on which the initial agreement was signed. [PL 2021, c. 390, §1 (NEW).] B. In order for a distributed generation resource to be used for net energy billing, one of the following must have been met on or before April 30, 2021: (1) A complete application for a customer net energy billing agreement has been submitted for the distributed generation resource and a customer has or customers have financial interest in 90% or more of the capacity of that distributed generation resource; or (2) There is a fully executed net energy billing agreement between a customer or sponsor of the distributed generation resource and the transmission and distribution utility for the distributed generation resource and a customer has or customers have financial interest in 90% or more of the capacity of that distributed generation resource. [PL 2021, c. 390, §1 (NEW).] C. In order for a distributed generation resource to be used for net energy billing, the following must have been met on or before June 1, 2021: (1) The interconnection study process has commenced for a distributed generation resource located in those portions of the service territory of an investor-owned transmission and distribution utility that are not connected to the ISO-NE region as defined in section 1902, subsection 3 . [PL 2021, c. 390, §1 (NEW).] D. In order for a distributed generation resource to be used for net energy billing, all of the following must be met on or before December 31, 2021: (1) There is a fully executed interconnection agreement between the entity proposing the development of the distributed generation resource and the transmission and distribution utility; (2) The entity proposing the development of the distributed generation resource certifies to the commission that the entity has submitted all applicable permit applications to the Department of Environmental Protection and the department has accepted those applications for processing; and (3) The entity proposing the development of the distributed generation resource certifies to the commission that the entity has received all necessary local, nonministerial permits. For purposes of this subparagraph, "nonministerial permit" means a permit for which one or more officials consider various factors and exercise discretion in deciding whether to issue or deny the permit. An amendment, revision or reissuance of an agreement under this paragraph that occurs after December 31, 2021 may not be interpreted to affect the date on which the agreement was initially executed. [PL 2021, c. 390, §1 (NEW).] E. In order for a distributed generation resource to be used for net energy billing, the following must be met on or before December 31, 2024: (1) The proposed distributed generation resource must reach commercial operation by the date specified in the net energy billing agreement or by the date specified with an allowable modification to that agreement. [PL 2021, c. 390, §1 (NEW).] An entity proposing the development of a distributed generation resource that does not meet one or more of the requirements of this subsection may petition the commission for a good-cause exemption due to external delays outside of the entity's control, which the commission may grant if it finds that, without the external delays, the entity could reasonably have been expected to meet the requirements. The goal for development of commercially operational distributed generation resources under this subsection and section 3209‑B, subsection 7 is 750 total megawatts. [PL 2021, c. 659, §17 (AMD).] Revisor's Note: (Subsection 7 as enacted by PL 2021, c. 370, §1 and reallocated by RR 2021, c. 1, Pt. A, §37 is REALLOCATED TO TITLE 35-A, SECTION 3209-A, SUBSECTION 8)

8. (REALLOCATED FROM T. 35-A, §3209-A, sub-§7) Unused kilowatt-hour credits; rules. To the extent rules adopted under this section provide for the periodic expiration of unused kilowatt-hour credits accumulated by a customer participating in a net energy billing arrangement, the commission shall require by rule that each transmission and distribution utility with a net energy billing arrangement shall account for and, on or before April 1st of each year, remit the value of all unused kilowatt-hour credits that were accumulated and that expired during the prior calendar year to the administrators of the statewide low-income assistance plan and the individual low-income assistance programs as designated by the commission by rules adopted pursuant to section 3214, subsection 2 for the benefit of individuals receiving low‑income assistance in accordance with those rules. The rules adopted by the commission pursuant to this subsection must: A. Establish the manner by which a transmission and distribution utility must account for unused kilowatt-hour credits that were accumulated by all customers of the utility with net energy billing arrangements during the prior calendar year and that expired during the prior calendar year; [PL 2025, c. 50, §1 (AMD).] B. Establish the manner by which a transmission and distribution utility must remit the value of the unused and expired kilowatt‑hour credits; and [PL 2025, c. 50, §1 (AMD).] C. Identify the manner by which the transmission and distribution utility must report to the commission information regarding the number of unused kilowatt-hour credits that were accumulated by all customers of the utility with net energy billing arrangements during the prior calendar year and that expired during the prior calendar year and the monetary value of those credits. [PL 2025, c. 50, §1 (NEW).] Notwithstanding any provision of this section to the contrary, rules adopted by the commission pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 50, §1 (AMD).]

9. Applicability to projects between one megawatt and 2 megawatts. A distributed generation resource with a nameplate capacity of at least one megawatt and not more than 2 megawatts may be used for net energy billing under this section only if the requirements of paragraph A are met. A. On or before December 31, 2024, the proposed distributed generation resource must reach commercial operation by the date specified in the net energy billing agreement or by the date specified with an allowable modification to that agreement. [PL 2023, c. 411, §2 (NEW).] An entity proposing the development of a distributed generation resource that does not meet the requirement of this subsection may petition the commission for a good-cause exemption due to external delays outside of the entity's control, which the commission may grant if it finds that without the external delays the entity could reasonably have been expected to meet the requirement. [PL 2023, c. 411, §2 (NEW).]

10. Applicability; net energy billing agreement. After December 31, 2025, the commission may not allow a transmission and distribution utility to enter into a net energy billing agreement with a distributed generation resource that is interconnected or planned to be interconnected to the distribution grid on the utility side of a customer's utility meter. [PL 2025, c. 430, §2 (NEW).]

11. Distributed energy resource program. Notwithstanding any provision of this section to the contrary, after December 31, 2025, the commission may not allow a transmission and distribution utility to enter into a net energy billing agreement with a distributed generation resource that is interconnected or planned to be interconnected to the distribution grid on the utility side of a customer's utility meter. [PL 2025, c. 430, §3 (NEW).]
35-A M.R.S. § 8701 — ME Code / Title 35-A / Part 7 / Chapter 87 / Section 8701
35-A §8701. Findings
Status: in_force

The Legislature finds and declares that it is in the public interest to establish an effective statewide system to provide continuous telecommunications relay services to facilitate communication between deaf, hard-of-hearing or speech impaired persons who use telecommunications devices for the deaf and persons using standard telephone equipment. [PL 2009, c. 68, §5 (AMD).]
35-A M.R.S. § 3737 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3737
35-A §3737. Board of trustees
Status: in_force

1. Number and qualifications. A board of not less than 5 trustees shall manage the business of a cooperative. Each trustee shall be a member of the cooperative or of another cooperative which is a member of the cooperative. The bylaws shall prescribe the number of trustees, their qualifications, other than those prescribed in this chapter, the manner of holding meetings of the board of trustees and of electing successors to trustees and of electing successors to trustees who resign, die or otherwise become incapable of acting. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Removal and salaries. The bylaws may provide for the removal of trustees from office and for the election of their successors. Trustees may not receive any salaries for their services as trustees and, except in emergencies, may not be employed by the cooperative in any capacity involving compensation without the approval of the members. The bylaws may provide that a fixed fee and expenses of attendance be allowed to each trustee for attendance at each meeting of the board of trustees. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Term of office. The trustees of a cooperative named in the articles of incorporation or conversion hold office until the next annual meeting of the members and until their successors are elected and qualify. At each annual meeting or, in case of failure to hold the annual meeting as specified in the bylaws, at a special meeting called for that purpose, the members shall elect trustees to hold office until the next annual meeting of the members, except as otherwise provided in this chapter. Each trustee holds office for the term for which that trustee is elected and until that trustee's successor is elected and qualified. [RR 2021, c. 1, Pt. B, §417 (COR).]

4. Staggered terms. Instead of electing the whole number of trustees annually, the bylaws may provide that the trustees be divided into either 2 or 3 classes, each class to be as nearly equal as possible. The term of office of trustees of the first class shall expire at the first annual meeting of members after their election, that of the 2nd class shall expire at the 2nd annual meeting after their election and that of the 3rd class, if any, shall expire at the 3rd annual meeting after their election. At each annual meeting after classification, the number of trustees equal to the number of the class whose term expires at the time of the meeting shall be elected to hold office until the 2nd succeeding annual meeting, if there are 2 classes, or until the 3rd succeeding annual meeting, if there are 3 classes. No classification of trustees may be effective prior to the first annual meeting of members. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Quorum. A majority of the board of trustees shall constitute a quorum. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Joint membership. If 2 or more individuals hold a joint membership in a cooperative, only one of them, may be elected a trustee. [PL 1987, c. 141, Pt. A, §6 (NEW).]

7. Powers. The board of trustees may exercise all of the powers of a cooperative not conferred upon the members by this chapter or its articles of incorporation or bylaws. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3210 — ME Code / Title 35-A / Part 3 / Chapter 32 / Section 3210
35-A §3210. Renewable resources
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Policy. In order to ensure an adequate and reliable supply of electricity for Maine residents and to encourage the use of renewable, clean, efficient and indigenous resources, it is the policy of this State to encourage the generation of electricity from renewable, clean and efficient sources and to diversify electricity production on which residents of this State rely in a manner consistent with this section. [PL 2025, c. 386, §1 (AMD).]

1-A. State goals for consumption of electricity from renewable resources. The State's goals for increasing consumption of electricity in the State that comes from renewable resources are as follows: A. By January 1, 2030, 80% of retail sales electricity in the State will come from renewable resources; and [PL 2019, c. 477, §1 (NEW).] B. By January 1, 2040, 90% of retail sales electricity in the State will come from renewable resources and 10% of retail sales electricity in the State will come from clean resources. [PL 2025, c. 386, §2 (AMD).] [PL 2025, c. 386, §2 (AMD).]

2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Efficient resource" means a source of electrical generation that: (1) Qualifies as a qualifying cogeneration facility under the Federal Energy Regulatory Commission rules, 18 Code of Federal Regulations, Part 292, Subpart B, as in effect on January 1, 1997, was constructed prior to January 1, 1997 and meets the following efficiency standard: (a) During any calendar year, the sum of the useful power output and the useful thermal energy output of the facility is no less than 60% of the total energy input to the facility. For purposes of this paragraph, the term "useful power output" means the electrical or mechanical energy made available for use, exclusive of any energy used in the power production process. For purposes of this paragraph, the term "useful thermal energy" means heat energy made available to an industrial or commercial process, net of any heat contained in condensate return and makeup water, used in a heating application or used in a space cooling application. [PL 2019, c. 477, §1 (AMD).] A-1. "Alternative compliance payment rate" means a certain dollar amount per kilowatt-hour set by the commission that a competitive electricity provider may pay to the commission to satisfy the portfolio requirements of subsections 3‑A , 3‑B and 3‑C . [PL 2019, c. 477, §1 (AMD).] A-2. "Class I resource" means a new renewable capacity resource. [PL 2019, c. 477, §1 (NEW).] A-3. "Class IA resource" means a Class I resource other than a Class I resource that for at least 2 years was not operated or was not recognized by the New England independent system operator as a capacity resource and, after September 1, 2005, resumed operation or was recognized by the New England independent system operator as a capacity resource. [PL 2019, c. 477, §1 (NEW).] A-4. "Class III resource" or "clean resource" means a source of generation that generates power that can physically be delivered to the control region in which the New England Power Pool, or its successor as approved by the Federal Energy Regulatory Commission, has authority over transmission, or to the Maritimes Control Area and: (1) Is a Class I resource or a Class IA resource; (2) Relies on a nuclear power plant or hydroelectric generator that meets all state and federal fish passage requirements applicable to the generator; or (3) Generates electric energy in a manner that, as determined by the Department of Environmental Protection, produces no more than a de minimis level of net greenhouse gas emissions and co-pollutant emissions at the point of generation and from the fuel supply chain of the facility and has been certified by the Governor's Energy Office in accordance with rules adopted by the Department of Environmental Protection in accordance with this subsection. [PL 2025, c. 386, §3 (NEW).] A-5. "Clean energy credit" means a tradable instrument that represents an amount of electricity generated from an eligible Class III resource. [PL 2025, c. 386, §4 (NEW).] B. "Eligible resource" or "Class II resource" means a source of electrical generation that: (1) Generates power that can physically be delivered to the control region in which the New England Power Pool, or its successor as approved by the Federal Energy Regulatory Commission, has authority over transmission, or to the Maritimes Control Area; and (2) Is either a renewable resource or an efficient resource. [PL 2019, c. 477, §1 (AMD).] B-1. [PL 2009, c. 542, §1 (RP).] B-2. "Renewable energy credit" means a tradable instrument that represents an amount of electricity generated from eligible resources or renewable capacity resources. [PL 2009, c. 542, §2 (AMD).] B-3. "Renewable capacity resource" means a source of electrical generation: (1) Whose total power production capacity does not exceed 100 megawatts and relies on one or more of the following: (a) Fuel cells; (b) Tidal power; (d) Geothermal installations; (e) Hydroelectric generators that meet all state and federal fish passage requirements applicable to the generator; (f) Biomass generators that are fueled by wood, wood waste or landfill gas; or (g) Anaerobic digestion of by-products of waste from animals or agricultural crops, food or vegetative material, algae or organic refuse; or (2) That relies on wind power installations or solar power installations. [PL 2019, c. 477, §1 (AMD).] B-4. "New" as applied to a renewable capacity resource means qualified hydroelectric output or a renewable capacity resource that: (1) Has an in-service date after September 1, 2005; (2) Was added to an existing facility after September 1, 2005; (3) For at least 2 years was not operated or was not recognized by the New England independent system operator as a capacity resource and, after September 1, 2005, resumed operation or was recognized by the New England independent system operator as a capacity resource. For the purposes of this subparagraph, "capacity resource" has the same meaning as in section 3210‑C, subsection 1, paragraph A ; or (4) Was refurbished after September 1, 2005 and received certification from the commission: (a) Before September 1, 2019 that it is operating beyond its previous useful life or is employing an alternate technology that significantly increases the efficiency of the generation process; or (b) On or after September 1, 2019 that it is operating beyond its previous useful life as evidenced by a finding that the facility would be reasonably likely to cease operation if not for substantial capital investment made after September 1, 2018, except for capital investment required to meet state and federal fish passage standards. For the purposes of this subparagraph, "refurbished" means an investment has been made in equipment or facilities, other than for routine maintenance and repair, to renovate, reequip or restore the renewable capacity resource. [PL 2019, c. 477, §1 (AMD).] B-5. "Qualified hydroelectric output" means the following annual percentages of the total electrical output of a hydroelectric generator licensed by the Federal Energy Regulatory Commission that is a renewable capacity resource and that on January 1, 2019 had a total nameplate capacity of at least 25 megawatts, as specified in the license issued by the Federal Energy Regulatory Commission, is located outside of the historic freshwater range of the Gulf of Maine distinct population segment of Atlantic salmon as defined by the National Oceanic and Atmospheric Administration, National Marine Fisheries Service in 74 Federal Register, 29299 (2009) and 29343 (2009), and is interconnected to an electric distribution system located in the State: (1) In 2020, 40%, not to exceed an aggregate of 200,000 megawatt-hours for all qualified hydroelectric output; (2) In 2021, 50%, not to exceed an aggregate of 250,000 megawatt-hours for all qualified hydroelectric output; (3) In 2022, 60%, not to exceed an aggregate of 300,000 megawatt-hours for all qualified hydroelectric output; (4) In 2023, 70%; (5) In 2024, 80%; (6) In 2025, 90%; and (7) In 2026 and each year thereafter, 100%. [PL 2019, c. 477, §1 (NEW).] C. "Renewable resource" means a source of electrical generation: (1) That qualifies as a small power production facility under the Federal Energy Regulatory Commission rules, 18 Code of Federal Regulations, Part 292, Subpart B, as in effect on January 1, 1997; or (2) Whose total power production capacity does not exceed 100 megawatts and that relies on one or more of the following: (a) Fuel cells; (b) Tidal power; (c) Solar arrays and installations; (d) Wind power installations; (e) Geothermal installations; (f) Hydroelectric generators; (g) Biomass generators that are fueled by wood or wood waste, landfill gas or anaerobic digestion of agricultural products, by-products or wastes; or (h) Generators fueled by municipal solid waste in conjunction with recycling. [PL 2009, c. 542, §5 (AMD).] D. "Thermal energy" means heat, steam, hot water or another form of thermal energy: (1) Produced directly by a facility using sunlight, biomass, biogas or liquid biofuel or produced as a byproduct of electricity generated by a Class I or Class IA resource; (2) That begins operation after June 30, 2019, as certified by the commission; (3) Delivered to an end user in the State in a manner that can be verified by metering or other means certified by the commission to allow for auditable validation of useful thermal energy generated; (4) Used for heating, cooling, humidity control, process use or other end use to meet a need of the end user that would otherwise be met using another energy source such as electricity or an on-site thermal energy system; and (5) Generated or delivered in accordance with any efficiency performance standards established by the commission. [PL 2019, c. 477, §1 (NEW).] E. "Thermal renewable energy credit" means a tradable instrument that represents an amount of thermal energy equivalent to a unit of electricity. A thermal renewable energy credit of one megawatt represents 3,412,000 British thermal units of thermal energy, as verified by the commission. [PL 2019, c. 477, §1 (NEW).] The commission shall establish by rule or order standards and procedures necessary to implement any definition under this subsection, including but not limited to certifications and performance and verification standards necessary for purposes of paragraphs B‑4 , D and E , and excluding paragraphs A‑4 and A‑5 . Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . The Department of Environmental Protection, in coordination with the Governor's Energy Office, shall establish by rule standards and procedures necessary to implement the definition under paragraph A‑4 and verification standards necessary for purposes of paragraph A‑5 . Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 386, §§3-6 (AMD).]

3. Portfolio requirements; Class II resources. As a condition of licensing pursuant to section 3203 , each competitive electricity provider in this State must demonstrate in a manner satisfactory to the commission that no less than 30% of its portfolio of supply sources for retail electricity sales in this State is accounted for by Class II resources. If a competitive electricity provider represents to a customer that the provider is selling to the customer a portfolio of supply sources that includes more than 30% Class II resources, the resources necessary to supply more than 30% of that customer's load may not be applied to meet the aggregate 30% portfolio requirement. Rules adopted under this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter 2‑A . A. (TEXT EFFECTIVE UNTIL 1/1/27) (TEXT REPEALED 1/1/27) For the purposes of meeting the portfolio requirement under this subsection, a 300% multiplier is applied to the output of a generator fueled by municipal solid waste in conjunction with recycling that has obtained a solid waste facility license from the Department of Environmental Protection. This paragraph is repealed January 1, 2027. [PL 2023, c. 361, §1 (AMD).] [PL 2023, c. 361, §1 (AMD).]

3-A. Portfolio requirements; Class I resources. Portfolio requirements for Class I resources are governed by this subsection. A. Except as provided in paragraph B , beginning January 1, 2008, as a condition of licensing pursuant to section 3203 , each competitive electricity provider in this State must demonstrate in a manner satisfactory to the commission that the percentage of its portfolio of supply sources for retail electricity sales in this State accounted for by Class I resources is as follows: (1) One percent for the period from January 1, 2008 to December 31, 2008; (2) Two percent for the period from January 1, 2009 to December 31, 2009; (3) Three percent for the period from January 1, 2010 to December 31, 2010; (4) Four percent for the period from January 1, 2011 to December 31, 2011; (5) Five percent for the period from January 1, 2012 to December 31, 2012; (6) Six percent for the period from January 1, 2013 to December 31, 2013; (7) Seven percent for the period from January 1, 2014 to December 31, 2014; (8) Eight percent for the period from January 1, 2015 to December 31, 2015; (9) Nine percent for the period from January 1, 2016 to December 31, 2016; and (10) Ten percent for the period from January 1, 2017 to December 31, 2022 and each year thereafter. Class I resources used to satisfy the requirements of this paragraph may not be used to satisfy the requirements of subsection 3 or 3‑B . [PL 2019, c. 477, §1 (AMD).] B. Suspensions of scheduled increases in the portfolio requirements as provided in paragraph A are governed by this paragraph. (1) If by March 31st of the years 2010, 2012, 2014 and 2016 the commission determines that investment in Class I resources in the preceding 2 calendar years has not been sufficient for competitive electricity providers to meet the portfolio requirements under paragraph A and that the resulting use of renewable energy credits pursuant to subsection 8 or the alternative compliance payment mechanism pursuant to subsection 9 , or both of these methods, has burdened electricity customers in the State without providing the benefits of Class I resources, the commission may suspend all or some of the future scheduled increases in the portfolio requirements under paragraph A . (2) If the commission finds that alternative compliance payments are made pursuant to subsection 9 in 3 consecutive calendar years, the commission shall temporarily suspend all or some of the future scheduled increases in the portfolio requirements under paragraph A . (3) If the commission suspends any scheduled increases in the portfolio requirements under paragraph A pursuant to subparagraph (1) or (2), the commission may resume increases, limited to no more than one percentage point per year over the previous year, in the portfolio requirements after a minimum of one year. [PL 2019, c. 477, §1 (AMD).] C. No later than March 31, 2008 and annually thereafter, the commission shall submit a report regarding the status of Class I resources in the State and compliance with the portfolio requirements under paragraph A to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters. The report must include, but is not limited to, a description of Class I resources available to meet the portfolio requirements under paragraph A , documentation of the loss of any existing renewable generation capacity in the State, the status of implementation of the portfolio requirements under paragraph A , including any suspensions pursuant to paragraph B , and recommendations to stimulate investment in Class I resources. [PL 2019, c. 477, §1 (AMD).] D. Retail electricity sales pursuant to a supply contract or standard-offer service arrangement executed by a competitive electricity provider that is in effect on the effective date of this subsection is exempt from the requirements of this subsection until the end date of the current term of the supply contract or standard-offer service arrangement. [PL 2007, c. 403, §4 (NEW).] The commission shall adopt rules to implement this subsection. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 477, §1 (AMD).]

3-B. Portfolio requirements; Class IA resources. Portfolio requirements for Class IA resources are governed by this subsection. A. Except as provided in paragraph B , beginning January 1, 2020, as a condition of licensing pursuant to section 3203 , each competitive electricity provider in this State must demonstrate in a manner satisfactory to the commission that the percentage of its portfolio of supply sources for retail electricity sales in this State, other than to customers who have made an election pursuant to subsection 10 that is in effect with respect to this subsection, accounted for by Class IA resources is as follows: (1) Two and one-half percent for the period from January 1, 2020 to December 31, 2020; (2) Five percent for the period from January 1, 2021 to December 31, 2021; (3) Eight percent for the period from January 1, 2022 to December 31, 2022; (4) Eleven percent for the period from January 1, 2023 to December 31, 2023; (5) Fifteen percent for the period from January 1, 2024 to December 31, 2024; (6) Nineteen percent for the period from January 1, 2025 to December 31, 2025; (7) Twenty-three percent for the period from January 1, 2026 to December 31, 2026; (8) Twenty-seven percent for the period from January 1, 2027 to December 31, 2027; (9) Thirty-one percent for the period from January 1, 2028 to December 31, 2028; (10) Thirty-five percent for the period from January 1, 2029 to December 31, 2029; (11) Forty percent for the period from January 1, 2030 to December 31, 2030; (12) Forty-one percent for the period from January 1, 2031 to December 31, 2031; (13) Forty-two percent for the period from January 1, 2032 to December 31, 2032; (14) Forty-three percent for the period from January 1, 2033 to December 31, 2033; (15) Forty-four percent for the period from January 1, 2034 to December 31, 2034; (16) Forty-five percent for the period from January 1, 2035 to December 31, 2035; (17) Forty-six percent for the period from January 1, 2036 to December 31, 2036; (18) Forty-seven percent for the period from January 1, 2037 to December 31, 2037; (19) Forty-eight percent for the period from January 1, 2038 to December 31, 2038; (20) Forty-nine percent for the period from January 1, 2039 to December 31, 2039; and (21) Fifty percent for the period from January 1, 2040 to December 31, 2040 and each year thereafter. Class IA resources used to satisfy the requirements of this paragraph may not be used to satisfy the requirements of subsection 3 , 3‑A or 3‑D . [PL 2025, c. 386, §7 (AMD).] B. Suspensions of scheduled increases in the portfolio requirements as provided in paragraph A are governed by this paragraph. (1) If by March 31st of the year 2022 and every 2 years thereafter the commission determines that investment in Class IA resources in the preceding 2 calendar years has not been sufficient for competitive electricity providers to meet the portfolio requirements under paragraph A and that the resulting use of renewable energy credits pursuant to subsection 8 or the alternative compliance payment mechanism pursuant to subsection 9 , or both of these methods, has burdened electricity customers in the State without providing the benefits of new Class IA resources, the commission may suspend all or some of the future scheduled increases in the portfolio requirements under paragraph A . (2) If the commission finds that more than 10% of the obligations required to satisfy the portfolio requirements for Class IA resources under paragraph A are met through alternative compliance payments made pursuant to subsection 9 in 3 consecutive calendar years, the commission shall temporarily suspend all or some of the future scheduled increases in the portfolio requirements under paragraph A . (3) If the commission suspends any scheduled increases in the portfolio requirements under paragraph A pursuant to subparagraph (1) or (2), the commission shall report its rationale for suspension to the joint standing committee of the Legislature having jurisdiction over energy and utilities matters, the Governor's Energy Office and the Office of the Public Advocate and make recommendations for modifications to the schedule of increases. The commission may resume increases, limited to no more than one percentage point per year over the previous year, in the portfolio requirements after a minimum of one year unless otherwise directed by the Legislature. [PL 2019, c. 477, §1 (NEW).] C. No later than March 31, 2021 and annually thereafter, the commission shall submit a report regarding the status of Class IA resources in the State and compliance with the portfolio requirements under paragraph A to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters. The report must include, but is not limited to, a description of Class IA resources available to meet the portfolio requirements under paragraph A , documentation of the loss of any existing renewable generation capacity in the State, the status of implementation of the portfolio requirements under paragraph A , including any suspensions pursuant to paragraph B , and recommendations to stimulate investment in Class IA resources. If the commission has reliable information about benefits and costs of the portfolio requirements under paragraph A , over both the short and long terms with respect to the State's economy, environmental quality or electricity consumers, the commission shall include that information in the report. The report required under this paragraph may be submitted in conjunction with the report required under subsection 3‑A, paragraph C . [PL 2019, c. 477, §1 (NEW).] D. Retail electricity sales pursuant to a supply contract or standard-offer service arrangement executed by a competitive electricity provider that is in effect on the effective date of this subsection are exempt from the requirements of this subsection until the end date of the existing term of the supply contract or standard-offer service arrangement. [PL 2019, c. 477, §1 (NEW).] The commission shall adopt rules to implement this subsection. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 386, §7 (AMD).]

3-C. Portfolio requirements; thermal renewable energy credits. Each competitive electricity provider must, in addition to meeting the other portfolio requirements of subsections 3 , 3‑A and 3‑B , demonstrate in a manner satisfactory to the commission that it has purchased thermal renewable energy credits in an amount at least equal to the following percentages of its portfolio of supply sources for retail electricity sales in this State other than to customers who have made an election pursuant to subsection 10 that is in effect with respect to this subsection: A. For calendar year 2021, 0.4%; [PL 2019, c. 477, §1 (NEW).] B. For calendar year 2022, 0.8%; [PL 2019, c. 477, §1 (NEW).] C. For calendar year 2023, 1.2%; [PL 2019, c. 477, §1 (NEW).] D. For calendar year 2024, 1.6%; [PL 2019, c. 477, §1 (NEW).] E. For calendar year 2025, 2%; [PL 2019, c. 477, §1 (NEW).] F. For calendar year 2026, 2.4%; [PL 2019, c. 477, §1 (NEW).] G. For calendar year 2027, 2.8%; [PL 2019, c. 477, §1 (NEW).] H. For calendar year 2028, 3.2%; [PL 2019, c. 477, §1 (NEW).] I. For calendar year 2029, 3.6%; and [PL 2019, c. 477, §1 (NEW).] J. For calendar year 2030, and each year thereafter, 4%. [PL 2019, c. 477, §1 (NEW).] Retail electricity sales pursuant to a supply contract or standard-offer service arrangement executed by a competitive electricity provider that is in effect on September 19, 2019 are exempt from the requirements of this subsection until the end date of the existing term of the supply contract or standard-offer service arrangement. [PL 2019, c. 576, §1 (AMD).]

3-D. Portfolio requirements; Class III resources. Portfolio requirements for Class III resources are governed by this subsection. A. As a condition of licensing pursuant to section 3203 , each competitive electricity provider in the State must demonstrate in a manner satisfactory to the commission that the percentage of its portfolio of supply sources for retail electricity sales in the State accounted for by Class III resources is as follows: (1) For calendar year 2031, 1%; (2) For calendar year 2032, 2%; (3) For calendar year 2033, 3%; (4) For calendar year 2034, 4%; (5) For calendar year 2035, 5%; (6) For calendar year 2036, 6%; (7) For calendar year 2037, 7%; (8) For calendar year 2038, 8%; (9) For calendar year 2039, 9%; and (10) For calendar year 2040, and each year thereafter, 10%. Retail electricity sales pursuant to a supply contract or standard-offer service arrangement executed by a competitive electricity provider that is in effect on September 30, 2025 are exempt from the requirements of this subsection until the end date of the existing term of the supply contract or standard-offer service arrangement. Class I or IA resources used to satisfy the requirements of this paragraph may not be used to satisfy the requirements of subsection 3 or 3‑A . [PL 2025, c. 386, §8 (NEW).] B. Suspensions of scheduled increases in the portfolio requirements as provided in paragraph A are governed by this paragraph. (1) If by March 31, 2031 and every 2 years thereafter the commission determines that investment in Class III resources in the preceding 2 calendar years has not been sufficient for competitive electricity providers to meet the portfolio requirements under paragraph A and that the resulting use of clean energy credits pursuant to subsection 8 or the alternative compliance payment mechanism pursuant to subsection 9 , or both of these methods, has burdened electricity customers in the State without providing the benefits of new Class III resources, the commission may suspend all or some of the future scheduled increases in the portfolio requirements under paragraph A . (2) If the commission finds that more than 10% of the obligations required to satisfy the portfolio requirements for Class III resources under paragraph A are met through alternative compliance payments made pursuant to subsection 9 in 3 consecutive calendar years, the commission shall temporarily suspend all or some of the future scheduled increases in the portfolio requirements under paragraph A . (3) If the commission suspends any scheduled increases in the portfolio requirements under paragraph A pursuant to subparagraph (1) or (2), the commission shall report its rationale for suspension to the joint standing committee of the Legislature having jurisdiction over energy and utilities matters, the Governor's Energy Office and the Office of the Public Advocate and make recommendations for modifications to the schedule of increases. The commission may resume increases, limited to no more than one percentage point per year over the previous year, in the portfolio requirements after a minimum of one year unless otherwise directed by the Legislature. [PL 2025, c. 386, §8 (NEW).] C. No later than March 31, 2027 and annually thereafter, the commission shall submit a report regarding the status of Class III resources in the State and compliance with the portfolio requirements under paragraph A to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters. The report must include, but is not limited to, a description of Class III resources available to meet the portfolio requirements under paragraph A , documentation of the loss of any existing clean generation capacity in the State, the status of implementation of the portfolio requirements under paragraph A , including any suspensions pursuant to paragraph B , and recommendations to stimulate investment in Class III resources. [PL 2025, c. 386, §8 (NEW).] The commission shall adopt rules to implement this subsection. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 386, §8 (NEW).]

4. Report. [PL 2019, c. 477, §1 (RP).]

5. Funding for research and development; community demonstration projects. [PL 2009, c. 565, §1 (RPR); MRSA T. 35-A §3210, sub-§5 (RP).]

6. Fund. [PL 2009, c. 565, §2 (RP); PL 2009, c. 565, §9 (AFF).]

6-A. Renewable Resource Fund report. [PL 2009, c. 565, §3 (RP); PL 2009, c. 565, §9 (AFF).]

7. Information. To the extent that funding is available, the commission shall inform electricity consumers in this State of the benefits of electricity generated in this State using renewable and clean resources and of the opportunities available in this State to purchase electricity that is generated using those resources, including, but not limited to, the green power offer and other green power supply products and renewable energy credit and clean energy credit products certified under section 3212‑B . The commission may not promote any renewable or clean resources over others. The commission may apply for, receive and expend grant money from the United States Department of Energy and other government agencies for this purpose. The commission may create or cause to be created a brand or logo to identify Maine renewable and clean resources, including the green power offer and other green power supply products and renewable energy credit and clean energy credit products certified under section 3212‑B , to consumers. The commission shall register any mark or logo created pursuant to this subsection with the United States Patent and Trademark Office or in accordance with Title 10, chapter 301‑A , or both. Any brand or logo created pursuant to this subsection may only be used in accordance with the purposes of this subsection as approved by the commission. [PL 2025, c. 386, §9 (AMD).]

8. Credit trading. The commission shall allow competitive electricity providers to satisfy the portfolio requirements of subsections 3 , 3‑A , 3‑B , 3‑C and 3‑D through the use of renewable energy credits and clean energy credits if the commission determines that a reliable system of electrical attribute trading exists. When renewable energy credits are used to satisfy the portfolio requirements of subsections 3 and 3‑A , the value of a renewable energy credit for electricity generated by a community-based renewable energy project, as defined in section 3602 , that is participating in the community-based renewable energy pilot program established in section 3603 and elects the renewable energy credit multiplier under section 3605 is 150% of the amount of the electricity. [PL 2025, c. 386, §10 (AMD).]

9. Alternative compliance payment. The commission shall allow competitive electricity providers to satisfy the portfolio requirements for Class I resources under subsection 3‑A , Class IA resources under subsection 3‑B , thermal renewable energy credits under subsection 3‑C , Class II resources under subsection 3 and Class III resources under subsection 3‑D through an alternative compliance payment mechanism in accordance with this subsection. A. The commission shall set the alternative compliance payment rates by rule and shall publish the alternative compliance payment rates by January 31st of each year. In setting the rates, the commission shall take into account prevailing market prices, standard-offer service prices for electricity, alignment with other New England states, reliance on alternative compliance payments to meet the requirements of subsections 3 , 3‑A , 3‑B , 3‑C and 3‑D and investment in Class I, Class IA, Class II and Class III resources and thermal renewable energy credits in the State during the previous calendar year. (1) The alternative compliance payment rate for the requirements under subsections 3‑A , 3‑B , 3‑C and 3‑D may not be greater than $50. (2) The alternative compliance payment rate for the requirement under subsection 3 may not be greater than $10. [PL 2025, c. 386, §11 (AMD).] B. The commission shall collect alternative compliance payments to meet the requirements of subsections 3 , 3‑A , 3‑B and 3‑D made by competitive electricity providers and shall use all funds collected under this paragraph to provide financial assistance for low-income households in accordance with section 3214, subsection 2 . [PL 2025, c. 386, §11 (AMD).] C. The commission shall collect alternative compliance payments to meet the requirements of subsection 3‑C made by competitive electricity providers and shall deposit all funds collected under this paragraph in the Thermal Energy Investment Fund established under section 10128, subsection 2 to be used to fund incentives and low-interest or no-interest loans to businesses, municipalities, educational institutions and nonprofit entities in the State for the installation of new thermal energy-derived projects. [PL 2021, c. 199, §1 (NEW).] The commission shall adopt rules to implement this subsection. Rules adopted to establish the alternative compliance payment rates governed by paragraph A , subparagraphs (1) and (2) routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 386, §11 (AMD).]

10. Transmission or subtransmission customer options. A customer receiving service at a transmission or subtransmission voltage level, referred to in this subsection as "a large customer," may make an election under this subsection relating to Class IA resources portfolio requirements under subsection 3‑B , the thermal renewable energy credit requirements under subsection 3‑C and the costs and benefits resulting from Class IA resource contracts under section 3210‑G . The election must be made no later than December 31, 2019. If a large customer makes an election under this paragraph, the following provisions apply. A. With respect to Class IA resources portfolio requirements under subsection 3‑B and the thermal renewable energy credit requirements under subsection 3‑C : (1) The election applies through December 31, 2027, unless rescinded earlier in accordance with this subsection. The customer may rescind an election in accordance with paragraph C . If the customer does not rescind an election in accordance with paragraph C , the customer may rescind its election solely with respect to Class IA resources portfolio requirements under subsection 3‑B and the thermal renewable energy credit requirements under subsection 3‑C by providing notice to the commission. The election with respect to Class IA resources portfolio requirements under subsection 3‑B and the thermal renewable energy credit requirements under subsection 3‑C is rescinded 6 months after the date of notice provided under this subparagraph. After December 31, 2027, the election with respect to Class IA resources portfolio requirements under subsection 3‑B and the thermal renewable energy credit requirements under subsection 3‑C is automatically terminated; and (2) As long as the election remains in effect: (a) All retail sales of electricity to that customer are exempt from the requirements of subsections 3‑B and 3‑C ; and (b) No electricity generation or renewable energy credits produced by the customer may be used or applied to satisfy the requirements of subsection 3‑B or 3‑C . [PL 2019, c. 477, §1 (NEW).] B. With respect to the costs and benefits resulting from Class IA resource contracts under section 3210‑G : (1) The election may not be rescinded except as provided in paragraph C . Except as provided in paragraph C , if a large customer makes an election under this subsection, the commission shall ensure that the customer: (a) Does not pay any costs or receive any savings that the commission determines to result from contracts approved under section 3210‑G ; and (b) Is not allowed to bid on any solicitation or obtain a contract under any procurement under section 3210‑G . [PL 2019, c. 477, §1 (NEW).] C. A large customer may rescind an election in accordance with this paragraph. In order to rescind an election under this paragraph, the customer must provide notice to the commission no later than 30 days after the commission initiates the 2nd solicitation under section 3210‑G . An election is rescinded 6 months after the date of notice provided under this paragraph. If an election is rescinded under this paragraph, it is rescinded with respect to Class IA resources portfolio requirements under subsection 3‑B , the thermal renewable energy credit requirements under subsection 3‑C and the costs and benefits resulting from Class IA resource contracts under section 3210‑G , except that with respect to contracts under section 3210‑G that are approved pursuant to the first solicitation before December 31, 2020, the commission shall continue to ensure that the customer does not pay any costs or receive any savings that the commission determines to result from those contracts, for the duration of those contracts. [PL 2019, c. 477, §1 (NEW).] The commission shall review and report on the use of the election allowed under this subsection as part of its annual report on Class IA resource portfolio requirements under subsection 3‑B, paragraph C . No later than January 1, 2027, the joint standing committee of the Legislature having jurisdiction over energy and utilities matters shall review the elections that have been made under this subsection and examine whether the December 31, 2027 date established in paragraph A , subparagraph (1)should be extended. The committee may report out a bill relating to the subject matter of this subsection to the First Regular Session of the 133rd Legislature. [PL 2019, c. 477, §1 (NEW).]

11. Report; renewable energy credit portfolio requirements. By March 31, 2024 and every 3 years thereafter, the Governor's Energy Office shall submit a report to the joint standing committee of the Legislature having jurisdiction over energy matters based on a review, conducted in consultation with the commission, of the status and impacts of the implementation of the portfolio requirements under subsections 3 , 3‑A , 3‑B , 3‑C and 3‑D . The review must be completed through a public process and must include consideration of impacts of these renewable portfolio requirements on energy prices and assessment of benefits, including, but not limited to, on greenhouse gas emissions and the economy of the State. After reviewing the report required under this subsection, the committee may report out legislation regarding renewable portfolio requirements. [PL 2025, c. 386, §12 (AMD).]

12. Standard-offer service provider. [PL 2025, c. 392, §2 (RP).]
35-A M.R.S. § 1702-A — ME Code / Title 35-A / Part 1 / Chapter 17 / Section 1702-A
35-A §1702-A. Evaluation of needs and resources
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Low-income consumers" means residential consumers for whom paying public utility bills is difficult or impossible without some form of assistance or government aid; [PL 1997, c. 166, §1 (NEW).] B. "Residential consumers" means consumers who take public utility service for domestic purposes; and [PL 1997, c. 166, §1 (NEW).] C. "Small business consumers" means commercial consumers that employ fewer than 100 employees. [PL 1997, c. 166, §1 (NEW).] [PL 1997, c. 166, §1 (NEW).]

2. Intent. It is the intent of the Legislature that the resources of the Public Advocate be devoted to the maximum extent possible to ensuring adequate representation of the interests of those consumers whose interests would otherwise be inadequately represented in matters within the jurisdiction of the commission. [PL 1997, c. 166, §1 (NEW).]

3. Priority. When the interests of consumers differ, the Public Advocate shall give priority to representing the interests of consumers in the following order: A. Low-income consumers; [PL 1997, c. 166, §1 (NEW).] B. Residential consumers; [PL 1997, c. 166, §1 (NEW).] C. Small business consumers; and [PL 1997, c. 166, §1 (NEW).] D. Other consumers whose interests the Public Advocate finds to be inadequately represented. [PL 1997, c. 166, §1 (NEW).] This subsection does not require the Public Advocate to represent the interests of a consumer or group of consumers if the Public Advocate determines that such representation is adverse to the overall interests of the using and consuming public. [PL 1997, c. 166, §1 (NEW).]
35-A M.R.S. § 3148 — ME Code / Title 35-A / Part 3 / Chapter 31 / Section 3148
35-A §3148. Periodic review of grid-enhancing technology
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Grid-enhancing technology" means any hardware or software technology that enables enhanced or more efficient flow of electricity across the existing electric transmission and distribution system. "Grid-enhancing technology" does not include generation assets or energy storage. [PL 2023, c. 553, §1 (NEW).] B. "Large investor-owned transmission and distribution utility" has the same meaning as in section 3201, subsection 12 . [PL 2023, c. 553, §1 (NEW).] [PL 2023, c. 553, §1 (NEW).]

2. Periodic review. Beginning January 15, 2027, and every 5 years thereafter, the commission shall conduct a review or update a previous review or contract with a consultant to conduct a review or update a previous review of available grid-enhancing technology that could be implemented by a large investor-owned transmission and distribution utility to reduce or defer the need for investment in grid infrastructure in the State. The commission may produce a report or contract with a consultant to produce a report describing the grid-enhancing technology identified in the review. The commission may file information or the report for use in rate cases or other proceedings involving a large investor-owned transmission and distribution utility, including the integrated grid planning proceeding required pursuant to section 3147, subsection 2 . [PL 2025, c. 54, §2 (AMD).]
35-A M.R.S. § 5101-F — ME Code / Title 35-A / Part 5 / Chapter 51 / Section 5101-F
35-A §5101-F. Exemptions
Status: in_force

Sections 5101‑A to 5101‑D do not apply to the operations of any ferry service to the extent that those operations involve service to Chebeague Island and to none of the other islands served by the Casco Bay Island Transit District. [PL 1991, c. 774, §2 (NEW).]

The Chebeague Transportation Company is not required to seek or hold a certificate of public convenience and necessity under section 5101 for ferry service between Chebeague Island and the mainland of Cumberland County north of Tukeys Bridge. [PL 1991, c. 774, §2 (NEW).]
35-A M.R.S. § 1311-B — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1311-B
35-A §1311-B. Security of certain utility information
Status: in_force

1. Designation of information as confidential. If the commission, on its own motion or on petition of any person or entity, determines that public access to specific information about public utility technical operations in the State could compromise the security of public utility systems to the detriment of the public interest, the commission shall issue an order designating that information as confidential. Information designated as confidential pursuant to this section may include, but is not limited to, emergency response plans and network diagrams. Information designated as confidential under this section is not a public record under Title 1, section 402, subsection 3 . [PL 2001, c. 135, §1 (NEW).]

2. Treatment of information by commission; generally. Except as otherwise provided in this section, the commission may not release information designated as confidential under subsection 1 and shall take appropriate steps to protect such information in its possession. [PL 2001, c. 135, §1 (NEW).]

3. Access to information by parties in proceeding. Designation of information as confidential under subsection 1 does not limit the right of a party in a proceeding before the commission to obtain discovery of that information. Notwithstanding section 1311‑A, subsection 1, paragraphs A and C , the commission may issue a protective order limiting discovery of information designated as confidential pursuant to subsection 1 if the commission finds that specific limits are necessary to protect the public interest. [PL 2001, c. 135, §1 (NEW).]

4. Release of information to other state agencies. The commission may release information designated as confidential pursuant to subsection 1 or require the release of that information by a public utility to another state agency to the extent necessary to support emergency preparedness or response, law enforcement or other public health and safety activities. The commission shall consult with a public utility before releasing or requiring the release of confidential information about that utility to a state agency unless the commission determines that the public health and welfare require immediate release without such consultation. The commission shall notify a public utility within 2 business days of providing information about that utility to a state agency pursuant to this subsection. As soon as practicable after receiving notice from a state agency pursuant to subsection 5, paragraph B of the agency's intent to release the information, the commission shall notify the public utility of the agency's intent. [PL 2001, c. 135, §1 (NEW).]

5. Release by other state agencies. A state agency that receives information about a public utility pursuant to subsection 4 : A. May not use that information for any purpose other than for the support of emergency preparedness or response, law enforcement or other public health and safety activities; [PL 2001, c. 135, §1 (NEW).] B. May not release that information to any other person or entity without prior notice to the commission unless the agency determines that immediate release of the information to one or more persons or entities is necessary for the protection of public health and safety; and [PL 2001, c. 135, §1 (NEW).] C. Shall, when finished with the use of any documents received from the commission or from a public utility pursuant to subsection 4 , return the documents to the commission or the public utility, as appropriate. [PL 2001, c. 135, §1 (NEW).] [PL 2001, c. 135, §1 (NEW).]
35-A M.R.S. § 753 — ME Code / Title 35-A / Part 1 / Chapter 7-A / Section 753
35-A §753. Duty and responsibility
Status: in_force

It is the duty and responsibility of employers of persons and individuals who use any covered equipment or items, for the benefit of themselves or others, to acquaint themselves and their employees or agents using the equipment or items or engaged in the work operations or other activities with the provisions of this chapter and the rules prescribed and adopted pursuant to it. [PL 1995, c. 348, §1 (NEW).]
35-A M.R.S. § 1508-A — ME Code / Title 35-A / Part 1 / Chapter 15 / Section 1508-A
35-A §1508-A. Administrative penalty
Status: in_force

1. Penalty. Unless otherwise specified in law, the commission may, in an adjudicatory proceeding, impose an administrative penalty as specified in this section. A. For willful violations of this Title, a commission rule or a commission order by a public utility, voice service provider, dark fiber provider, wholesale competitive local exchange carrier or competitive electricity provider, the commission may impose an administrative penalty for each violation in an amount that does not exceed $5,800 or .25% of the annual gross revenue that the public utility, voice service provider, dark fiber provider, wholesale competitive local exchange carrier or competitive electricity provider received from sales in the State, whichever amount is lower. Each day a violation continues constitutes a separate offense. The maximum administrative penalty for any related series of violations may not exceed $575,000 or 5% of the annual gross revenue that the public utility, voice service provider, dark fiber provider, wholesale competitive local exchange carrier or competitive electricity provider received from sales in the State, whichever amount is lower. [RR 2021, c. 2, Pt. A, §121 (COR).] B. For a violation in which a public utility, voice service provider, dark fiber provider, wholesale competitive local exchange carrier or competitive electricity provider was explicitly notified by the commission that it was not in compliance with the requirements of this Title, a commission rule or a commission order and that failure to comply could result in the imposition of administrative penalties, the commission may impose an administrative penalty that does not exceed $575,000. [PL 2021, c. 318, §7 (AMD).] B-1. In addition to any penalty imposed on a competitive electricity provider under paragraph A or B , the commission may: (1) For a willful violation of this Title by any 3rd-party sales agent undertaking the retail sale or marketing of electricity on behalf of a competitive electricity provider, impose an additional administrative penalty on the competitive electricity provider in an amount that does not exceed $5,000 or .25% of the annual gross revenue that the 3rd-party sales agent received from sales and commissions in the State. Each day a violation continues constitutes a separate offense. The maximum administrative penalty for any related series of violations may not exceed $500,000 or 5% of the annual gross revenue that 3rd-party sales agent received from sales and commissions in the State, whichever amount is lower; and (2) For a violation in which a 3rd-party sales agent was explicitly notified by the commission that it was not in compliance with the requirements of this Title, a commission rule or a commission order and that failure to comply could result in the imposition of administrative penalties or the termination of the 3rd-party sales agent's registration, impose an administrative penalty that does not exceed $500,000 and may terminate the registration of the 3rd-party sales agent. [PL 2021, c. 108, §3 (NEW).] C. The commission may impose an administrative penalty in an amount that does not exceed $1,200 on any person that is not a public utility, voice service provider, dark fiber provider, wholesale competitive local exchange carrier, competitive electricity provider or 3rd-party sales agent undertaking the retail sale or marketing of electricity on behalf of a competitive electricity provider and that violates this Title, a commission rule or a commission order. Each day a violation continues constitutes a separate offense. The administrative penalty may not exceed $29,000 for any related series of violations. [PL 2021, c. 108, §4 (AMD); PL 2021, c. 318, §7 (AMD).] D. In addition to the administrative penalties authorized by this subsection, the commission may require disgorgement of profits or revenues realized as a result of a violation of this Title, a commission rule or a commission order. [PL 2003, c. 505, §23 (NEW).] E. In accordance with section 301, subsection 1‑A, paragraph G , the commission shall impose an administrative penalty on a transmission and distribution utility in an amount that does not exceed $1,000,000 or 10% of its annual gross revenue received from ratepayers in the State, whichever amount is less, that fails to meet a standard established by the commission pursuant to section 301, subsection 1‑A in the previous calendar year. Each calendar year that the transmission and distribution utility fails to meet the standard constitutes a separate offense. The commission shall use the proceeds from the penalty imposed under this paragraph to assist low-income customers. [PL 2021, c. 702, §5 (NEW).] [RR 2021, c. 2, Pt. A, §121 (COR).]

2. Considerations. In determining the amount of an administrative penalty under this section, the commission shall take into account: A. The severity of the violation, including the intent of the violator and the nature, circumstances, extent and gravity of the prohibited act; [PL 2003, c. 505, §23 (NEW).] B. The reasonableness of the violator's belief that the violator's action or lack of action was in conformance with this Title, a commission rule or a commission order; [PL 2003, c. 505, §23 (NEW).] C. The violator's history of previous violations; [PL 2003, c. 505, §23 (NEW).] D. The amount necessary to deter future violations; [PL 2003, c. 505, §23 (NEW).] E. The violator's good faith attempts to comply after notification of a violation; and [PL 2003, c. 505, §23 (NEW).] F. Such other matters as justice requires. [PL 2003, c. 505, §23 (NEW).] [PL 2003, c. 505, §23 (NEW).]
35-A M.R.S. § 4135 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4135
35-A §4135. Tax exemption
Status: in_force

1. Bonds or notes. All bonds, notes or other evidences of indebtedness issued under this chapter are issued by a political subdivision or a body corporate and politic of the State, and for an essential public and governmental purpose. Those bonds, notes or other evidences of indebtedness and the interest on them and the income from them, including any profit on their sale, and all activities of the agency and fees, charges, funds, revenues, incomes and other money of the agency, whether or not pledged or available to pay or secure the payment of those bonds, notes or other evidences of indebtedness or interest on them, are exempt from all taxation, franchise fees or special assessments of whatever kind, except for transfer, inheritance and estate taxes. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Property taxes. All real and personal property acquired by the agency is subject to taxes to the same extent as real and personal property owned by other transmission and distribution utilities. [PL 1999, c. 398, Pt. A, §93 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
35-A M.R.S. § 1511 — ME Code / Title 35-A / Part 1 / Chapter 15 / Section 1511
35-A §1511. Revocation; suspension
Status: in_force

The commission may, in an adjudicatory proceeding, suspend or revoke the authority of a public utility to provide service upon a finding that the public utility is unfit to provide safe, adequate and reliable service at rates that are just and reasonable. The commission shall provide notice and a reasonable opportunity for the public utility to comply with its obligations under this Title prior to suspending or revoking the authority of a public utility to provide service pursuant to this section. The authority granted in this section is in addition to the commission's authority under section 1321 . [PL 2003, c. 505, §27 (NEW).]
35-A M.R.S. § 4373 — ME Code / Title 35-A / Part 3 / Chapter 43 / Section 4373
35-A §4373. Certification required prior to construction of nuclear power plants
Status: in_force

No construction may commence on a nuclear power plant, until the Public Utilities Commission has certified it under this subchapter. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3503 — ME Code / Title 35-A / Part 3 / Chapter 35 / Section 3503
35-A §3503. Rates for consumer-owned transmission and distribution utilities
Status: in_force

1. Scope of section. Notwithstanding any other provision of law or any charter to the contrary and in addition to any charter or private and special laws creating or affecting any consumer-owned transmission and distribution utility, the rate, toll or charge made, exacted, demanded or collected by the consumer-owned transmission and distribution utility is governed by this section. [PL 1999, c. 398, Pt. A, §87 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Abandoned capital credit" means a deposit or refund owed to a member of a rural electrification cooperative as defined in section 3703, subsection 2 that is unclaimed by the member one year after the deposit or refund becomes payable. [PL 2023, c. 483, §2 (NEW).] B. "Governing body" means the governing body of a consumer‑owned transmission and distribution utility. [PL 2023, c. 483, §2 (NEW).] [PL 2023, c. 483, §2 (RPR).]

3. Just and reasonable rates. The governing body shall establish and file rates, tolls and charges that are just and reasonable and that provide revenue as may be required for the consumer-owned transmission and distribution utility to perform its public utility service and to attract necessary capital on just and reasonable terms. [PL 1999, c. 398, Pt. A, §87 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

4. Nondiscriminatory rates. The governing body shall establish and file rates that are nondiscriminatory and that are applied on a nondiscriminatory basis. [PL 1999, c. 398, Pt. A, §87 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

5. Purposes. The governing body may establish and file rates under this section to provide revenue for the following purposes, but no other: A. To pay the current expenses for operating and maintaining the transmission and distribution system and to provide for normal renewals and replacements; [PL 1999, c. 398, Pt. A, §87 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).] B. To provide for the payment of the interest on the indebtedness created or assumed by the utility; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. For consumer-owned transmission and distribution utilities, except rural electrification cooperatives: (1) To provide each year a sum equal to not less than 2% nor more than 10% of the term indebtedness represented by the issuance of bonds created or assumed by the utility, which sum must be turned into a sinking fund and kept to provide for the extinguishment of term indebtedness. The money set aside in this sinking fund and all interest accrued to this fund must be devoted to the retirement of the term obligations of the utility and may be invested in such securities as savings banks in the State are allowed to hold; (2) To provide for annual principal payments on serial indebtedness created or assumed by the utility; and (3) To provide for a contingency reserve fund, 1/2 of which may be used for capital purposes, to reflect up to a 35% addition to yearly revenues over the amount required to operate the utility. The commission may authorize a utility to establish rates to provide for a contingency reserve fund to reflect an amount greater than a 35% addition to yearly revenues over the amount required to operate the utility. Any surplus in excess of this 35% or the percentage authorized by the commission in accordance with this subparagraph must be used to offset future revenue requirements in the setting of rates. Any interest generated on these funds must be deposited into the contingency reserve fund. The balance in the contingency reserve fund at the close of the utility's fiscal year may not exceed 35% or the percentage authorized by the commission of the yearly revenues over the amount required to operate the utility; and [PL 2025, c. 214, §1 (AMD).] D. For rural electrification cooperatives supplying or authorized to supply energy, to provide for debt service coverage by providing rates to reflect an additional amount no more than the amount of yearly long-term interest payments. The total amount of equity may not exceed the level of equity required by the lender and in no case may exceed 40% of the rural electrification cooperative's total assets minus total reserves as shown on the cooperative's annual report to the commission submitted pursuant to section 504, subsection 2 . Any surplus in excess must be used to offset future revenue requirements in the setting of rates. [PL 1993, c. 512, §3 (AMD).] The limitations set out in this subsection apply only in the case of rates established pursuant to this section and do not limit the discretion of the commission in setting rates under any other section. [PL 2025, c. 214, §1 (AMD).]

6. Penalty. If, as a result of investigation pursuant to section 310 , 1302 or 1303 , the commission finds that the utility has set rates pursuant to section 3502 that significantly exceed the limits of this section, the commission may order the utility to use any existing surplus to offset future revenue requirements and may suspend the utility's rights pursuant to section 3502 for a specified time period. [PL 1999, c. 398, Pt. A, §87 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

7. Abandoned capital credits. Abandoned capital credits must be used to provide assistance to low‑income households in accordance with section 3214 . [PL 2023, c. 483, §3 (NEW).]
35-A M.R.S. § 10101 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10101
35-A §10101. Short title
Status: in_force

This chapter may be known and cited as "the Efficiency Maine Trust Act." [PL 2009, c. 372, Pt. B, §3 (NEW).]
35-A M.R.S. § 10301 — ME Code / Title 35-A / Part 9 / Chapter 103 / Section 10301
35-A §10301. Department established
Status: in_force

The Department of Energy Resources is established as a cabinet-level department. [PL 2025, c. 476, Pt. A, §16 (NEW).]
35-A M.R.S. § 9404 — ME Code / Title 35-A / Part 7 / Chapter 94-A / Section 9404
35-A §9404. Maine Connectivity Authority
Status: in_force

1. Establishment; membership. The Maine Connectivity Authority is established as a body corporate and politic and a public instrumentality of the State, and the exercise by the authority of the powers conferred by this chapter is deemed and held to be the performance of essential governmental functions. The authority consists of the following members: A. Seven voting members appointed by the Governor and confirmed by the Legislature as follows: (1) Three members who possess expertise in advanced communications technology infrastructure or communications service, including, but not limited to, expertise in network design, network operations and middle mile infrastructure; (2) One member representing communities in the State; (3) One member who possesses expertise in banking or financial lending, including, but not limited to, expertise in the provision of loans or other capital investments for infrastructure deployment in the State; (4) One member who possesses expertise in education system needs; and (5) One member who possesses expertise in telehealth delivery and telehealth system needs; and [PL 2021, c. 364, §3 (NEW).] B. Four ex officio voting members as follows: (1) The Commissioner of Economic and Community Development or the commissioner's designee; (2) The Chancellor of the University of Maine System or the chancellor's designee; (3) The Chief Executive Officer of the Finance Authority of Maine or the officer's designee; and (4) The Chief Information Officer within the Department of Administrative and Financial Services or the officer's designee. [PL 2021, c. 364, §3 (NEW).] [PL 2021, c. 364, §3 (NEW).]

2. Terms; reappointments; vacancies; chair. Members appointed by the Governor serve 3-year terms, except that 2 such members first appointed serve a one-year term, 2 such members first appointed serve a 2-year term and 3 such members first appointed serve a 3-year term. Members appointed by the Governor are eligible for reappointment. If a member appointed by the Governor fails to serve until the expiration of the member's term, the Governor may appoint a replacement member for the remainder of that member's term. The Governor shall appoint one member to serve as chair of the authority. [PL 2021, c. 364, §3 (NEW).]

3. President. Upon the recommendation of the authority, the Governor shall appoint a president of the authority subject to confirmation by the Legislature. The president serves a 4-year term and is eligible for reappointment. The president shall manage the authority's programs, services and staff and shall perform other duties the authority considers appropriate. [PL 2021, c. 364, §3 (NEW).]

4. Officers; quorum. The authority may elect a secretary and a treasurer, who may but need not be members of the authority. Six members of the authority constitute a quorum, and the affirmative vote of 6 members is necessary for any action taken by the authority. [PL 2021, c. 364, §3 (NEW).]

5. Remote participation by members. A member of the authority may participate in a meeting of the authority and place a vote electronically or telephonically as long as members of the public have an opportunity to listen to the deliberations and otherwise participate in or observe the proceedings of the authority. [PL 2021, c. 364, §3 (NEW).]

6. Members not personally liable; indemnification. A member of the authority, while acting within the scope of this chapter, is not subject to any personal liability resulting from the exercise or carrying out of any of the authority's purposes or powers. Each member of the authority must be indemnified by the authority against expenses actually and necessarily incurred by the member in connection with the defense of any action or proceeding in which the member is made a party by reason of being or having been a member of the authority and against any final judgment rendered against the member in that action or proceeding. [PL 2021, c. 364, §3 (NEW).]

7. Conflicts. A member of the authority may not participate in any decision on any contract entered into by the authority under this chapter if that member has any interest, direct or indirect, in any firm, partnership, corporation or association that is party to the contract. The interest must be disclosed to the authority in writing and must be set forth in the minutes of the authority. [PL 2021, c. 364, §3 (NEW).]
35-A M.R.S. § 10161 — ME Code / Title 35-A / Part 8 / Chapter 99 / Section 10161
35-A §10161. Construction; carbon emissions reductions
Status: in_force

Nothing in this chapter is intended to or may be construed to constitute a mandate that would prevent the sale of carbon emissions reductions into a voluntary carbon market. [PL 2009, c. 591, §1 (NEW).]
35-A M.R.S. § 10155 — ME Code / Title 35-A / Part 8 / Chapter 99 / Section 10155
35-A §10155. Consumer underwriting and disclosure
Status: in_force

1. Underwriting. A PACE agreement entered into pursuant to a PACE program must comply with underwriting requirements established by rule by the trust. In adopting such rules, the trust shall seek advice from the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection and consumer credit industry stakeholders. Underwriting requirements established by the trust must, at a minimum: A. Limit the amount of a PACE mortgage for qualifying property that is residential property to $15,000; [PL 2009, c. 591, §1 (NEW).] B. Require debt-to-income ratios of not more than 50% for qualifying property that is residential property; [PL 2009, c. 591, §1 (NEW).] C. Provide that the term of the PACE agreement not exceed the estimated useful life of the financed energy savings improvements; [PL 2009, c. 591, §1 (NEW).] D. Require that financed energy savings improvements are cost-effective; [PL 2009, c. 591, §1 (NEW).] E. Require proof of ownership of the qualified property; [PL 2009, c. 591, §1 (NEW).] F. Require that the qualified property: (1) Is current on property taxes and sewer charges; (2) Has no outstanding and unsatisfied tax or sewer liens; (3) Is not subject to a reverse mortgage; and (4) Is not subject to a mortgage or other lien on which there is a recorded notice of default, foreclosure or delinquency that has not been cured; [PL 2009, c. 591, §1 (NEW).] G. Require that the owner or owners of the qualified property certify that there are no overdue payments on mortgages secured by the property; and [PL 2009, c. 591, §1 (NEW).] H. Require escrows for PACE assessment payments when appropriate. [PL 2009, c. 591, §1 (NEW).] [PL 2009, c. 591, §1 (NEW).]

2. Consumer disclosure; truth in lending. A PACE agreement entered into pursuant to a PACE program must provide consumer disclosure consistent with the principles of truth in lending as specified in rules adopted by the trust. In adopting such rules, the trust shall seek advice from the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection and consumer credit industry stakeholders. Notwithstanding Title 9‑A, section 1‑202 , PACE mortgages are not subject to the Maine Consumer Credit Code, Article 8‑A . [PL 2011, c. 427, Pt. D, §25 (AMD).]

3. Consumer privacy. The provisions of the federal Gramm-Leach-Bliley Act, 15 United States Code, Section 6801 et seq. (1999), and the applicable implementing federal regulations regarding the privacy of consumer information, apply to all consumer financial information obtained by the trust or municipalities or their designees in implementing PACE programs under this chapter. [PL 2009, c. 591, §1 (NEW).]
35-A M.R.S. § 6409 — ME Code / Title 35-A / Part 6 / Chapter 64 / Section 6409
35-A §6409. Standard districts; procedures in exercising eminent domain
Status: in_force

Except as otherwise provided by law, a standard district must exercise the right of eminent domain granted under section 6408 in accordance with this chapter and chapters 65 and 67 . [PL 1995, c. 616, §10 (NEW).]
35-A M.R.S. § 1311-A — ME Code / Title 35-A / Part 1 / Chapter 13 / Section 1311-A
35-A §1311-A. Protective orders; confidential information
Status: in_force

Records placed under a protective order by the commission pursuant to the Maine Rules of Civil Procedure, Rule 26 (c) in accordance with this section, are within the scope of a privilege against discovery within the meaning of Title 1, section 402, subsection 3, paragraph B and are not public records while under the protective order. [PL 1997, c. 691, §5 (AMD); PL 1997, c. 691, §10 (AFF).]

1. Issuance of protective orders. The following provisions govern the commission's issuance of protective orders. A. The commission may issue protective orders to protect the interests of parties in confidential or proprietary information, trade secrets or similar matters as provided by the Maine Rules of Civil Procedure, Rule 26 (c). When issued, a protective order must be served on the party seeking the order. Service must be in accordance with the Maine Rules of Civil Procedure, Rule 5 (b). A requirement to disclose information pursuant to a protective order does not take effect until 24 hours after service of the protective order on the party seeking the protective order. [PL 1997, c. 691, §5 (NEW); PL 1997, c. 691, §10 (AFF).] B. In granting protective orders, the commission shall balance the need to keep the information confidential with the policies of conducting its proceedings in an open and fair manner where all parties have the right and opportunity to participate effectively as provided under the Maine Administrative Procedure Act, the Maine Rules of Civil Procedure, the Maine Rules of Evidence and the Maine freedom of access laws. [PL 1997, c. 691, §5 (NEW); PL 1997, c. 691, §10 (AFF).] C. The party requesting a protective order bears the burden of demonstrating the need for protection. The commission may partially and temporarily grant a request for a protective order, consistent with the provisions of paragraph D , to expedite the release of confidential information to certain parties, but the party seeking protection bears the burden of demonstrating that release of the information to other parties should be restricted. The commission may not issue a final order prohibiting or restricting access to a party without notice and an opportunity to be heard. [PL 1997, c. 691, §5 (NEW); PL 1997, c. 691, §10 (AFF).] D. If the commission issues a protective order that denies a party access to information, the commission shall provide the information to the party's attorney, if any, subject only to the restriction that the attorney use the information solely for the purpose of the proceeding and not disclose the information to others, except that: (1) The commission may deny an attorney access to information relating to bids if the attorney represents a party that made a competing bid; and (2) The commission may impose further limitations if the commission finds that an attorney has a direct, personal and substantial financial interest that could be benefited by access to the information to the detriment of the party that provided the information. Unless the commission finds that the conditions of subparagraph (1) or (2) are met, the obligations of attorneys under the ethical rules, including the obligation to decline representation in certain cases, the authority of the commission to discipline attorneys who appear before the commission, including the authority, under section 1502 , to punish for contempt persons who fail to comply with a protective order, and the commission's ability to recommend sanctions by other bodies, including the discipline of attorneys by the courts and the Board of Overseers of the Bar, is sufficient security to permit the attorney to have access to information in order to represent a party before the commission. [PL 2023, c. 646, Pt. A, §42 (AMD).] E. The commission may prohibit or restrict the disclosure of information under protective order to a party's independent consultant only for compelling reasons and to the least extent necessary, except that the commission may require that the information be used only for the purposes of the proceeding in which it is disclosed and may prohibit disclosure of the information by the independent consultant to others. [PL 1997, c. 691, §5 (NEW); PL 1997, c. 691, §10 (AFF).] F. Notwithstanding any other provision of this subsection: (1) The commission may deny all parties, including the commission and its staff, access to information if the commission finds that the potential for harm from disclosure of the information outweighs its probative value in the proceeding; (2) The commission may deny an attorney access to information under protective order if the commission finds that the attorney's request for access to the information is not made in good faith or that the attorney will not respect the terms of the protective order; and (3) The commission may deny or limit access by an attorney to information under protective order in a proceeding involving one or more special contracts under section 703 if: (a) The information is customarily regarded as confidential business information and relates to the reasons for the parties' entering into the special contract; and (b) The party represented by the attorney is not a party to the special contract with the utility. The commission may deny or limit access to information by any attorney under this subparagraph after providing the attorney with an opportunity to be heard and upon finding that the potential for harm from disclosure of the information outweighs the need for disclosure. [PL 2023, c. 64, §1 (AMD).] [PL 2023, c. 646, Pt. A, §42 (AMD).]

2. Appeal. A party required to disclose information pursuant to a protective order issued by a hearing examiner in accordance with subsection 1 may appeal to the commissioners sitting as the commission in accordance with this subsection. A. The basis for an appeal brought pursuant to this subsection is that the potential for damage resulting from the disclosure of the information in accordance with the protective order clearly exceeds the probative value of the information in the proceeding. [PL 1997, c. 691, §5 (NEW); PL 1997, c. 691, §10 (AFF).] B. A party bringing an appeal pursuant to this subsection must file the appeal within 24 hours of service of the protective order. [PL 1997, c. 691, §5 (NEW); PL 1997, c. 691, §10 (AFF).] C. If a party appeals in accordance with this subsection, the party is not required to disclose the information during the pendency of the appeal. [PL 1997, c. 691, §5 (NEW); PL 1997, c. 691, §10 (AFF).] D. The commission shall render a decision on the appeal brought pursuant to this subsection within 7 business days of the filing of the appeal. [PL 1997, c. 691, §5 (NEW); PL 1997, c. 691, §10 (AFF).] E. Notwithstanding subsection 1 , the commission may impose limits on the disclosure of information beyond the limits imposed by the protective order issued in accordance with subsection 1 only if the commission finds that potential for damage resulting from disclosure of the information in accordance with the protective order clearly exceeds the probative value of the information in the proceeding. [PL 1997, c. 691, §5 (NEW); PL 1997, c. 691, §10 (AFF).] For purposes of this subsection, the term "hearing examiner" means a commission staff person authorized to issue a protective order in a commission proceeding. [PL 1997, c. 691, §5 (NEW); PL 1997, c. 691, §10 (AFF).]
35-A M.R.S. § 10115 — ME Code / Title 35-A / Part 8 / Chapter 97 / Section 10115
35-A §10115. Federal energy programs
Status: in_force

1. Programs. The trust may administer: A. The United States Department of Energy's State Energy Program; and [PL 2023, c. 412, Pt. NNNN, §1 (AMD).] B. Other federally funded programs and projects related to trust programs. [PL 2009, c. 372, Pt. B, §3 (NEW).] [PL 2023, c. 412, Pt. NNNN, §1 (AMD).]

2. Effective date. [PL 2023, c. 412, Pt. NNNN, §2 (RP).]

3. Use of funds. All funds received pursuant to this section must be expended in accordance with the requirements of sections 10103 , 10104 and 10105 , unless specifically prohibited by federal law or regulation. Funds to be expended for programs or projects related to weatherization and energy-efficient use of fossil fuels for heating must be deposited in the Heating Fuels Efficiency and Weatherization Fund established in section 10119 and expended in accordance with that section. The trust may transfer any federal funds received pursuant to 42 United States Code, Sections 6321 to 6326 (2009) to the appropriate state agency as it considers necessary to the extent that such funds are designated for a purpose that falls outside the energy efficiency and alternative energy programs that the trust oversees and administers. [PL 2009, c. 518, §11 (NEW).]
35-A M.R.S. § 9218 — ME Code / Title 35-A / Part 7 / Chapter 93 / Section 9218
35-A §9218. Broadband service strategic plan
Status: in_force

1. Broadband service strategic plan. The authority shall draft a detailed, triennial strategic plan for broadband service that includes quantifiable measures of performance to carry out the duties in section 9204‑A and to further the goals and policies in section 9202‑A . The strategic plan must include, but is not limited to, budget allocations, objectives, targets, measures of performance, implementation strategies, timelines, a definition of "broadband" and other relevant information. [PL 2015, c. 284, §11 (NEW).]

2. Public input. The authority shall post the draft of the triennial strategic plan pursuant to subsection 1 on the authority's publicly accessible website 90 days before the date on which the plan will be voted on and provide opportunity for written comments and a public hearing at least 30 days prior to voting. [PL 2015, c. 284, §11 (NEW).]

3. Approval of triennial strategic plan. The authority shall approve the triennial strategic plan pursuant to subsection 1 by affirmative vote of 2/3 of its members upon a finding that the plan is consistent with the policies, duties and requirements of the authority as set forth in this chapter. [PL 2015, c. 284, §11 (NEW).]
35-A M.R.S. § 4503 — ME Code / Title 35-A / Part 4 / Chapter 45 / Section 4503
35-A §4503. Filing certificate of public convenience
Status: in_force

At least 30 days before beginning construction of an interstate natural gas pipeline within this State, the corporation shall file with the Secretary of State a certified copy of the certificate of public convenience and necessity issued to it under the Federal Natural Gas Act or, if the pipeline is intrastate, a certificate exhibiting the commission's authorization. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 1513 — ME Code / Title 35-A / Part 1 / Chapter 15 / Section 1513
35-A §1513. Divestiture of underperforming transmission and distribution utility
Status: in_force

The commission shall initiate an adjudicatory proceeding, on its own motion or at the request of the Public Advocate, in accordance with this section to determine whether divestiture of an investor-owned transmission and distribution utility is warranted if the utility consistently fails to meet the service standards established in section 301, subsection 1‑A , consistently fails to meet the requirements of section 301, subsection 1 or is unable to fulfill its statutory duties as a public utility because it is financially impaired. If, at the conclusion of the adjudicatory proceeding, the commission determines that divestiture of a transmission and distribution utility is warranted, the commission shall order divestiture of or by the utility in accordance with this section. [PL 2021, c. 702, §6 (NEW).]

1. Determination by the commission. The commission shall order the owner of the transmission and distribution utility to divest the utility if the acquisition of the utility from a qualified buyer: A. Will result, over the long term, in net benefits to ratepayers in the form of lower rates or better service than the rates and service provided by the transmission and distribution utility; [PL 2021, c. 702, §6 (NEW).] B. Is for a fair and reasonable purchase price negotiated by a qualified buyer and the transmission and distribution utility or as determined by the Superior Court in accordance with subsection 2 ; [PL 2021, c. 702, §6 (NEW).] C. Demonstrates that the qualified buyer has sufficient financial and technical capability, expertise and experience to own and operate the utility and the ability to comply with all of the legal requirements, including but not limited to achievement of policies pursuant to Title 38, section 576‑A and section 577, subsection 1 , of a transmission and distribution utility; and [PL 2021, c. 702, §6 (NEW).] D. Will benefit ratepayers as determined in accordance with section 708, subsection 2, paragraph C , subparagraph (2). [PL 2021, c. 702, §6 (NEW).] [PL 2021, c. 702, §6 (NEW).]

2. Superior Court review. Notwithstanding any other provision of this Title, a transmission and distribution utility may apply by petition to the Superior Court of Kennebec County to determine a fair and reasonable price that provides just compensation for the sale of the transmission and distribution utility or its assets if the qualified buyer and transmission and distribution utility are unable to negotiate a price. The court shall hold a hearing on the petition in which the parties are permitted to present factual and expert testimony and other evidence concerning the value of the utility or its assets and shall render a decision. The decision of the Superior Court may be appealed to the Supreme Judicial Court sitting as the Law Court in the same manner as an appeal taken from a judgment of the Superior Court in a civil action. [PL 2021, c. 702, §6 (NEW).]

3. More than one buyer. If more than one qualified buyer proposes to acquire the transmission and distribution utility or its assets, the commission shall order divestiture to the qualified buyer that will provide the greatest net benefits to ratepayers. [PL 2021, c. 702, §6 (NEW).]
35-A M.R.S. § 4103 — ME Code / Title 35-A / Part 3 / Chapter 41 / Section 4103
35-A §4103. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Agency. "Agency" means the Maine Municipal and Rural Electrification Cooperative Agency. [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Cooperative. "Cooperative" means any corporation organized as of January 1, 1981, under chapter 37 or former Title 35 , chapters 221 to 227 on a cooperative plan under the laws of the State and supplying or authorized to supply electricity. [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Municipality. "Municipality" means any municipal, plantation or quasi-municipal electric, or electric and utility, corporation, or municipal electric, or electric and utility, system within the State which, as of January 1, 1981, was authorized to and engaged in the manufacture, generation, transmission, distribution, purchase or sale of electricity to the general public. [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. New England power pool. "New England power pool" means the relationship or organization created by the New England power pool agreement. [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. New England power pool agreement. "New England power pool agreement" means the contractual agreement between electric utilities which is open to all electric utilities, whether private or governmental, operating in New England, which provides for cooperation and joint participation in developing and implementing a regional bulk power supply of electricity, which constitutes the central dispatching and primary pooling arrangements for electric utilities in the New England states, and which has been permitted to become effective under the Federal Power Act by the Federal Power Commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]

6. Person. "Person" means person as defined in section 102 or any public agency, state or political subdivision or agency of the State, or any body politic of any nature organized and existing under the law of any state, the United States, any Province of Canada and also includes Canada, its provinces and all political subdivisions, departments, agencies and instrumentalities of Canada. [PL 1987, c. 141, Pt. A, §6 (NEW).]

7. Project. "Project" means any plant, works, system or facilities inside or outside the State, and real and personal property of any nature or any interest in any of them, together with all parts of them and appurtenances to them, used or useful in the generation, production, transmission, distribution, purchase, sale, exchange or interchange of electricity and in the acquisition, extraction, conversion, transportation or storage or reprocessing of fuel of any kind for any purposes or an interest in, or the right to the use, services, output or capacity of a plant quota, works, system or facilities; provided that "project" does not include construction of nuclear generating facilities or the storage, reprocessing or transportation of nuclear fuel within the State. [PL 1987, c. 141, Pt. A, §6 (NEW).]

8. Project cost. "Project cost" means, but is not limited to, the cost of acquisition, construction, reconstruction, improvement, enlargement, betterment, extension or disposal of a project or part of a project, including: A. The cost of studies, plans, specifications, surveys and estimates of costs and revenues relating to them; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. The cost of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, franchises and preparation of applications for them; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Administrative, legal, engineering and inspection expenses; [PL 1987, c. 141, Pt. A, §6 (NEW).] D. Financing fees, expenses and costs; [PL 1987, c. 141, Pt. A, §6 (NEW).] E. Working capital; [PL 1987, c. 141, Pt. A, §6 (NEW).] F. Initial fuel costs; [PL 1987, c. 141, Pt. A, §6 (NEW).] G. Interest on the bonds during the period of construction and for a reasonable period afterwards as may be determined by the agency; [PL 1987, c. 141, Pt. A, §6 (NEW).] H. Establishment of reserves for the payment of debt service, for renewals and replacements, for working capital, for operating expenses and for any other purposes determined reasonable and proper; [PL 1987, c. 141, Pt. A, §6 (NEW).] I. Prepayments under contracts for the purchase of capacity and output; and [PL 1987, c. 141, Pt. A, §6 (NEW).] J. All other expenditures of the agency incidental, necessary or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment, extension or disposal of a project and the placing of the project into operation. [PL 1987, c. 141, Pt. A, §6 (NEW).] [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3705 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3705
35-A §3705. Refunds
Status: in_force

Revenues of a cooperative for any fiscal year shall be applied as follows: [PL 1987, c. 141, Pt. A, §6 (NEW).]

1. Expenses. To defray the expenses of the operation and maintenance of the facilities of the cooperative during the fiscal year; [PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Interest and obligations. To pay interest and principal obligations of the cooperative coming due in the fiscal year; [PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Reserve for construction of facilities. To finance or to provide a reserve for the financing of the construction or acquisition by the cooperative of additional facilities to the extent determined by the board of trustees; [PL 1987, c. 141, Pt. A, §6 (NEW).]

4. Reserve for working capital. To provide a reasonable reserve for working capital; and [PL 1987, c. 141, Pt. A, §6 (NEW).]

5. Reserve for indebtedness. To provide a reserve for the payment of indebtedness of the cooperative in an amount not less than the total of the interest and principal payments in respect thereof required to be made during the next following fiscal year; [PL 1987, c. 141, Pt. A, §6 (NEW).]

Any remaining revenues shall, unless otherwise determined by a vote of the members, be distributed by the cooperative to its members as patronage refunds prorated in accordance with the patronage of the cooperative by the respective members, paid for during such fiscal year. Nothing in this section prohibits the payment by a cooperative of all or any part of its indebtedness prior to the date when it becomes due. [PL 1987, c. 141, Pt. A, §6 (NEW).]
35-A M.R.S. § 3704 — ME Code / Title 35-A / Part 3 / Chapter 37 / Section 3704
35-A §3704. Name
Status: in_force

The name of a cooperative shall be distinct from the name of any other cooperative or corporation organized under the laws of, or authorized to do business in this State. [PL 1987, c. 141, Pt. A, §6 (NEW).]