An Act To Ensure Proper Funding of the Public Utilities Commission
Maine Legislature, Session 121, LD 1042
Committee: Utilities and Energy
Sponsors: BLISS, McLAUGHLIN, HALL
Amends: 35-A MRSA §116

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1042 
H.P.759 
House of Representatives, February 26,2003 
An Act To Ensure Proper Funding of the Public Utilities 
Commission 
Submitted by the Public Utilities Commission pursuant to Joint Rule 204. 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative BLISS of South Portland. 
/JJ~1J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative: McLAUGHLIN of Cape Elizabeth, Senator: HALL of 
Lincoln. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 35-A MRSA §116, sub-§l, as amended by PL 200L c. l3 6, 
§l, is further amended to read: 
1. 
Utilities subject to assessments. 
Every transmission 
and distribution, gas, 
telephone and water utility and ferry 
subject 
to 
regulation 
by 
the 
commission 
is 
subject 
to 
an 
assessment on its intrastate gross operating revenues to produce 
no more than $4T911h999 $6,558,000 in revenues annually. 
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The 
commission 
shall 
assess 
transmission and distribution utilities at a rate sufficient to 
produce 
$~r~~grggg-aBa $4,345,400 during fiscal year 2003-04 and 
$4,493,400 thereafter. 
The commission shall assess all other 
utilities at a rate sufficient to produce $lTe48Tg99 $1,996,600 
in fiscal year 2003-04 and $2,064,600 thereafter. 
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The commission shall determine the assessments annually prior to 
May 1st and assess each utility for its pro rata share for 
expenditure during the fiscal year beginning July 1st. 
Each 
utility shall pay the assessment charged to the utility on or 
before July 1st of each year. 
Any increase in the assessment 
that becomes effective subsequent to May 1st may be billed on the 
effective date of the act authorizing the increase. 
A. 
The assessments charged to utilities under this section 
are 
just and 
reasonable operating costs 
for 
rate-making 
purposes. 
B. 
For the purposes of this section, "intrastate gross 
operating revenues" means intrastate revenues derived from 
filed rates, except revenues derived from sales for resale. 
c. 
Gas 
utilities 
subject 
to 
the 
jurisdiction 
of 
the 
commission solely with respect to safety are not subject to 
any assessment. 
D. 
The commission may correct any errors in the assessments 
by means 
of 
a 
credit or debit to the following year's 
assessment 
rather than reassessing all utilities in the 
current year. 
E. 
The 
commission 
may 
exempt 
utilities 
with 
annual 
Page l-LRI462(l) 
intrastate 
gross 
operating 
revenues 
under 
$50,000 
from 
assessments under this section. 
Sec. 2. PL 2001, c. 136, §2 is amended to read: 
Sec. 2. Use of unexpended funds. 
Notwithstanding the Maine 
Revised Statutes, Title 35-A, 
section 116, 
subsection 5, 
the 
Public Utili ties Commission may expend in fiscal year 6991,-96 
2003-04 
and 
fiscal 
year 
6G96-9~ 
2004-05, 
for 
the 
purposes 
specif ied in Title 35-A, section 116, subsection 4, 100°" of any 
unexpended funds remaining at the end of the prior fiscal year. 
Treatment of funds not expended at the end of fiscal year 6996-9J 
2004-05 is governed by Title 35-A, section 116, subsection 5. 
SUMMARY 
The purpose of this bill is to allow the Public Utilities 
Commission to maintain its ongoing responsibilities, 
including 
protecting 
Maine's 
consumers 
in 
regional 
and 
national 
proceedings. 
This bill increases the maximum 
funds that the 
commission may collect from utilities. 
This bill also allows the 
Public Utilities Commission to use unexpended funds remaining at 
the end of the prior year.