An Act To Allow Consumer-owned Utilities To Purchase Power at Negotiated Wholesale Rates, Terms and Conditions
Maine Legislature, Session 121, LD 1030
Committee: Utilities and Energy
Sponsors: MURPHY, HATCH, KETTERER, PINGREE, STANLEY
Amends: 35-A MRSA §3207, 35-A MRSA §3212

Legislative Document 
No. 1030 
H.P.747 
House of Representatives, February 26, 2003 
An Act To Allow Consumer-owned Utilities To Purchase Power at 
Negotiated Wholesale Rates, Terms and Conditions 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative MURPHY of Kennebunk. 
Cosponsored by Senator HATCH of Somerset and 
'I7l~ 1?1.1l/~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: KETTERER of Madison, PINGREE of North Haven, Senators: SA V AGE of 
Knox, STANLEY of Penobscot. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 35-A MRSA §3207, sub-§I, ,A, as enacted by PL 1997, c. 
316, §3, is amended to read: 
A. 
May sell retail generation service only within their 
respective 
service 
territories, 
and 
are 
authorized 
to 
purchase electric power 
and energy at wholesale 
and 
to 
purchase such transmission and related services as may be 
reguired to effect the delivery of such power and energy to 
their respective service territories; and 
Sec. 2. 35-A MRSA §3212, sub-§6, as enacted by PL 1997, c. 
63.9, §2, is amended to read: 
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 
utili ty 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. 
SUMMARY 
This bill provides explicit permission for consumer-owned 
transmission and distribution utilities to enter into wholesale 
power purchase agreements for the purpose of providing retail 
generation service within their service territories.