An Act to Streamline Utility Consumer Advocacy
Maine Legislature, Session 121, LD 0214
Committee: State and Local Government
Sponsors: GLYNN
Amends: Title 16, Section 2601, 2 MRSA §6, 3 MRSA §959, 5 MRSA §3327, 7 MRSA §2954-B, 24-A MRSA §2387-A, 35-A MRSA §114, 35-A MRSA §3502, 35-A MRSA §6104, 38 MRSA §1453-A

Legislative Document 
No. 214 
H.P.173 
House of Representatives, January 21, 2003 
An Act to Streamline Utility Consumer Advocacy 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative GLYNN of South Portland. 
Printed on recycled paper 
111~/J7·~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 2 MRSA §6, sub-§2, as amended by PL 2001, c. 708, §L 
is further amended to read: 
2. 
Range 90. 
The salaries of the following state officials 
and employees are within salary range 90: 
Superintendent of Financial Institutions; 
State Tax Assessor; 
Superintendent of Insurance; 
Executive Director of the Maine Consumer Choice Health Plan; 
Associate 
Commissioner 
for 
Programs, 
Department 
of 
Behavioral and Developmental Services; 
Associate 
Commissioner 
of 
Administration, 
Department 
of 
Behavioral and Developmental Services; 
Associate Commissioner for Systems Operations, Department of 
Behavioral and Developmental Services; 
Deputy 
Commissioner, 
Financial Services; 
Department 
of 
Administrative 
and 
Associate 
Commissioner 
for 
Adult Services, 
Department of 
Corrections; 
Associate Commissioner for Juvenile Services, Department of 
Corrections; 
Chief Information Officer; and 
Associate Commissioner for Legislative and Program Services, 
Department of Corrections. 
Sec. 2. 3 MRSA §959, sub-§I, 1fP, as amended by PL 2001, c. 439, 
Pt. EEEE, §2, is further amended to read: 
P. 
The joint standing committee of the Legislature having 
jurisdiction over utilities and energy matters shall use the 
following list as a guideline for scheduling reviews: 
f±}--P~9*~e-AQveea~e-~H-±99+T 
Page l-LR0974(1) 
(2) 
Board of Directors, 
Maine Municipal 
and 
Rural 
Electrification Cooperative Agency in 1999; 
(3) 
Public Utilities Commission in 1999; and 
(4) 
The Emergency Services Communication Bureau within 
the Department of Public Safety in 2001. 
Sec. 3. 5 MRSA §3327, sub-§l, ,D, as enacted by PL 2001, c. 
630, §1, is repealed. 
Sec. 4. 7 MRSA §2954-B, sub-§5, as enacted by PL 1985, c. 42, 
§2, is amended to read: 
5. 
Se1ect Committee on Mi1k Pricing. 
There shall must be a 
Select Committee on Milk Pricing consisting of ;tQ .2. members to 
advise the study panel on the design of the study and on the 
options and policies to be evaluated. The committee shal-l--ae is 
composed of 3 members of the House of Representatives, appointed 
by the Speaker of the House of Representatives, one of whom shall 
represent 
each 
political 
party; 
members 
of 
the 
Senate, 
appointed by the President of the Senate, one of whom shall-ae is 
chosen to represent each political party; and 3 members named by 
the Governor, one of whom shal-l--ae is knowledgeable of the dairy 
processing industry, one of whom 
shaJ.J.--ae is knowledgeable of 
milk retailing and one milk producer who is knowledgeable of 
marketing systems. ~he-P~BJ.~€-A4~~~~~-~~~~~~-&hal-l--alse 
se~ve-~a-~~-~it~~,--~~~~~~-€eR£~me£--ia~e~es~sT The 
Commissioner of Agriculture, Food and Rural Resources shall serve 
ex officio as ehai~maa chair of the committee. 
Sec. 5. 24-A MRSA §2387-A, as enacted by PL 1991, c. 885, 
Pt. B, §12 and affected by §13, is repealed. 
Sec. 6. 35-A MRSA §114, sub-§3. as enacted by PL 1987, c. 141, 
Pt. A, §6, is amended to read: 
3. 
In camera inspection. 
Upon request by the commission 
staffT--t.-be-...f2ub.l-i-G--AElveea~e or intervenor in a matter before the 
commission or upon the commission's own motion and for good cause 
shown, the commission may order a public utility to produce for 
in camera inspection by the commission or hearing examiner the 
records designated confidential under subsection 1. 
The employee 
whose records are the subject of such a request shall must be 
notified by the commission of the request and shall must be given 
the 
opportunity to 
be 
heard before 
an order 
to 
produce 
is 
issued. 
If the commission or hearing examiner determines after 
in camera inspection that a record is reasonably relevant to the 
matter before it and that production of the record is not unjust 
or unlawful and that the materiality of the record outweighs any 
harm to the employee 
from its disclosure, 
the commission or 
hearing examiner may order that the record be made a part of the 
discovery or evident aspects of the proceedings, subject to the 
terms and conditions that are just, due consideration being given 
to the privacy interests of the employee involved. 
Sec. 7. 35·A MRSA §116, sub·§8. as amended by PL 2001, c. 28, 
§1, is repealed. 
Sec. 8. 35·A MRS A §1310, sub·§I, 1[A, as amended by PL 1997, c. 
691, §4 and affected by §10, is further amended to read: 
A. 
In any commission proceeding in which standards under 
the United States Public Utilities Regulatory Policies Act 
of 1978, United States Code, Title 16, Section 2601, et 
seq., are implemented, the commission may order the utility 
to compensate the intervenor for reasonable attorney's fees, 
expert witness fees and other reasonable costs incurred in 
preparation 
and 
advocacy 
of 
the 
intervenor's 
position 
whenever the commission finds that: 
(1) 
The position of the intervenor is not adequately 
represented by the Q~~iee-e~-~~~l~~~~-~~-ERe 
Public Utilities Commission staff; 
(2) 
The intervenor substantially contributed to the 
approval, in whole or in part, of a position advocated 
"by the intervenor in the commission proceeding, except 
that, if no commission advocacy staff is appointed to a 
proceeding, the intervenor must be likely to contribute 
substantially 
to 
the 
conduct 
of 
the 
commission 
proceeding 
and 
to assist in the 
resolution of 
the 
issues raised in the proceeding; and 
(3) 
Participation in the proceeding by the intervenor 
would impose a significant financial hardship on the 
intervenor. 
Sec. 9. 35·A MRSA c.17, as amended, is repealed. 
Sec. 10. 35·A MRSA §3502, sub·§§1 and 2, as amended by PL 1999, 
c. 398, Pt. A, §86 and affected by §§104 and 105, are further 
amended to read: 
1. 
Public 
hearing. 
A 
consumer-owned 
transmission 
and 
distribution utility that elects to set rates under this section 
may not increase or decrease any rate, toll or charge without 
first holding a public hearing at which 
ERe--P-OO-l--:i.£-~-e--aRa 
any customer of the consumer-owned transmission and distribution 
,. 
utility may present 
testi~ony and may question the officials 
present regarding the proposed rate change. 
2. 
Notification. 
The 
consumer-owned 
transmission 
and 
distribution utility shall, 
at least 
days 
prior 
to 
the 
hearing, publish a notice of the amount of the proposed rate 
change, the percent of change for each customer class and the 
hearing, 
including the date, 
time, 
place 
and purpose of the 
hearing, 
in 
a 
newspaper of general circulation in the 
area 
encompassed by the consumer-owned transmission and distribution 
utility. 
In 
addition, 
days 
prior 
to 
the 
hearing, 
the 
consumer-owned transmission and distribution utility shall notify 
the commission 
aBa--t-he-~1-i-G--Aavaeat:e of its intent to change 
rates, tolls or charges. 
Sec. 11. 35-A MRS A §3502, sub-§3, ~E, as amended by PL 1993, 
c. 589, §3, is repealed. 
Sec. 12. 35-A MRSA §3502, sub-§5, as amended by PL 1999, c. 
398, Pt. A, §86 and affected by §§104 and 105, is further amended 
to read: 
5. 
Supporting materials. 
The consumer-owned transmission 
and distribution utility shall file 
a 
copy of all materials 
supporting the proposed rate change with the commission aBa-t.ae 
P~B±ie-Aavaeat:e, at least 30 days prior to the hearing. 
A copy 
of all material supporting the proposed rate change must be made 
available to customers for examination at the offices of the 
consumer-owned transmission and distribution utility for at least 
days prior to the hearing. 
The consumer-owned transmission 
and distribution utility shall promptly provide 
any relevant 
additional material or information requested by a customer or by 
the commission at-By-t:ae-P~B±ie-Aavaeat:e. 
Sec. 13. 35-A MRSA §6104, sub-§2, as amended by PL 1995, c. 
255, §8, is further amended to read: 
2. 
Utilities that elect to set rates under this section. 
Consumer-owned water utilities that elect to set rates under this 
section may not increase or decrease any rate, toll or charge 
without first holding 
a 
public hearing at which 
ERe--P~B±ie 
Aavaeat.e--aBa 
any 
customer 
may testify and 
may question the 
officials present regarding the proposed rate change. 
Sec. 14. 35-A MRSA §6104, sub-§3, as amended by PL 1995, c. 
255, §9, is further amended to read: 
3. 
Notice 
of 
proposed 
rate 
change 
and 
hearing. 
The 
consumer-owned water utility shall, at least 14 days prior to the 
hear ing, publish a notice of the proposed rate change and the 
hearing, 
including the date, 
time, 
place and purpose of the 
hearing, 
in 
a 
newspaper 
of general circulation in the 
area 
encompassed by the consumer-owned water utility and give one 
notice of the proposed rate change and the date, time, place and 
purpose of the hearing to each of its customers. 
The published 
and individual notices must include a statement describing the 
amount of the rate change and the percentage change for each 
customer 
class, 
the 
customer's 
right 
to 
request 
information 
relating to the present and proposed rates, the right to an open 
and fair hearing and the right to further hearings before the 
commissionT-~-~ae-~~~i~~~1r-eE-~~~-EFem-~~-PHa±ie 
AQveea~e. 
The 
published 
and 
individual 
notices 
must 
inform 
customers that they can petition the commission to investigate 
the proposed rate 
change 
and 
must 
include 
a 
statement that 
signatures 
on petitions 
filed 
pursuant 
to 
subsection 
are 
invalid unless accompanied by the printed names and addresses of 
the signers. 
The published and individual notices must also 
inform customers that the utility will, 
upon request, provide 
customers with petition forms that include space for signatures 
and the printed names and addresses of the signers. 
Copies of 
the notice must be sent to the commission aBQ-~ae-PHa±ie-AQveea~e 
at least 14 days prior to the hearings. 
Sec. 15. 35-A MRSA §6104, sub-§4-A, as amended by PL 1995, c. 
255, §11, is further amended to read: 
4-A. 
Supporting materials. 
The water utility shall file a 
copy of all materials supporting the proposed rate change with 
the commission aBQ-~ae-PHa±ie-AQveea~eT at least 30 days prior to 
the hearing. 
A copy of all material supporting the proposed rate 
change saa±± must be made available to customers for examination 
at the offices of the utility for at least 30 days prior to the 
hearing. 
The 
utility 
shall 
promptly 
provide 
any 
readily 
available relevant additional material or information requested 
by a customerT Q£ the commission-eF-~ae-PHa±ie-AQveea~e. 
Sec. 16. 35-A MRS A §8704, sub-§I, as amended by PL 2001, c. 
377, §3, is further amended to read: 
1. 
Membership. 
members as follows: 
The 
advisory council consists of 
±6 
A. 
The Director of the Division of Deafness, 
Bureau of 
Rehabilitation Services, Department of Labor, or a designee; 
B. 
The Chair of the Advisory Committee to the Division of 
Deafness established by Title 5, section 12004-1, subsection 
40, or a designee; 
.. 
.I 
C. 
One 
member 
from 
the 
Public 
Utili ties 
Commission, 
appointed by the commissioners; and 
gT--~a&-~--~~~-£Re--eff1ee-~~-~~-p~~~€--AeyeeaEeT 
a~~eiREee-aY-ERe-Paalie-AeyeeaEef-aRe 
E. 
Eight members appointed by the Governor as follows: 
(1) 
One member from the Governor Baxter School for the 
Deaf; 
( 2 ) 
deaf; 
One member from a statewide association for the 
(3) 
One member from a center on deafness; 
(4) 
One 
member 
from 
a 
company 
providing 
telecommunications relay service in this State; 
( 5) 
One 
member of 
a 
telephone association in this 
State; 
(6) 
Two members from the general public who must rely 
on TTYs for telecommunications; and 
+T ill One member representing a cellular or wireless 
service provider. 
Sec. 17. 38 MRSA §1453-A. sub-§6. as amended by PL 1997, c. 
700, §8, is further amended to read: 
6. 
Staff assistance. 
The Department of Human Services and 
the department shall provide assistance to the commission in the 
conduct of its business. 
The State Nuclear Safety Advisor aHa 
ERe-Paalie-AeyeeaEe shall provide consultation as requested. 
Sec. 18. Attorney General and Public Utilities Commission to present 
plan. 
By November 1, 2003, the Attorney General, in consultation 
with the Public Utilities Commission, shall develop and present 
to 
the 
Legislature 
a 
report, 
together 
with 
any 
necessary 
implementing legislation, regarding which functions, if any, of 
the former Office of the Public Advocate need to continue to be 
performed and by whom they should be performed. 
The assessment 
must also provide an accounting of all funds remaining in the 
Public Advocate account, suggestions for what should be done with 
those funds and whether an assessment should be instituted to 
fund any functions of the former Office of the Public Advocate 
that the Attorney General believes should be continued. 
SUMMARY 
This bill abolishes the Office of the Public Advocate. 
It 
directs the Attorney General, 
in consultation with the Public 
Utilities Commission, to develop and present to the Legislature a 
report, 
together with any necessary 
implementing legislation, 
regarding which functions, if any, of the former Office of the 
Public Advocate need to continue to be performed and by whom they 
should 
be 
performed. 
The 
assessment 
must 
also 
provide 
an 
accounting of all funds remaining in the Public Advocate account, 
suggestions for what should be done with those funds and whether 
an assessment should be instituted to fund any functions of the 
former Office of the Public Advocate that the Attorney General 
believes should be continued. 
, 
,