An Act To Promote Responsible Advertising by Public Utilities
Maine Legislature, Session 122, LD 1198
Committee: Utilities and Energy
Sponsors: DUPLESSIE, BARTLETI, ADAMS, BLISS, DUDLEY, MILLER, MILLS, COWGER
Amends: 35-A MRSA §302, 35-A MRSA §703-A

Legislative Document 
No. 1198 
H.P.826 
House of Representatives, March 10,2005 
An Act To Promote Responsible Advertising by Public Utilities 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative DUPLESSIE of Westbrook . 
Cosponsored by Senator BARTLETI of Cumberland and 
'7J'l~ m· 771t1£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, BLISS of South Portland, DUDLEY of Portland, 
MILLER of Somerville, MILLS of Farmington, Senators: COWGER of Kennebec, MILLS of 
Somerset. 
Prin.ed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec.t. 35-A MRSA §302, as enacted by PL 1987, c. 141, Pt. A, 
§6, is amended to read: 
§302. Limitations on rates 
The following expenses, whether paid directly or indirectly, 
through reimbursement or otherwise, incurred by a public utility 
sRa~~ may not be included or incorporated in operating expenses: 
1. 
Contributions 
to 
political 
qroups 
or 
candidates. 
Contributions 
or 
gifts 
to 
political 
candidates, 
political 
parties, political or legislative committees or any committee or 
organization 
working 
to 
influence 
referendum 
petitions 
or 
elections ... l........QI. 
2. 
COlllDercial 
messages. 
Costs 
associated 
with 
the 
preparation, 
printing or mailing 
to 
customers 
of 
commercial 
messages, as defined in section 703-A. 
Sec. 2. 35-A MRSA §703-A is enacted to read: 
§703-A. 
Commercial messages to customers 
This section governs the sending of commercial messages by a 
public utility to its customers. 
1. 
Definitions. 
For purposes of this section, "commercial 
messages" 
means 
messages 
sent 
by 
a 
public 
utility to 
its 
customers for the sole purpose of promoting consumption of a 
regulated product or service. 
2. 
Costs; noti...ce. 
The payment of the costs of preparing, 
printing and mailing commercial messages is governed by section 
302. 
A public utility that sends commercial messages to its 
customers must include with each message the following statement: 
"All 
costs 
associated 
with 
this 
mailing 
are 
charged 
to 
shareholders or owners and are not paid for by customers." 
3. 
Annual customer notice. 
A public utility may not send 
commercial messages to a customer unless the public utility has 
received from the customer written consent applicable to the 
period during which the commercial message is sent. 
A public 
utility that wishes to send commercial messages to its customers 
must annually send to all its customers 
a 
form that allows 
customers to provide their written consent to receive commercial 
messages. 
A consent form may provide for consent only through 
the end of the calendar year following the date the customer 
signs the form. 
Page l-LR2025(1) 
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4. 
Rules. 
The commission shall adopt rules necessary to 
implement this section. 
Rules adopted pursuant to this section 
are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
5. 
Penal~ies. 
A public utility that violates this section 
or rules adopted pursuant to this section is subject to the 
penalties provided in section 15Q8-A. 
SUMMARY 
Presently, 
under existing rules of the Public Utilities 
Commission, a public utility must charge to its shareholders or 
owners all costs associated with the promotion of its regulated 
services. 
This 
bill 
makes 
these 
accounting 
requirements 
statutory 
and 
establishes 
authority 
for 
Public 
Utilities 
Commission 
administrative 
penalties 
for 
violation 
of 
rules 
adopted pursuant to these requirements. 
This bill also gives all 
customers the ability to consent to or to decline receipt of 
commercial messages 
from 
a 
utility in an 
annual 
notice 
and 
consent procedure.