An Act To Promote Competition in Maine's Electric Industry
Maine Legislature, Session 123, LD 1935
Committee: Utilities and Energy
Sponsors: STRIMLING

Legislative Document 
No. 1935 
S.P.746 
December 11, 2007 
An Act To Promote Competition in Maine's Electric Industry 
Approved for introduction by a majority ofthe Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary ofthe Senate on December 11,2007. Referred to the Committee 
on Utilities and Energy pursuant to Joint Rule 308.2 and ordered printed. 
Presented by Senator STRIMLING of Cumberland. 
Printed on recycled paper 
JOY 1. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 3S-A MRSA §2102, sub-§l, as amended by PL 2003, c. 505, §28, IS 
further amended to read: 
1. Approval required. Except as provided in subsection subsections 2 and 4 and in 
section 4507, a public utility may not furnish any of the services set out in section 2101 in 
or to any municipality in or to which another public utility is furnishing or is authorized 
to furnish a similar service without the approval of the commission. The commission 
may condition approval upon the submission of a bond or other financial security if the 
commission determines that such a requirement is necessary to ensure that a public utility 
has the financial ability to meet its obligations under this Title. 
Sec. 2. 3S-A MRSA §2102, sub-§4 is enacted to read: 
4. Construct, maintain and operate lines. A person may construct, maintain and 
operate electric lines in the manner and with the authority of a transmission and 
distribution utility in a municipality in which a transmission and distribution utility is 
authorized to serve if the transmission and distribution utility is affiliated with a person 
who owns or operates a source of electrical generation in the State. 
Sec. 3. 3S-A MRSA §230S-B, sub-§2, as enacted by PL 2001, c. 110, §2, is 
amended to read: 
2. 
Persons other than transmission and distribution utilities. 
A Except as 
provided in section 2102, subsection 4, a person other than a transmission and 
distribution utility may not construct or maintain electric lines, including poles or other 
related structures, in, upon, along, over, across or under a road, street or other public way 
unless: 
A. The person satisfies the requirements of section 2503; 
B. The person or the person's contractor hired to construct the line provides to the 
applicable licensing authority a performance bond: 
(1) In the amount of the value of the line, including poles or other related 
structures, to be located in the public way; and 
(2) That is enforceable for one year from the date the line is energized; 
C. Prior to constructing the line, the person notifies the transmission and distribution 
utility in whose service territory the line is proposed to be built of the proposed 
location of the line; and 
D. 
If a public utility objects to the line on the basis that it may constitute a 
34' 
duplication of existing transmission or distribution facilities or may interfere with the 
adequate and safe delivery of electricity to others, the commission issues a finding 
that the line is not a duplication of existing transmission or distribution facilities and 
does not interfere with the adequate and safe delivery of electricity to others. A 
finding is not required under this paragraph unless a public utility has objected in 
writing to the applicable licensing authority. 
SUMMARY 
This bill allows a person other than a transmission and distribution utility to compete 
with any transmission and distribution utility that is affiliated with a person who owns or 
operates a source of electrical generation in the State.