An Act To Protect Electricity Consumers of Northern Maine
Maine Legislature, Session 123, LD 2002
Committee Amendment CA_A_S521 (Senate)
Amends: 35-A MRSA §3210-C

COMMITTEE AMENDMENT " A" to S.P. 796, L.D. 2002, Bill, "An Act To 
Protect Electricity Consumers of Northern Maine" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Protect Electricity Consumers of Maine' 
Amend the bill in section I in subsection 2 in the 2nd and 3rd lines (page I, lines 5 
and 6 in L.D.) by striking out the following: "a transmission line capable of operating at 
kilovolts, or more, or" and inserting the following: 'a transmission line capable of 
operating at 100 kiloyolts, or more, or' 
Amend the bill by striking out everything after section 1 and inserting the following: 
'Sec. 2. 35-A MRSA §3210-C, sub-§3, as amended by PL 2007, c. 293, §2, is 
further amended to read: 
3. 
Commission authority. 
The commission may direct large investor-owned 
transmission and distribution utilities to enter into long-term contracts for: 
A. Capacity resources; and 
B. 
Any available energy associated with capacity resources contracted under 
paragraph A: 
(I) To the extent necessary to fulfill the policy of subsection 2, paragraph A; or 
(2) 
If the commission determines appropriate for purposes of supplying or 
lowering the cost of standard-offer service. Available energy contracted pursuant 
to this subparagraph may be sold into the wholesale electricity market in 
conjunction with solicitations for standard-offer supply bids. 
The commission may direct large investor-owned transmission and distribution utilities to 
I 
enter into contracts under this subsection only as agents for their customers and only in 
accordance with this section. 
To the greatest extent possible, the commission shall 
Page J - 123LR3364(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A " 
to S.P. 796, L.D. 2002 
develop procedures having the same legal and financial effect as the procedures used for 
standard-offer service pursuant to section 3212 for.Jar.ge investor-owned transmission and 
distribution utilities. 
The commission may enter into contracts for interruptible, demand response or energy 
efficiency capacity resources. These contracts are not subject to the rules of the State 
Purchasing Agent. 
Capacity resources contracted under this subsection may not exceed the amount 
necessary to ensure the reliability of the electric grid of this State or to lower customer 
costs as determined by the commission pursuant to rules adopted under subsection 10. 
Unless the commission determines the public interest requires otherwise, a capacity 
resource may not be contracted under this subsection unless the commission determines 
that the capacity resource is recognized as a capacity resource for purposes of any 
regional or federal capacity requirements. 
Sec. 3. 35-A MRSA §3210-C, sub-§7, as am~ruled by PL 2007, c. 293, §4, is 
further amended to read: 
7. Disposition of resources. A laFge investor-owned transmission and distribution 
utility shall sell capacity resources and energy purchased pursuant to subsection 3 or take 
other action relative to such capacity resources and energy as directed by the commission. 
Sec. 4. 35-A MRSA §3210-C, sub-§8, as enacted by PL 2005, c.677, Pt. C, §1, 
is amended to read: 
8. 
Cost recovery. 
The commission shall ensure that a .Jar.ge investor-owned 
transmission and distribution utility recovers in rates all costs of contracts entered into 
pursuant to subsection 3, including but not limited to any impacts on the utility's costs of 
capital. A price differential existing at any time during the term of the contract between 
the contract price and the prevailing market price at which the capacity resource is sold 
must be reflected in rates and may not be deemed to be imprudent. 
Sec. 5. 35-A MRSA §3210-C, sub-§10, as enacted by PL 2005, c. 677, Pt. C, §1, 
is amended to read: 
10. Rules. The commission shall adopt rules to implement this section. In adopting 
rules, the commission shall consider the financial implications of this section on laFge 
investor-owned transmission and distribution utilities. Rules adopted under this 
subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
The commission may not enter into or direct any .Jar.ge investor-owned transmission and 
distribution utility to enter into any contract pursuant to this section until rules are finally 
adopted under this subsection.' 
SUMMARY 
This amendment retains the provision in the bill that lowers the threshold for 
requiring a certificate of public convenience and necessity for the construction of a 
transmission line to 69 kilovolts or more but removes a confusing reference in the bill to a 
higher-rated line. The amendment strikes all other provisions in the bill. The amendment 
adds a provision to allow the Public Utilities Commission to direct all investor-owned 
COMMITTEE AMENDMENT 
· . 
COMMITTEE AMENDMENT 'A "to S.P. 796, L.D. 2002 
transmIssIon and distribution utilities to enter into long-term contracts for capacity 
resources and associated energy. Current law limits the commission to directing investor-
owned transmission and distribution utilities serving more than 50,000 customers to enter 
into such contracts. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Revised: 03/] 1/08 frac:.. 
LD 2002 
LR 3364(02) 
An Act To Protect Electricity Consumers of Northern Maine 
Fiscal Note for Bill as Amended by Committee Amendment '11 " 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
The additional costs associated with this legislation can be absorbed by the Public Utilities Commission utilizing 
existing budgeted resources. 
LR3364(02) - Fiscal Note - Page 1 of 1 
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