An Act To Protect Maine's Energy Sovereignty through the Designation of Energy Infrastructure Corridors and Energy Plan Development
Maine Legislature, Session 123, LD 2255
Committee Amendment CA_A_S561 (Senate)
Amends: 12 MRSA §685-A, 30-A MRSA §4352, 35-A MRSA §122, 35-A MRSA §3210-C, 2 MRSA §9, 5 MRSA §3304, 5 MRSA §3327

Majority 
COMMITTEE AMENDMENT "A " to S.P. 885, L.D. 2255, Bill, "An Act To 
Protect Maine's Energy Sovereignty through the Designation of Energy Infrastructure 
Corridors and Energy Plan Development" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'PART A 
Sec. A-I. 12 MRSA §685-A, sub-§l1, as amended by PL 1999, c. 657, §5, is 
further amended to read: 
11. Exemptions. Real estate used or to be used by a public utility, as defined in 
Title 35-A, section 102, subsection 13, or a person who is issued a certificate by the 
Public Utilities Commission under Title 35-A, section 122 may be wholly or partially 
exempted from regulation to the extent that the commission may not prohibit such use but 
may impose terms and conditions for use consistent with the purpose of this chapter, 
when, upon timely petition to the Pal3lie Utilities Commission and after a , notice and 
public hearing, the Public Utilities Commission determines that such exemption is 
necessary or desirable for the public welfare or convenience. 
The Public Utilities 
Commission shall adopt by rule procedures to implement this subsection. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. A-2. 30-A MRSA §4352, sub-§4, as enacted by PL 1989, c. 104, Pt. A, §45 
and Pt. C, § 10, is amended to read: 
4. Exemptions. Real estate used or to be used by a public serviee eorporation utility, 
as defined in Title 35-A, section 102, subsection 13, or a person who is issued a 
certificate by the Public Utilities Commission under Title 35-A, section 122 is wholly or 
partially exempt from an ordinance only when on petition, notice and public hearing the 
Public Utilities Commission determines that the exemption is reasonably necessary for 
public welfare and convenience. The Public Utilities Commission shall adopt by rule 
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procedures to implement this subsection. Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. A-3. 35-A MRSA §122 is enacted to read: 
§122. Energy infrastructure corridors 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Department" means the Department of Environmental Protection. 
B. "Energy infrastructure" includes electric transmission and distribution facilities, 
natural gas transmission lines, carbon dioxide pipelines and other energy transport 
pipelines or conduits. 
"Energy infrastructure" does not include generation 
interconnection transmission facilities or energy generation facilities. 
C. "Energy infrastructure corridor" or "corridor" means a geographic area within the 
State designated by the commission in accordance with this section for the purposes 
of siting energy infrastructure. 
D. "Generation interconnection transmission facility" has the same meaning as in 
section 3132, subsection I-B. 
E. "Interested person" means a person that can demonstrate to the commission the 
financial and technical capability to engage in the development and construction of 
energy infrastructure. 
F. "Project" means the development or construction of energy infrastructure within 
an energy infrastructure corridor. 
G. 
"Tribe" includes the Penobscot Nation, as defined in Title 30, section 6203, 
subsection 10; 
the Passamaquoddy Tribe, as defined in Title 30, section 6203, 
subsection 7; the Houlton Band of Maliseet Indians, as dermed in Title 30, section 
6203, subsection 2 and the Aroostook Band of Micmacs, as defined in Title 30, 
section 7202, subsection 1. 
2. Designation of energy infrastructure corridors. The commission may, upon 
petition, designate energy infrastructure corridors in accordance with this subsection. 
A. The commission may designate an energy infrastructure corridor only by rule 
pursuant to subsection 9. Rulemaking to designate an energy infrastructure corridor 
must include a public hearing in which interested persons and other persons are 
provided an opportunity to be heard. 
B. 
The commission may commence a proceeding to designate an energy 
infrastructure corridor only upon the filing of a petition for the designation of a 
corridor by the Office of the Public Advocate, the Executive Department, Governor's 
Office of Energy Independence and Security or an interested person. 
C. 
The commission shall dismiss a petition for the designation of an energy 
infrastructure corridor filed under this subsection if, after preliminary review, the 
commission determines that the petition does not contain sufficient information to 
support the designation of an energy infrastructure corridor. 
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D. 
The commission may designate an energy infrastructure corridor only if the 
commission finds that the future development of energy infrastructure within the 
corridor is reasonably likely to be: 
(1) In the public interest, including, but not limited to, consideration of: 
(a) Encouraging colocation of energy infrastructure; 
(b) Enhancing the efficient utilization of existing energy infrastructure; and 
(c) Limiting impacts on the landscape; and 
(2) Consistent with environmental and land use laws and rules of the State. A 
finding that the future development of energy infrastructure within the corridor is 
reasonably likely to be consistent with environmental and land use laws and rules 
of the State under this paragraph does not imply that an application for any 
particular project meets environmental or land use laws and rules or will be 
approved. 
E. 
In designating a geographic area as an energy infrastructure corridor, the 
commission shall limit the geographic area of the corridor to an area no greater in 
breadth and scope than is necessary to achieve the purposes of this section. 
F. 
The commission may not designate an energy infrastructure corridor that is 
located on any of the following lands: 
(1) Houlton Band Trust Land, as defined in Title 30, section 6203, subsection 
2-A; 
(2) Passamaquoddy Indian territory, as defined in Title 30, section 6203, 
subsection 6; 
(3) Penobscot Indian territory, as defined in Title 30, section 6203, subsection 9; 
(4) Aroostook Band Trust Land, as defined in Title 30, section 7202, subsection 
2.;. 
(5) Lands that constitute a park as defined in Title 12, section 1801, subsection 7 
and Baxter State Park; and 
(6) Federally owned land. 
3. 
Consultation required. Prior to designating an energy infrastructure corridor 
under subsection 2, the commission shall, at a minimum, consult with: 
A. The department; 
B. Appropriate state and federal energy and natural resources protection agencies, as 
specified by rules adopted pursuant to subsection 9; 
C. The municipalities in which the corridor would be located; 
D. 
The Maine Land Use Regulation Commission, if the proposed energy 
infrastructure corridor, or any portion of the corridor, is located within unorganized 
or deorganized territories of the State; and 
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E. A tribe, if the proposed energy infrastructure corridor, or any portion of the 
corridor, is located on land of a tribe other than those lands specified in subsection 2, 
paragraph F. 
4. Use of corridors; certificate and permit required. Development or construction 
of energy infrastructure within an energy infrastructure corridor is governed by this 
subsection. 
A. 
A transmission and distribution utility may not engage in development or 
construction of a transmission line covered by section 3132 within an energy 
infrastructure corridor, unless: 
(1) The commission has issued a certificate of public convenience and necessity 
approving the transmission line in accordance with section 3132; and 
(2) The department has issued a consolidated environmental permit approving the 
project in accordance with subsection 6. 
B. 
A transm ission and distribution utility may not engage in development or 
construction of energy infrastructure other than a transmission line covered by section 
3132 within an ener~ infrastructure corridor, unless: 
(1) The commission has issued a corridor use certificate approving the project in 
accordance with subsection 5; and 
(2) The department has issued a consolidated environmental permit approving the 
project in accordance with subsection 6. 
C. A person that is not a transmission and distribution utility may not engage in 
development or construction of energy infrastructure within an energy infrastructure 
corridor, unless: 
(1) The commission has issued a corridor use certificate approving the project in 
accordance with subsection 5; and 
(2) The department has issued a consolidated environmental permit approving the 
project in accordance with subsection 6. 
5. Corridor use certificate. Whenever a person proposes to develop or construct 
energy infrastructure within an energy infrastructure corridor, except for a transmission 
and distribution utility that proposes a transmission line subject to the requirements of 
section 3132, that person shall file with the commission a petition for a corridor use 
certificate. The petition for the corridor use certificate must contain such information as 
the commission by rule requires. The commission shall process a petition for a corridor 
use certificate in an adjudicatory proceeding. The commission shall issue a corridor use 
certificate upon a finding that the project is: 
A. In the public interest; and 
B. Reasonably likely to: 
(1) Minim ize utility rates or increase the reliability of utility service; 
(2) Have the net effect of reducing the release of greenhouse gases; or 
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COMMITTEE AMENDMENT "A "to S.P. 885, L.D. 2255 
(3) Enhance economic development within the State. 
6. 
Environmental review; consolidated environmental permit. 
Whenever a 
person proposes to develop or construct energy infrastructure within an energy 
infrastructure corridor, that person shall file with the department an application for a 
consolidated environmental permit. The department shall adopt by rule pursuant to 
subsection 9 a process for the review of applications and the issuance of the consolidated 
environmental permit in accordance with this subsection. The department may request 
comments from and consult with other agencies and programs that are required by law to 
issue separate approvals for some or all projects. 
A. A consolidated environmental permit issued by the department takes the place of 
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any other permits or licenses that the department would otherwise require for the 
proposed project. 
B. 
The application for a consolidated environmental permit must contain such 
information as the department requires, including, but not limited to, all studies and 
documentation necessary to determine whether the proposed project is in compliance 
with the environmental laws of the State administered by the department. 
C. The applicant for a consolidated environmental permit shall pay a fee specified by 
rule and reimburse the department for any additional costs of regulatory review, 
including expenses for outside peer review or other consultants or experts assisting 
the department in its review. Outside review of applications under this subsection is 
governed by Title 38, section 344-A, except that the Commissioner of Environmental 
Protection is not required to obtain the consent of the applicant to enter into an 
agreement with an outside reviewer or require that the costs of the outside review be 
reimbursed by the applicant. 
D. 
The department shall issue its decision on an application for a consolidated 
environmental permit within a timeframe specified by department rule or guideline. 
The decision may specify approval, denial or approval in part and denial in part. A 
proposed project may not be undertaken if it is denied in whole or in part by the 
department. 
E. 
Upon issuance of a consolidated environmental permit, the department shall 
1 
certify to the commission that the permit has been issued and whether the proposed 
project complies, in part or in whole, with the environmental laws of the State 
administered by the department and whether other agencies and programs that are 
required by law to issue separate approvals for some or all aspects of the project have 
taken final agency action on those matters requiring their separate approval. 
F. The department shall enforce the terms of the consolidated environmental permit. 
G. 
The terms of the consolidated environmental permit may require additional 
submissions by the permit holder, studies and approvals with conditions. 
If the department receives an application for a permit to develop or construct energy 
infrastructure within an energy infrastructure corridor prior to adopting a rule to 
implement this subsection, the department shall process the application in accordance 
with the department's existing review and permitting procedures. 
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7. Eminent domain. This subsection grants and limits certain rights of eminent 
domain with respect to energy infrastructure corridors. 
A. The eminent domain authority of a transmission and distribution utility within an 
energy infrastructure corridor is governed by section 3136. 
B. Subject to approval by the commission, a person that is not a transmission and 
distribution utility that receives a corridor use certificate under subsection 5 to 
develop energy infrastructure within an energy infrastructure corridor may take and 
hold by right of eminent domain lands and easements within that corridor necessary 
for the proper location of the energy infrastructure covered by the corridor use 
certificate in the same manner and under the same conditions as set forth in chapter 
65. The right of eminent domain granted in this paragraph does not apply to: 
(1) Lands or easements located within 300 feet of an inhabited dwelling; 
(2) Lands or easements on or adjacent to any developed or undeveloped water 
power; 
(3) Lands or easements so closely paralleling existing wire lines of other utilities 
that the proposed energy infrastructure would substantially interfere with service 
rendered over the existing lines, except with the consent of the owners; 
(4) Lands or easements owned or used by railroad corporations, except as 
authorized pursuant to section 23 11; 
(5) Lands or easements owned by the State; and 
(6) Transmission and distribution plant that is owned, controlled, operated or 
managed by a transmission and distribution utility on the effective date of this 
section. 
C. 
The commission may take and hold by right of eminent domain lands and 
easements within an energy infrastructure corridor in accordance with this paragraph, 
notwithstanding any transmission and distribution utility ownership of the lands or 
easements. 
(1) The commission may exercise the authority under this paragraph only in an 
adjudicatory proceeding upon a petition by the Office of the Public Advocate or 
the Executive Department, Governor's Office of Energy Independence and 
Security demonstrating that such action is urgently needed to avoid substantial 
harm to electricity consumers regarding anticipated activity associated with an 
energy infrastructure corridor. A determination by the commission that the 
exercise of eminent domain under this paragraph is urgently needed to avoid 
substantial harm to electricity consumers regarding anticipated activity associated 
with an energy infrastructure corridor constitutes reviewable final agency action. 
(2) The amount of any lands or easements taken by the commission pursuant to 
this subsection may be no greater than is required to avoid the harm to electricity 
consumers identified under subparagraph (1). 
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(3) The right of eminent domain granted in this paragraph does not apply to 
personal property, fixtures or improvements that constitute transmission and 
distribution plant. 
(4) The commission may exercise the right of eminent domain for the purposes of 
this paragraph in the same manner and under the same conditions as set forth in 
chapter 65. For the purposes of the exercise of eminent domain authorized by 
this paragraph. the commission is both a person and the State. 
(5) The commission is authorized to assess transmission and distribution utilities 
to the extent necessary to obtain sufficient funds to pay for lands and easements 
taken pursuant to this subsection. 
(6) The commission, in an adjudicatory proceeding upon petition by the Office of 
the Public Advocate or the Executive Department. Governor's Office of Energy 
Independence and Security, may transfer or convey to any person or state agency 
lands and easements once acquired. except that a transmission and distribution 
utility whose lands or easements were taken pursuant to this paragraph must be 
given the first opportunity to acquire the lands or easements to the extent 
necessary or useful in the performance of its duties as a transmission and 
distribution utility. 
(7) The commission shall report on the circumstances of any taking by eminent 
domain to the joint standing committee of the Legislature having jurisdiction 
over utilities and energy matters during the next regular session of the Legislature 
following the acquisition of lands or easements by eminent domain. 
S. Utility service territory. Nothing in this section modifies existing restrictions on 
entities providing service within a public utility's service territory provided under chapter 
f.L 
9. 
Rules. 
The commission shall adopt by rule standards and procedures to 
implement this section. Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A, except that rules adopted by the 
commission for the designation of an energy infrastructure corridor. pursuant to 
subsection 2, paragraph A, are major substantive rules. 
Sec. A-4. 
Examination of generation interconnection transmission 
facilities; report. The Department of Environmental Protection shall examine whether 
generation interconnection transmission facilities, as defined in the Maine Revised 
Statutes, Title 35-A, section 3132, subsection I-B, should be added to the definition of 
"energy infrastructure" under Title 35-A, section 122, subsection 1. The department shall 
consult with the Public Utilities Commission, the Office of the Public Advocate, the 
Executive Department, Governor's Office of Energy Independence and Security and the 
Maine Land Use Regulation Commission as part of the examination required under this 
section. No later than March 14, 2009, the department shall report its findings and 
recommendations to the joint standing committee of the Legislature having jurisdiction 
over utilities and energy matters. 
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PARTB 
Sec. B-1. 35-A MRSA §3210-C, sub-§l, 'A-l is enacted to read: 
A-I. "Contract for differences" means a contractual arrangement between a buyer 
and a seller in which cash payments are made based on the actual or relative 
difference between a target price for energy or a capacity resource and the market 
value of the energy or capacity resource. Under a contract for differences, the seller 
pays to the buyer the positive difference between the market value and the target 
price and the buyer pays to the seller the negative difference between the market 
value and the target price. "Contract for differences" does not include a contract for 
the physical delivery of energy or capacity resources. 
Sec. B-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 laJ:ge 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: 
(1) 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 or otherwise lowering the cost of 
electricity for the ratepayers in the State. 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 laFge investor-owned transmission and distribution utilities to 
enter into contracts under this subsection only as agents for their customers and only in 
accordance with this section. The commission may permit, but may not require, investor-
owned transmission and distribution utilities to enter into contracts for differences that are 
designed and intended to buffer ratepayers in the State from potential negative impacts 
from transmission development. To the greatest extent possible, the commission shall 
develop procedures for long-term contracts for investor-owned transmission and 
distribution utilities under this subsection having the same legal and financial effect as the 
procedures used for standard-offer service pursuant to section 3212 for laFge 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. In a competitive solicitation conducted pursuant to subsection 6, the 
commission shall allow transmission and distribution utilities to submit bids for 
interruptible, demand response or energy efficiency capacity resources. 
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. 
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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. 
The commission shall ensure that any long-term contract authorized under this subsection 
is consistent with the State's goals for greenhouse gas reduction under Title 38, section 
and the regional greenhouse gas initiative as described in the state climate action plan 
required in Title 38, section 577. 
Sec. B-3. 35-A MRSA §3210-C, sub-§7, as amended by PL 2007, c. 293, §4, is 
further amended to read: 
7. 
Disposition of resources. 
A large An 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. B-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-laFge an 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 or 
any gains or losses derived from contracts for differences must be reflected in rates and 
may not be deemed to be imprudent. 
Sec. B-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 large 
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 large investor-owned transmission and 
distribution utility to enter into any contract pursuant to this section until rules are finally 
adopted under this subsection. 
PARTC 
Sec. C-l. 2 MRSA §9 is enacted to read: 
§9. Governor's Office of Energy Independence and Security 
1. Office established. The Governor's Office of Energy Independence and Security, 
referred to in this section as "the office," is established in the Executive Department to 
carry out responsibilities of the State relating to energy resources, planning and 
development. The office is directly responsible to the Governor. 
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2. Director. The office is under the control and supervision of the Director of the 
Governor's Office of Energy Independence and Security, referred to in this section as "the 
director." The director is appointed by the Governor and serves at the pleasure of the 
Governor. 
3. Duties. The director is responsible for the execution of the duties of the office. 
The director shall: 
A. Chair the Energy Resources Council, established under Title 5, section 3327; 
B. In collaboration with the Energy Resources Council and other relevant state 
agencies, coordinate state energy policy; 
C. Prepare and submit a comprehensive state energy plan to the Governor and the 
Legislature by January 15,2009 and every 2 years thereafter; 
D. In collaboration with other relevant state agencies, private industry and nonprofit 
organizations, collect and analyze energy data, including, but not limited to, data on 
energy supply, demand and costs in this State with consideration of all available 
energy sources; 
E. Coordinate the dissemination of energy information to the public and the media; 
F. Provide technical assistance and information to the Governor and the Legislature 
regarding the State's short-range and long-range energy needs and the resources to 
meet those needs; 
G. Seek funds and partnerships with public and private sources to support the goals 
of the office, including, but not limited to, promoting energy efficiency, demand-side 
management and distributed generation; 
H. Work with transmission and distribution utilities, state agencies involved in the 
permitting of energy generation facilities and other relevant entities to negotiate 
agreements that create value for electricity consumers with developers of renewable 
generation who are interested in building energy generation facilities or developing or 
utilizing energy transmission infrastructure in this State. This paragraph does not 
authorize the director to be a signatory to any such agreement unless that authority is 
otherwise granted by law. The director shall report on activities undertaken pursuant 
to this paragraph by February 1, 2009, and annually thereafter, to the joint standing 
committee of the Legislature having jurisdiction over utilities and energy matters; and 
I. Monitor energy transmission capacity planning and policy affecting this State and 
the regulatory approval process for the development of energy infrastructure pursuant 
to Title 35-A, section 122 and make recommendations to the Governor and the 
Legislature as necessary for changes to the relevant laws and rules to facilitate energy 
infrastructure planning and development; and 
J. Take action as necessary to carry out the goals and objectives of the state energy 
plan prepared pursuant to paragraph C. 
Sec. C-2. 5 MRSA §3304, sub-§3, ~, as enacted by PL 1989, c. 501, Pt. DD, 
§7, is repealed. 
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Sec. C-3. 5 MRS A §3327, sub-§l, as amended by PL 2005, c. 425, §2, is further 
amended to read: 
1. 
Council established; membership. 
In order to facilitate more effective 
interagency coordination of the State's activ'ities regarding energy issues, the Energy 
Resources Council, referred to in this chapter as the "council," is established. The chair 
of the council is the Director of the State PlaRRiRg Offiee Governor's Office of Energy 
Independence and Security within the Executive Department, who is responsible for 
ensuring that the council carries out its responsibilities under this chapter. 
The 
membership of the council is as follo'i'ls also includes: 
A. The Director of the State Planning Office or the director's designee; 
B. The chair of the Public Utilities Commission or the chair's designee; 
C. The Commissioner of Environmental Protection or the commissioner's designee; 
D. The Public Advocate or the Public Advocate's designee; 
E. The Commissioner of Transportation or the commissioner's designee; 
F. 
The Commissioner of Administrative and Financial Services or the 
commissioner's designee; 
G. 
The Commissioner of Economic and Community Development or the 
commissioner's designee; 
H. The Director of the Maine State Housing Authority or the director's designee; and 
I. The Commissioner of Conservation or the commissioner's designee. 
Sec. C-4. 5 MRSA §3327, sub-§3, as amended by PL 2003, c. 487, §1, is further 
amended to read: 
3. Quarterly meetings; staff; funding. The council shall meet at least quarterly. 
The council shall prepare a work program plan for each year establishiRg that outlines 
anticipated activities and establishes priorities among its efforts. The State PlaRRiRg 
Offiee, withiR the Executive Department, Governor's Office of Energy Independence and 
Security shall provide staff support to the council. Funding to support the work of the 
council and its staff is as follows. 
A. A state agency applying for funds under the State Energy Program of the United 
States Department of Energy pursuant to 10 Code of Federal Regulations, Part 420 
shall, as directed by the council, apply for funds to support the work of the council 
and its staff. 
B. 
To the extent funds available pursuant to paragraph A are insufficient to fund 
fully staff support for the council, each member of the council shall enter into an 
agreement with the State PlaRRiRg Offiee Executive Department, Governor's Office 
of Energy Independence and Security to share in the cost of providing the staff 
support. 
C. The council may seek, and the Public Utilities Commission may provide, funds to 
the council pursuant to Title 35-A, section 3211-A, subsection 5-A. 
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Sec. C-4. 5 MRSA §3327, sub-§4, as enacted by PL 2001, c. 630, §1, is amended 
to read: 
4. Report; legislative oversight. By January 15th of each year, the chair of the 
council shall prepare and submit to the Governor and to the joint standing committee of 
the Legislature having jurisdiction over utilities and energy matters an annual report 
describing the council's activities during the previous calendar year and an outline of 
antiei!3ated aetivities the council's work plan for the current calendar year. The report 
must also include an evaluation of the council's effectiveness in meeting the requirements 
of this chapter and the adequacy of available staffing resources. The report may include 
recommendations for changes to law regarding energy policy. After reeeiving a receipt 
and review of the annual report required under this subsection, the joint standing 
committee of the Legislature having jurisdiction over utilities and energy matters may 
reflort out submit legislation relating to energy policy.' 
SUMMARY 
This amendment is the majority report of the committee. The amendment makes the 
following changes to Part A of the bill regarding the designation of energy infrastructure 
corridors and development of energy infrastructure within such corridors. 
1. It limits the Public Utilities Commission's authority to designate energy 
infrastructure corridors in several ways. It eliminates the provision of the bill that allows 
the commission to commence a proceeding to designate a corridor on its own action. It 
allows the commission to commence such a proceeding only upon the petition of the 
Executive Department, Governor's Office of Energy Independence and Security, the 
Office of the Public Advocate or a developer who can demonstrate to the commission the 
technical and financial capability to develop energy infrastructure. It specifies that the 
commission may designate a corridor only through major substantive rulemaking. It 
requires that the commission limit the geographic area of the corridor and prohibits the 
commission from designating a corridor that is located on certain lands, including tribal 
lands, state park lands and federally owned lands. It expands the list of entities with 
whom the commission must consult prior to designating a corridor. 
2. It clarifies and adds greater specification to the provisions of the bill regarding the 
requirements for development and construction of energy infrastructure within a corridor 
in several ways. 
It requires potential developers to obtain either a certificate of public 
convenience and necessity or a corridor use certificate from the Public Utilities 
Commission and obtain a consolidated environmental permit from the Department of 
Environmental Protection. The corridor use certificate is required for projects that are not 
covered by existing law related to certificates of public convenience and necessity for 
transmission lines, and an application for a corridor use certificate must be processed in 
an adjudicatory proceeding. The amendment clarifies the environmental review process 
that is required for proposed energy infrastructure projects and provides for the issuance 
of a consolidated environmental permit by the Department of Environmental Protection 
to take the place of any other permits or licenses the department would otherwise require 
for the proposed project. 
3. It largely replaces the language in the bill regarding eminent domain authority to 
clarify and limit the eminent domain authority of transmission and distribution utilities, 
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holders of corridor use certificates who are not transmission and distribution utilities and 
the Public Utilities Commission within an energy infrastructure corridor. The 
commission's eminent domain authority is specifically limited: the authority may only be 
exercised in an adjudicatory proceeding upon petition of the Office of the Public 
Advocate or the Governor's Office of Energy Independence and Security demonstrating 
that such action is urgently needed to avoid substantial harm to electricity consumers 
regarding anticipated activity associated with an energy infrastructure corridor; the 
amount of land or easement taken is limited to that required to prevent the identified harm 
to consumers; and the authority does not apply to personal property, fixtures and 
improvements that constitute transmission and distribution plant. The amendment 
authorizes the commission, in an adjudicatory proceeding and upon petition of the Office 
of the Public Advocate or the Governor's Office of Energy Independence and Security, to 
transfer lands or easements acquired by eminent domain provided that a transmission and 
distribution utility is given the right of first refusal. The amendment also requires the 
commission to report to the joint standing committee of the Legislature having 
jurisdiction over utilities and energy matters on the circumstances of any taking by 
eminent domain. 
4. It adds language to clarify that the provisions regarding energy infrastructure 
corridor designation and development do not modify existing restrictions on providing 
service within a utility's service territory. 
5. It requires the Public Utilities Commission to adopt by rule standards and 
procedures to implement the energy infrastructure corridor laws. The bill permits but 
does not require such rulemaking. 
The amendment makes the following changes to Part B of the bill regarding long-
term contracting authority. 
1. It replaces the provision of the bill that authorizes the commission to direct 
investor-owned transmission and distribution utilities to enter into contracts for 
differences and other financial instruments with a provision that authorizes the 
commission to permit, but not require, such utilities to enter into contracts for differences, 
but not other financial instruments. 
2. It eliminates the provision of the bill that authorizes the commission to enter into 
contracts for differences and other financial instruments. 
3. It adds provisions to direct the commission to allow transmission and distribution 
utilities to submit bids for interruptible, demand response or energy efficiency resources 
and to ensure that long-term contracts are consistent with the State's goals for greenhouse 
gas reduction. 
4. It adds language to allow an investor owned-transmission and distribution utility to 
recover in rates any gains or losses derived from contracts for differences. 
The amendment makes the following changes to Part C of the bill regarding the 
Governor's Office of Energy Independence and Security. 
1. It adds several duties of the Director of the Governor's Office of Energy 
Independence and Security beyond the duties specified in the bill. The additional duties 
include working in collaboration with utilities and state agencies to negotiate agreements 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 885, L.n. 2255 
with developers of renewable generation in order to create value for Maine consumers 
and monitoring policy, planning and regulatory approval processes relating to energy 
transmission capacity and the development of energy infrastructure. 
2. It adds a provision to repeal language in existing law that requires the Executive 
Department, State Planning Office to formulate a biennial state energy resources plan. 
Instead the Governor's Office of Energy Independence and Security is required to prepare 
and submit a comprehensive state energy plan every 2 years. 
3. It amends the provision in the bill relating to the membership of the Energy 
Resources Council to provide that, for each state agency represented on the council, the 
member is the executive head of that agency or that person's designee. 
4. It clarifies the contents of the Energy Resources Council's work plan and its 
inclusion in the council's annual report to the Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/02/08 :Jtvac:.. 
LD 2255 
LR 3411(02) 
An Act To Protect Maine's Energy Sovereignty through the Designation of Energy Infrastructure 
Corridors and Energy Plan Development 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ,tt " 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
The additional costs associated with this legislation can be absorbed by the Department of Environmental Protection, 
the Public Utilities Commission, the Governor's Office of Energy Independence and Security, and the Public Advocate 
utilizing existing budgeted resources. 
LR3411(02) - Fiscal Note - Page 1 of 1