An Act To Enhance Maine's Energy Independence and Security
Maine Legislature, Session 123, LD 1068
Committee: Utilities and Energy
Sponsors: PIEH, BARTLETT, ADAMS, BLANCHARD, BLISS, FITTS, FLETCHER, HINCK, MARRACHE, RAYE
Amends: 35-A MRSA §3210

Legislative Document 
No. 1068 
H.P.786 
House of Representatives, March 6, 2007 
An Act To Enhance Maine's Energy Independence and Security 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative PIEH of Bremen. 
Cosponsored by Senator BARTLETT of Cumberland and 
7J1~ 
/J7.17ldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, BLANCHARD of Old Town, BLISS of South Portland, 
FITTS of Pittsfield, FLETCHER of Winslow, HINCK of Portland, Senators: MARRACHE of 
Kennebec, RAYE of Washington. 
Prmteu on recyc leu paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 35-A MRSA §3210, sub-§3, as amended by PL 1999, c. 398, Pt. I, §3, is 
further amended to read: 
3. Portfolio requirements. As a condition of licensing pursuant to section 3203, 
each competitive electricity provider in this State must demonstrate in a manner 
satisfactory to the commission that no less than 30% of its portfolio of supply sources for 
retail electricity sales in this State is accounted for by eligible resources. If a competitive 
electricity provider represents to a customer that the provider is selling to the customer a 
portfolio of supply sources that includes more than 30% eligible resources, the resources 
necessary to supply more than 30% of that customer's load may not be applied to meet the 
aggregate 30% portfolio requirement. 
Rules adopted under this subsection are major 
substantive rules pursuant to Title 5, chapter 375, subchapter H-A 2-A. 
A. Effective January 1, 2008, each competitive electricity provider in this State must 
demonstrate in a manner satisfactory to the commission that no less than 1 % of its 
portfolio of supply sources for retail electricity sales in this State is accounted for by 
new capacity resources as defined under section 3210-C, subsection 1, paragraph C. 
Resources described under this paragraph are qualifying resources for this paragraph 
only. 
B. Each January 1 st after January 1, 2008, a competitive electricity supplier must 
demonstrate that its portfolio includes an additional 1 % per annum from qualifying 
new capacity resources, starting with 2% on January 1, 2009 and ending with 10% on 
January I, 2017. 
C. 
If by March 31, 2010 the commission determines that the provisions of 
paragraphs A and B have not been successful in the years 2008 and 2009 in 
stimulating investment in new capacity resources and that the resulting alternative use 
of renewable energy credits has burdened ratepayers without providing the benefits of 
new capacity resources, the commission may suspend all or part of the percentage 
provisions of paragraphs A and B and report to the joint standing committee of the 
Legislature 
having 
jurisdiction 
over 
utilities 
and 
energy 
matters 
with 
recommendations for alternative actions to stimulate investment in new renewable 
capacity. 
D. Similarly, in every 2nd year beginning in 2012, if the commission determines by 
March 31 st of that year that investment in new capacity resources is not sufficient to 
meet the provisions of paragraphs A and B, the commission may suspend part or all 
of the percentage provisions of paragraphs A and B and make recommendations for 
further action to the Legislature. 
Sec. 2. 35-A MRSA §3210, sub-§8, as enacted by PL 2005, c. 646, §2, is further 
amended to read: 
8. Credit trading. The commission shall allow competitive electricity providers to 
satisfy the portfolio requirements of subsection 3 through the use of renewable energy 
credits if the eommission determines that a reliable s~'stem of electrical attribute trading 
~. 
Page I - 123LR1281(OI)-1 
SUMMARY 
This bill amends the section of law that established targets for the State to increase its 
proportions of electricity supplied by new renewable generating capacity. It specifies that 
each competitive electricity provider must demonstrate that no less than 1 % of the 
portfolio of supply sources for retail electricity sales is accounted for by new capacity 
resources with an established goal of 10% in 2017. It provides a preventive mechanism 
that would permit the Public Utilities Commission to suspend all or part of the plan if 
new investment is not being stimulated. 
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