An Act To Promote Electricity Transmission Independence
Maine Legislature, Session 123, LD 1098
Committee: Utilities and Energy
Sponsors: BLISS
Amends: 35-A MRSA §3204-A

Legislative Document 
No. 1098 
H.P.816 
House of Representatives, March 6, 2007 
An Act To Promote Electricity Transmission Independence 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative BLISS of South Portland. 
Printed on m.:ycled paper 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 35-A MRSA §3204-A is enacted to read: 
§3204-A. Divestiture of transmission 
1. 
Authority. 
The commission may, after an adjudicatory hearing conducted 
pursuant to section 1305, order a transmission and distribution utility to divest or 
otherwise transfer control or operation of some or all of its transmission or transmission-
related assets if the commission finds that the utility constructed a transmission line 
without approval pursuant to subsection 3 or the divestiture: 
A. Will lower the costs of electricity to consumers in the State; 
B. Will not have a negative impact on the operation of the transmission system; and 
C. Is in the public interest. 
2. 
Independent transmission company. If the commission orders a transmission 
and distribution utility to divest or otherwise transfer control or operation of some or all 
of its transmission or transmission-related assets pursuant to subsection 1, the 
commission may order the transmission or transmission-related assets to be sold or 
transferred to an independent transmission company approved by the Federal Energy 
Regulatory Commission or a successor agency. 
3. 
Construction of transmission line without aDDroval The commission may 
investigate pursuant to section 1303 if a transmission and distribution utility began 
construction of a transmission line under federal authority after the commission declined 
to issue a certificate of public convenience and necessity for the transmission line 
pursuant to section 3132. 
4. Approval. The terms of a divestiture or transfer of transmission or transmission-
related assets ordered to be divested or transferred pursuant to subsection 1 must receive 
approval by order of the commission before the terms may be carried out. 
5. Compensation. The commission shall ensure that a transmission and distribution 
utility receives fair compensation for the transfer or divestiture of that utility's 
transmission or transmission-related assets pursuant to this section. 
6. Timing:. A transmission and distribution utility must complete the divestiture or 
transfer of transmission or transmission-related assets within 12 months of an order to 
divest or transfer pursuant to subsection 1 unless the commission grants an extension. 
The commission may grant an extension of time to comply with an order issued pursuant 
to subsection 1 if the commission finds that the transmission and distribution utility 
requesting the transfer has acted in good faith to complete the divestiture or transfer in a 
timely manner. 
Page I - 123LRI473(OI)-1 
SUMMARY 
This bill allows the Public Utilities Commission to order the transfer or divestiture of 
a transmission and distribution utility's transmission or transmission-related assets if the 
commission finds it will lower costs of electricity to consumers in the State, will not have 
a negative impact on the operation of the transmission system and is in the public interest 
or if the commission finds that the utility constructed a transmission line without 
approval.