An Act To
Maine Legislature, Session 123, LD 1221
Committee Amendment CA_A_S412 (Senate)

COMMITTEE AMENDMENT" Jl" to S.P. 422, L.D. 1221, Bill, "An Act To 
Amend the Charter of the Kennebunk Light and Power District" 
Amend the bill in section I in section 3 in the 9th line (page I, line II in L.D.) by 
inserting after the following: "electric service." the folIowing: 'Extension of service by the 
district to any area of the Town of Kennebunk beyond the territory served by the district 
on November 7, 2006, may not occur unless the district has acquired by purchase the 
plants, properties, rights, privileges and franchises of any other public utility furnishing 
electric service to the public in that area of the Town of Kennebunk. Notwithstanding the 
Maine Revised Statutes, Title 35-A, sections 2102, 2105 and 2110 as amended, extension 
of service by the district within the Town of Kennebunk is not subject to the consent of 
the Public Utilities Commission.' 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. P&SL 1951, c. 53, §4 is amended to read: 
Sec. 4. Power of sale and purchase. The Kennebunk Light and Power District 
is authorized to acquire by purchase the plants, properties, rights, privileges and 
franchises of any public utility now furnishing electric service to the public within the 
territorial limits of the district and after acquisition shall have, hold, exercise and enjoy in 
its own name all of the plants, properties, rights, privileges and franchises as though 
originally granted to it, and the public utility is authorized to convey its plants, properties, 
rights, privileges and franchises to the Kennebunk Light and Power District. Any public 
utility now furnishing electric service to the public within the territorial limits of sate the 
district is flereby authorized to acquire by purchase the plants, properties, rights, 
privileges and franchises of the Kennebunk Light and Power District and after acquisition 
shall have, hold, exercise and enjoy in its own name all of said plants, properties, rights, 
privileges and franchises as though originally granted to it, and sate the Kennebunk Light 
and Power District is fle.Feby authorized to convey its plants, properties, rights, privileges 
and franchises to soolt the public utility.' 
Amend the bill by inserting after section 2 the following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A 
"to S.P. 422, L.D. 1221 
'Sec. 3. Stranded costs. If the Kennebunk Light and Power District purchases the 
plants, properties, rights, privileges and franchises of a public utility pursuant to Private 
and Special Law 1951, chapter 53, section 4, as amended by this Act, the district shall 
pay to the utility an amount to be determined by the Public Utilities Commission to be a 
reasonable allocation of the utility's stranded costs. The Public Utilities Commission shall 
make its determination of the amount the district must pay based on the commission's 
initial determination of the utility's stranded costs pursuant to the Maine Revised Statutes, 
Title 35-A, section 3208. Beginning on the date of purchase, the Kennebunk Light and 
Power District becomes liable for those stranded costs allocated to the district by the 
Public Utilities Commission under this Act. The method and timing of payments by the 
district to the utility must be established by agreement between the district and the utility 
or, agreement failing, on a schedule determined by the Public Utilities Commission.' 
Amend the bill by striking out all of section 3 and inserting the following: 
'Sec. 3. Resolve disagreements; independent appraisal. The Public Utilities 
Commission is authorized to resolve by hearing and order: 
1. Any disagreement or dispute between the Kennebunk Light and Power District, 
referred to in this section as "the district," and any public utility as to the valuation of 
facilities that the district seeks to acquire under Private and Special Law 1951, chapter 53, 
section 4, as amended by this Act; 
2. Any disagreement or dispute between the district and the public utility regarding 
payment to compensate the public utility's remaining customers for costs incurred as a 
result of the migration of customers to the district as the result of any acquisition of 
facilities by the district under Private and Special Law 1951, chapter 53, section 4, as 
amended by this Act; 
3. 
Any issue with respect to the severance or realignment of facilities rated 50 
kilovolts or below resulting from any acquisition of facilities by the district from the 
public utility; and 
4. Any disagreement or dispute regarding the use of poles and related issues during 
any transfer of property resulting from the acquisition of facilities by the district from the 
public utility. 
In the event that there is a disagreement or dispute between the district and the public 
utility as to the valuation of facilities, the Public Utilities Commission shall obtain an 
independent appraisal of the value of the facilities from a person with expertise in the 
appraisal of electric utility properties. The district and the public utility shall jointly 
select the person to conduct the appraisal or, agreement failing, the Public Utilities 
Commission shall make the selection.' 
Amend the bill in section 4 in the 3rd line (page I, line 35 in L.D.) by striking out the 
following: "2008" and inserting the following: '2009' 
Amend the bill in section 4 in the referendum question in the 2nd line (page 2, line 2 
in L.D.) by inserting after the following: "Kennebunk" the following: 'if the district 
arranges the purchase of Central Maine Power Company's facilities within the town' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 422, L.D. 1221 
Amend the bill in section 4 in the last indented paragraph in the last line (page 2, line 
lOin L.D.) by striking out the following: "2008" and inserting the following: '2009' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the majority report of the committee. 
The purpose of this bill, as amended by the majority report, is to address the unique 
circumstance of a geographic line drawn by the Legislature in 1903 that has divided 
electricity supply in the Town of Kennebunk for nearly 115 years. This line, which carves 
out a portion of the Kennebunk Light and Power District territory to be served by another 
public utility, warrants the enactment of special legislation to allow the Kennebunk Light 
and Power District to purchase the plant and property of the public utility that currently 
furnishes electric service within the district's territory in the Town of Kennebunk and, 
upon purchase, to extend service to all inhabitants of Kennebunk. 
The amendment makes the following changes to the bill. 
1. It clarifies that extension of service by the Kennebunk Light and Power District, 
within the Town of Kennebunk, but beyond its current service territory, may not occur 
unless the district has acquired by purchase the facilities of the public utility now 
furnishing electricity service to that area of Kennebunk outside the district's current 
service territory. 
2. It amends the bill "to restore the language in the district charter" regarding the 
district's authority to convey its property to another public utility now furnishing service 
within the Town of Kennebunk. 
3. It adds a provision to the bill to require that, in the event of a purchase, the district 
pay the utility for stranded costs and requires the Public Utilities Commission to calculate 
the value of stranded costs and allocate the appropriate costs to the district. 
4. It adds a provision to the bill to authorize the Public Utilities Commission to 
resolve any disputes regarding payment to compensate the public utility's remaining 
customers for costs incurred as a result of the migration of customers to the district, in the 
event that a sale occurs, as well as any disputes regarding the use of poles and related 
issues during the transfer of property. 
5. It adds a provision to require that, in the event of a dispute or disagreement over 
the value of the facilities the district seeks to purchase, the Public Utilities Commission 
obtain an independent appraisal of the value of the utility facilities. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 01/30108 frac.. 
LD 1221 
LR 102(02) 
An Act To Amend the Charter of the Kennebunk Light and Power District 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'i4 " 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
The additional costs to the Public Utilities Commission can be absorbed utilizing existing budgeted resources. 
LRO I 02(02) - Fiscal Note - Page 1 of I