An Act To Limit the Eminent Domain Authority of a Transmission and Distribution Utility
Maine Legislature, Session 123, LD 0678
Committee Amendment CA_A_S62 (Senate)
Amends: 35-A MRSA §3132, 35-A MRSA §3136

COMMITTEE AMENDMENT ",A "to S.P. 215, L.D. 678, Bill, "An Act To Limit 
the Eminent Domain Authority of a Transmission and Distribution Utility" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Eminent Domain Authority and Certificate of Public 
Convenience and Necessity Requirements for the Construction of 
Transmission Lines' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 35-A MRSA §3132, first~, as amended by PL 1999, c. 398, Pt. A, §46 
and affected by §§ 104 and 105, is further amended to read: 
A traRsmission and distribution utility Except as provided in subsection I-B, a person 
may not construct any transmission line covered by subsection 2 or rebuild or relocate 
any transmission line as investigated by the commission under subsection 3 unless the 
commission has issued a certificate of public convenience and necessity approving 
construction. 
Sec. 2. 35-A MRSA §3132, sub-§l-B is enacted to read: 
I-B. 
Exception; generator interconnection transmission facility. 
The 
construction of a generator interconnection transmission facility is not subject to the 
requirements of this section. For the purposes of this subsection, "generator 
interconnection transmission facility" means a transmission line, together with all 
associated equipment and facilities, that is constructed, owned and operated by a 
generator of electricity solely for the purpose of electrically and physically 
interconnecting such generator to the transmission system of a transmission and 
distribution utility. 
COMMITTEE AMENDMENT 
· \" 
/~. -
<,. 
COMMITTEE AMENDMENT "Jt .. to S.P. 215, L.D. 678 
Sec. 3. 35-A MRSA §3132, sub-§2, as amended by PL 2003, c. 506, § 12, is 
further amended to read: 
2. Construction of transmission line. Except as otherwise provided in subsection 
3-A, whenever any tnmsmissiofl aHd distriblitiofl mility or milities propose person 
proposes to erect within this State a transmission line capable of operating at 100 
kilovolts; or more, or a transmission line capable of operating at 69 kilovolts or more that 
is proposed to be financed, permitted, constructed, owned in whole or in part or operated 
by the Northern Maine Transmission Corporation pursuant to Title 10, chapter 1003 or 
financed by the Finance Authority of Maine pursuant to Title 10, section 1053, subsection 
6, paragraph F, the litilit)' or litilities or projeet propofleflt that person shall file a petition 
for the approval of the proposed line. 
The petition for approval of the proposed 
transmission line must contain such information as the commission by rule prescribes. 
The petition for approval must be set down for public hearing. The commission shall 
issue its order within 6 months after the petition is filed unless this period is extended 
either by agreement of all the parties or by the commission upon its determination that the 
party seeking the extension would, because of circumstances beyond that party's control, 
be unreasonably disadvantaged unless the extension were granted, provided that the party 
to that time had prosecuted its case in good faith and with due diligence. 
At the time of filing of a petition for approval of a proposed line under this section, the 
utility person filing the petition shall send a copy of the petition by certified mail to the 
municipal officers of the municipality or municipalities in which the line is to be located. 
Sec. 4. 35-A MRSA §3132, sub-§4, as amended by PL 1999, c. 398, Pt. A, §46 
and affected by §§ 1 04 and 105, is further amended to read: 
4. Corridor of proposed transmission line. The traflsmissiofl aHd distriblitiofl 
litilit)' or litilities person filing a petition under this section for approval of a proposed 
transmission line shall submit a map to the commission with its application. The map 
must: 
A. 
Be available to the public at the offices of the commission and at the local town 
office where any portion of the proposed transmission line is to be located; 
B. 
Indicate the proposed corridor or corridors of the transmission line and a 
description of any planned equipment and facilities to be placed there; and 
C. 
Be prepared in cooperation with the appropriate natural resource protection 
agencies and the affected municipalities. 
Sec. 5. 35-A MRSA §3132, sub-§6, as amended by PL 1999, c. 398, Pt. A, §46 
and affected by §§ 104 and 105, is further amended to read: 
6. 
Commission order; certificate of public convenience. 
In its order, the 
commission shall make specific findings with regard to the need for the proposed 
transmission line. If the commission finds that a need exists, it shall issue a certificate of 
public convenience and necessity for the transmission line. If the commission orders or 
allows the erection of the transmission line, the order is subject to all other provisions of 
law and the right of any other agency to approve the transmission line. The traflsmissiofl 
afld distriblitiofl utilit)' A person may submit a petition for and obtain approval of a 
proposed transmission line under this section before applying for approval under 
COMMITTEE AMENDMENT 
• <1(;,. 
.... -
4< •... , 
• 
COMMITTEE AMENDMENT /'1 "to S.P. 215, L.D. 678 
municipal ordinances adopted pursuant to Title 30-A, Part 2, Subpart 6-A; and Title 38, 
section 438-A and, except as provided in subsection 4, before identifYing a specific route 
or route options for the proposed transmission line. Except as provided in subsection 4, 
the commission may not consider the petition insufficient for failure to provide 
identification of a route or route options for the proposed transmission line. The issuance 
of a certificate of public convenience and necessity establishes that, as of the date of 
issuance of the certificate, the decision by the tltifi.ty person to erect or construct was 
prudent. At the time of its issuance of a certificate of public convenience and necessity, 
the commission shall send to each municipality through which a proposed corridor or 
corridors for a transmission line extends a separate notice that the issuance of the 
certificate does not override, supersede or otherwise affect municipal authority to regulate 
the siting of the proposed transmission line. 
Sec. 6. 35-A MRSA §3132, sub-§7, as amended by PL 1999, c. 398, Pt. A, §46 
and affected by § § 104 and 105, is further amended to read: 
7. Environmental protection agency modification. If the commission has issued a 
certificate of public convenience and necessity for a proposed transmission line and the 
Board of Environmental Protection in an order under Title 38, section 484 makes a 
modification in the location, size, character or design of the transmission line, the 
compaRy person proposing the transmission line shall: 
A. Deliver a copy of the order to the commission; and 
B. State the nature of the modifications and all cost adjustments occasioned by the 
modifications to the cost of the proposed transmission line relied upon by the 
commission in issuing its certificate of public convenience and necessity under this 
section. 
Sec. 7. 35-A MRSA §3132, sub-§8, as amended by PL 1999, c. 398, Pt. A, §46 
and affected by §§ 104 and 105, is further amended to read: 
8. Cost adjustments. If the cost adjustments specified in subsection 7 exceed the 
cost relied upon by the commission in the original proceeding under this section by more 
than 20% of the original cost, the tltifi.ty person may not proceed with any construction of 
the proposed transmission line, the commission's original certificate of public 
convenience and necessity notwithstanding. The commission, upon notification of the 
cost increase, shall: 
A. 
Reopen its original decision concerning the transmission line; 
B. Make specific findings with regard to the need for the transmission line to the 
same extent and with the same authority as if the compaRY's person's petition for 
approval were before it; and 
C. 
Except as modified in this section, retain all authority granted to it under section 
1321. 
Sec. 8. 35-A MRSA §3132, sub-§9, as amended by PL 1999, c. 398, Pt. A, §46 
and affected by §§ 1 04 and 105, is further amended to read: 
9. 
Filing fee; waiver of fee. 
When a petition is filed under this section, the 
traRsmissioR aRd distributioR utility or utilities person or persons involved shall pay to the 
COMMITTEE AMENDMENT 
, "j" 
..,..,. 
\t~·· . 
COMMITTEE AMENDMENT ';4 "to S.P. 215, L.D. 678 
commission an amount equal to 211 00 of 1 % of the estimated cost to erect, rebuild or 
relocate the transmission line provided that in the case of a petition filed under subsection 
2, the fee is 411 00 of 1 %. The atiJ.itr person may, at the time of the filing of notice of its 
intent to file the petition, or, in the case of lines subject to subsection 2, at the time of the 
filing of the petition, request the commission to waive all or a portion of the filing fee. 
The commission shall rule on the request for waiver within 30 days. 
Filing fees paid as required under this subsection must be segregated, apportioned and 
expended by the commission for the purposes of this section. Any portion of the filing fee 
that is received from any atiJ.itr person and is not expended by the commission to process 
the petition for a certificate of public convenience and necessity must be returned to the 
HttHty person. 
Sec. 9. 35-A MRSA §3132, sub-§l1-A, as amended by PL 1999, c. 398, Pt. A, 
§46 and affected by §§ 104 and 105, is further amended to read: 
ll-A. Amendments, extensions and renewals of contracts originally subject to 
commission approval. This section applies to any amendment, extension or renewal of 
any contract between the I:Itility a person and other parties with an ownership interest 
governing the terms of their participation in the construction of a transmission line 
subject to this section, if the original contract was subject to approval by the commission. 
The commission may waive the approval requirements of this section with respect to a 
particular amendment, extension or renewal or a group of amendments, extensions or 
renewals upon request. If the commission does not respond to a request for waiver within 
days, the request is deemed to have been granted. The commission shall prescribe by 
rule the content of a request for waiver and procedures for the expeditious processing of 
requests in certain circumstances. 
Sec. 10. 35-A MRSA §3132, sub-§l1-B, as enacted by PL 1993, c. 91, §3, is 
amended to read: 
ll-B. Amendments, extensions and renewals of contracts not originally subject 
to commission approval. For any amendment, extension or renewal of any contract 
otherwise subject to this section, but when the original contract was not subject to 
approval by the commission, the titility person shall file a copy of the proposed 
amendment, extension or renewal with the commission within 7 days of the day when the 
utility receives notice of the proposal, but approval under this section is not required. 
Sec. 11. 35-A MRSA §3132, sub-§13 is enacted to read: 
13. Public lands. The State, any agency of the State or any political subdivision of 
the State may not sell, lease or otherwise convey any interest in public land, other than a 
future interest or option to purchase an interest in land that is conditioned on satisfaction 
of the terms of this subsection, to any person for the purpose of constructing a 
transmission line, unless the following conditions are met: 
A. For a transmission line subject to the requirements of subsection 2, the person has 
received a certificate of public convenience and necessity from the commission 
pursuant to this section; or 
COMMITTEE AMENDMENT 
, 4ii, .. 
~. 
\,,"" 
COMMITTEE AMENDMENT ''A "to S.P. 215, L.D. 678 
B. For a transmission line capable of operating at 69 kilovolts or more but less than 
kilovolts that is not subject to the requirements of subsection 2, the person has 
provided written notice of the proposed transmission line to the commission and: 
(1) Within 30 days of the filing of the notice, the commission has not acted to 
initiate an investigation of the proposed transmission line; or 
(2) Within 30 days of the filing of the notice, the commission has initiated an 
investigation of the proposed transmission line and notified the person of the 
requirement to file a petition for approval of the proposed transmission line in 
accordance with subsection 2, and: 
(a) The commission has, as a result of the investigation, issued a certificate 
of public convenience and necessity for the transmission line; or 
(b) The commission has determined that an investigation is no longer needed 
in this instance and has terminated the investigation. 
As used in this subsection, "public land" means land that is owned or controlled by the 
State, by an instrumentality of the State or by a political subdivision of the State. 
As used in this subsection, "future interest or option to purchase an interest in land" 
includes an option, purchase and sale agreement or other equivalent legal instrument that 
conveys the intent to pursue a future sale, lease or other conveyance of land. 
Sec. 12. 35-A MRSA §3136, sub-§I, as amended by PL 1999, c. 398, Pt. A, §51 
and affected by §§ 1 04 and 105, is further amended to read: 
1. Land necessary for location of transmission lines carrying 5,000 volts. AHy 
Subject to approval by the commission under subsection 4, a transmission and 
distribution utility may take and hold by right of eminent domain lands and easements 
necessary for the proper location of its transmission lines that are designed to carry 
voltages of 5,000 volts or more and of necessary appurtenances, located within the 
territory in which the utility is authorized to do public utility business, in the same 
manner and under the same conditions as set forth in chapter 65. 
Sec. 13. 35-A MRSA §3136, sub-§3, as amended by PL 2001, c. 608, §3, is 
further amended to read: 
3. Prior right to locate distribution lines and appurtenances in right-of-way 
limits of public way. 
TraHsmissioH Subject to approval by the commission under 
subsection 4, transmission and distribution utilities may take and hold by right of eminent 
domain land or easements necessary for the proper location of their distribution lines and 
the necessary appurtenances, but only where the transmission and distribution utilities 
had a prior right to locate their distribution lines and necessary appurtenances in the right-
of-way limits of a public way and the body having jurisdiction over the public way has 
caused the utility to remove its distribution lines and appurtenant structures outside the 
right-of-way limits of the public way. This right does not apply to lands or easements as 
specified in subsection 2, paragraphs B, C, D and E. 
Sec. 14. 35-A MRSA §3136, sub-§4, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read: 
COMMITTEE AMENDMENT 
, 'i" 
, 
~ < 
\\' 
COMMITTEE AMENDMENT ''A "to S.P. 215, L.D. 678 
4. 
Commission approval required; certificate of public convenience and 
necessity; environmental factors. A location to be taken by eminent domain for such 
transmission or distribution lines must be approved by the commission before a 
transmission and distribution utility can exercise the right of eminent domain granted in 
subsection 1 or subsection 3. The commission may not approve a location to be taken by 
eminent domain for the construction, rebuilding or relocation of a transmission line that 
requires a certificate of public convenience and necessity under section 3132, unless the 
commission has issued a certificate of public convenience and necessity for that 
transmission line. 
Environmental factors to be considered for proper location of a 
transmission line are not subject to review by the commission under this section when the 
location of the transmission line has received site location of development approval under 
Title 38, section 484.' 
SUMMARY 
This amendment replaces the bill. 
The amendment requires a transmission and 
distribution utility or other entity proposing to construct a transmission line to notify the 
Public Utilities Commission and in some cases obtain a certificate of public convenience 
and necessity from the commission prior to purchasing or leasing state-owned land for 
the purpose of constructing a transmission line. The amendment provides an exception 
from these requirements for the construction of a generator interconnection transmission 
facility. It also makes changes within the section of law governing the construction of 
transmission lines to provide consistency in the language used to refer to the entity 
proposing to construct a transmission line. The amendment also requires a transmission 
and distribution utility to obtain a certificate of public convenience and necessity from the 
commission for the construction of a transmission line before the utility may exercise the 
right of eminent domain for lands and easements for the location of the transmission line. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/20107 ;:!;?ac.. 
LD678 
LR 762(02) 
An Act To Limit the Eminent Domain Authority of a Transmission and Distribution Utility 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
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. 
LR0762(02) - Fiscal Note - Page 1 of 1