An Act To Make Certain Cha~ges to the Laws Governing Approval for Transmission Lines
Maine Legislature, Session 124, LD 1155
Committee: Utilities and Energy
Sponsors: HOBBINS
Amends: 35-A MRSA §3132

MAINE STATE LEGISLATURE 
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124thMAINE LEGISLATURE 
Legislative Document 
1155 
S.P.427 
In Senate, March 25,2009 
An Act To Make Certain Cha~ges to the Laws Governing Approval 
for Transmission Lines 
Submitted by the Public Utilities Commissionpursuant to Joint Rule 204. 
Rt:ference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator HOBBINS of York. 
Printed on recycled paper 
9tf)tY~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 35-A MRSA §3132, sub-§2-A, as enacted by PL 2003, c. 506, § 13, is 
repealed. 
Sec. 2. 35-A MRSA §3132, sub-§2-B, as enacted by PL 2003, c. 506, § 13, is 
repealed. 
Sec. 3. 35-A MRSA §3132, sub-§3, asam~nded by PL 1999, c. 398, Pt. A, §46 
and affected by § § 1 04 and 105, is fmiher amended to read: 
. 
3. Transmission line rebuilding or "elocation p.·ojects. Each transmission and 
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distribution utility shall file annually with the commission a ~chedule of transmission line 
rebuilding or relocation projects that it intends t6 .carry out during the next 5 years 
concerning transmission lines that will become, or will remain at, voltages of -l-GG 69 
kilovolts or more. The schedule must describe each project, showing the length, location 
and estimated cost. 
If the commission determines that an investigation of any transmission line rebuilding or 
·relocation project is warranted, it shall notify the transmission and distribution utility 
within 60 days of the annual filing and the. transmission and distribution utility is then 
required to comply with the provisions of this section with respect to that project. The 
absence of commission notification requiring the utility to file a petition does not 
preclude such notification in subsequent years. 
Sec. 4. 35-A MRSA §3132, sub-§3-A, as amended by PL 1999, c. 398, Pt. A, 
§46 and affected by §§ 1 04 and 105, is further amended to read: 
3-A,' Minor transmission line construction projects. Each domestic transmission 
and distribution utility shall file annually with the commission a schedule of minor 
transmission line construction projects that it intends to carry out during the next 5 y~ars 
concerning transmission lines that will be capable of operating at -l-GG 69 kilovolts or 
more. A minor transmission line construction project is a trans~ission line construction 
project the cost of which does not exc:eed 25% of the utility's current annual transmission 
property depreciation charge. 
The schedule must describe each project, showing the 
length, location and estimated cost. 
If the commISSIOn· determines that an investigation of any minor transmission line 
construction project is warranted, it shall notify the transmission and distribution utility 
within 60 days of the annual filing and the utility must then comply with the provisions of 
this section with respect to .that project. 
The absence of commission notification 
requiring the utility to file a petition does not preclude such notification in subsequent 
yea~. 
. 
Sec. 5. 35-A MRSA §3132, sub-§6, as amended by PL 2007, c. 148, §5, 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 
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ttansmission line. If the commission fillds 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. A person may 
submit a petition for and obtain approval of a proposed transmission line under this 
section before applying for approval under municipal ordinances adopted pursuant to 
Title 30-A, PaJ1 2, SubpaJ1 6-A; and Title 38, section 438-A and, except as provided in 
subsection 4, before identifying a specific rOlite 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 cel1ificate of pubiic convenience and 
necessity establishes that, as of the date of issuance of the cel1ificate, the decision by the 
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 municipalit'j 
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 Qr otherwise affect 
municipal authority to regulate the siting of the proposed tj"ansmission line. 
The 
commission may deny a cel1ificate of public convenience and necessity for a transmission 
line upon a finding that the transmission line is reasonably likely to adversely affect any 
transmission and distribution utility or its customers. 
Sec. 6. 35-A MRSA §3132, sub-§13, as enacted by PL 2007, c. 148, § II, is 
amended 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 follo,~cing conditions are met: person has received a 
certificate of public convenience and necessity from the commission pursuant to this 
section.' 
. 
A. . For a transmission line. subject to the requirements of subsection 2, the person has 
received a certificate of p.ublic convenience and necessity from the commission 
pursuant to this section; or 
B. For atransmission 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 'ivritten 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 
requirem"ent to file a petition for approval of the proposed transmission line in 
accordance 'tvithsubsection 2, and: 
. 
(a) The commission has, "as a result of the investigation, issued a certificate 
'of nllhlic convenience and necessitv for the transmission line: or 
(b) The commission has determined that an investigation is no longer needed 
in this instance and has terminated the investi!!ation. 
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, i'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 o~ other conveyance of land. 
SUMMARY 
Public Law 2007, chapter 575 lowered the threshoW for reqiIiring a certificate of 
public convenience and necessity for a transmission line from 100 kilovolts. to 69 
kilovolts. This bill removes language rendered unnecessary in light of that change in the 
law. 
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