An Act To Amend the Laws Governing Certain Reports and Reviews Related to Utilities and Energy and Certain Positions at the Public Utilities Commission
Maine Legislature, Session 124, LD 1152
Committee: Utilities and Energy
Sponsors: HINCK
Amends: 3 MRSA §959, 5 MRSA §949, 35-A MRSA §120, 35-A MRSA §3195, 35-A MRSA §3214, 35-A MRSA §3217, 35-A MRSA §4706, 35-A MRSA §4711

MAINE STATE LEGISLATURE 
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124th MAINELEGISLATU 
f1'IKS'l' J.<EGULAK SESSIur~-2009 
Legislative Document 
No. 1152 
House of Representatives, March 23, 2009 
An Act To Amend the Laws Governing Certain Reports and 
Reviews Related to Utilities and Energy and Certain Positions at the 
Public Utilities Commission 
Submitted by ,the Public Utilities Commission pursuant to Joint Rule 204., 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative HINCK of Portland. 
Prinled on _recycled pilpt:r 
'77/~d:: frl.1J?tU~{ 
MILLICENT M. MacFARLAND 
Clerk 
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Be it enacted by the People of the Sta~e of Maine as follows: 
Sec. 1. 2 MRS A §6-A, sub-§3, euB, as amended byPL 1981, c. 582, §1, is further 
amended to read: 
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B. Director of finance telephone and water utility industries; 
Sec. 2. 2 MRS A §6-A, sub-§3, ~,as amended by PL 2005, c. 23, § 1, is further 
amended to read: 
D. Drrector of technical analysis electric and gas utility industries; 
Sec. 3. 3 MRSA §959, sub-§l, EUP, a,s amended by PL 2005, c: 605, §2, is further 
amended to read: 
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P. The joint standing committee of the Legislature having jurisdiction over utilities 
and energy matters shall use the following list as a guideline for scheduling reviews: 
(1) Public Advocate in 2005; 
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(2)' Board of Directors, Maine MunicipaJ and Rural Electrification Cooperative 
Agency in 2007; 
(3) 
Public Utilities Commission, including the Emergency Services 
Communication Bureau, in 2007; and 
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(4) The Emergency Services GommurncationBUf'eau within the Public Utilities 
Commission in 2009; and 
(5) Telecommumcations Relay Services Advisory Council in 2013. 
Sec. 4. 
MRSA §949, sub-§l, euB, as enacted by PL 1983; c. 729" §4, is 
amended to read: 
B. Dir~ctor of Finance telephone and water utility industries; 
Sec. 5. 5 MRSA §949, sub-§l,~, as amended by PL 2007, c. 482, §3, is further 
amended to read: 
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D; Director of Technical Analvsis electric and gas utility industries; 
Sec •. 6. 25 MRS A §2927, sub-§5, as amended by PL 1997, c. 409, §1, is further 
aniended to read: 
5. Legislative annual report. The bureau shall report annually, before February 1 st, 
include in the Public Utilities Commission's annual report pursuant to Title 35-A, section 
120, subsection 7 to the joint standing coinmittee of the Legislature having jurisdiction 
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over utilities and energy matters 00: 
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A. The bureau's planned expenditures for the year and use of funds for the previous 
year; 
B. The statewide E-9-1-1 surcharge collected under this section; 
C. -The bureau's recommended statewide E-9-1-1 surcharge for the coming year; and 
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D. The bureau's recommendations for amending existing and enacting new law to 
improve the E-9-1-1 system. 
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Sec. 7. 35-A .MRSA §107, as amended by PL 2007, c. 482, §5, is further amended 
to read: 
§107. The Public Utilities Commission staff 
6. 
The following provisions shall apply to the conunission's staff. 
1. Appointment. The commission shall appoint: 
A. 
An administrative director, a director. of finance telephone and water utility 
industries, a'director of technical analysis electric and gas utility industries, a director 
of energy programs and a director of consumer assistance; 
B. With the. approval of the Attorney General, a general counsel; and 
C. An assistant .administrative director. 
2. Salary and conditions of employment; Salaries and conditions of employment. 
of employees of the commission shall be are as follows. 
. 
. 
. A. 
The general counsel, the administrative director, the assistant administrative 
director, the director of finance telephone and water utility industries, the director of 
technical analysis electric and gas utility industries, the director of energy programs 
and the director of consumer assistance .serve at the pleasure of the commission and 
their salaries must be set by the commission within the ranges established by Title 2, 
section 6-A. 
. 
B. The compensation of the staff attorney and utility analyst positions are fixed by 
the commission with the approval of the Governor, but the compensation may not in 
the aggregate exceed the total amount appropriated or allocated in the commission's 
budget. 
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C. The salaries of the other subordinate officials and employees of the commission, 
other than those of the general counsel, the administrative director, the ·assistant 
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administrative director, the director of finance telephone and water utility industries, 
the director of technical analysis electric and gas utility industries, the director of 
energy programs, the director of consumer assistance and the staff attorney and utility 
analyst positions, are subject to the Civil Service Law. 
E. 
The commissioners and all employees shall receive actual expenses when 
trpveling on .official business. 
3. Commission's access to staff. Each commissioner may have access to the Public 
Utilities COlmnission staff and to any information available to the commission, subj ect to 
the Maine Administrative Procedure Act, Title 5, section 9055. 
4. Delegation of powers ~nd duties to the staff. The commission may delegate to 
its staff such powers and duties as the cormnission finds proper. All delegations existing 
as of the effective date of this section are valid. 
5. Administrative director's duties. The administrative director: 
A. Shall keep a record of the proceedings of theconunission, which shall must b,e 
open to inspection at all times; and 
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B. 
May certify aU official acts of the COlTI1TI1SSlOn, administer oaths and issue 
subpoenas, processes, notices, orders and other documents necessary to the 
performance of the conunissioh's duties. 
6. Assistant administrative director's duties. The assistant administrative director 
shall assistthe director in the perfoD1mnce of hl& the director's duties and in the absence 
of the director shall have has the same power as the director. 
7. Commission counsel. The conunission may employ counsel in any proceeding, 
inve~tigationor trial. 
8. Dismissal. After successful completion of a probationary period, the employees 
occupying the positions of staff attorney and utility analyst may be dismissed, suspended 
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or otherwise disciplined only for cause. 
Sec. 8. 35-A MRSA §120, su b-§4, as amended by PL 2001, c. 13 7, § 1, is further 
arriended to read: 
4. 
Rural issues. 
The conunission's efforts undertaken in accordance with its 
authority under this Title to ensure that rural areas of this State are not disadvaI).taged as 
utility industries are restructured and competitive markets developed. The conunission 
shall identify any rural issues ~hat it has determined may require legislative action; aOO . 
Sec. 9. 35-A MRSA §120, sub-§5, as enacted by PL 2001, c. 137, §2, is amended 
to read: 
5. Telephone exeinptions. The conunission's activities undertaken· pursuant to its 
authority to grant exemptions to telephone utilities from certain portions of this Title7~ 
Sec. 10. 35-A MRS A §120, sUb-:§6 is enacted to read: 
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6. Significant developments. Any significant developments in the utility sectors or 
other areas ofconunission oversight; and 
Sec. 11. 35-A MRSA §120, sub-§7 is enacted to read: 
7. Other. All other subjects that the conunission is required to include in the annual 
report pursuant to law. 
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Sec. 12·. 35-A MRS A §803, as enacted by PL 1991, c. 524, §6, is amended to 
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read: 
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§803. Blocking service 
Where facilities are available, a collecting utility shall provide all one-party 
residential and single-line business telephone subscribers with an opportunity to block the 
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access of audiotext service providers to subscribers' telephone lines free of charge and 
with an opportunity to reopen such access. A utility may not charge for customers' first 
exercise of either option. 
Thereafter, collecting utilities shall continue 'to offer 
subscribers the ability to block and reopen such access, but may charge a fee for 
provision of this service, which may not exceed $5· for each occasion on which the 
service is provided. Every 4 years, beginning on January 1, 1995, the commission shall 
revis\v the appropriateness of this $5 fee and shall rep0l1 to the joint standing commitfee 
of the, Legislature having jurisdiction over utility matters its recommendations for any 
change in the fee. The colleCting utility may appeal to the commission for ,an extension 
to meet the requirements of this section. The commission may, for good cause shown, 
grant an extension. 
Sec. 13. 35-A MRSA §3195, sub-§5, as enacted by PL 1991, c.413, §1 and 
affected by §2, is amended to read: 
5. Report. The commission shall submit to the joint standing committee of the 
Legislature having jurisdiction over utilities matters an annual report detailing include in 
its annual report pursuant to section 120, subsection 6 any significant developments with 
respect to any actions taken or proposed to be taken by the commission under this section~ 
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including actions or proposed actions on mechanisms for protecting ratepayers from the 
transfer of risks associated 'lAth ,rate adjustment mechanisms. The report must be 
submitted bv December 31 st of each year. 
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Sec. 14. 35-A MRSA §3214, sub-§6, as enacted by PL 2007, c. 97,§3, IS 
amended to read: 
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6. Annual report. The commission shall include in its annual report pursmint to 
section 120, subsection 7 a report by November 1st of each year to the joint standing 
committee of the Legislature having jurisdiction over utilities and energy matters on low-
income assistance programs established or approved under subsectIon 2 or 3 and any 
equitable-treatment program established pursuant to subsection 5. The report must, at a 
minimum, include: 
A. For each month of the program year, the number of participants enrolled in low-
income assistance programs, the number receiving oxygen pump benefits and the 
immber receiving ventilator benefits; 
B. For each month of the program year, the dollar amount of low-income assistance 
program benefits, the dollar amount of oxygen pump benefits and the dollar amount 
of ventilator benefits; and 
C. An assessment of the effectiveness of the oxygen pump benefit and the ventilator 
benefit with regard to covering only those electric charges directly related to use of 
, an oxygen pump or ventilator by the program participant. 
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Sec. 15. 35-A MRSA §3217, sub-§I, as amended by PL 2001, c. 528, §2, is ' 
further 'amended to read: 
1. Annual restructuring report. On December 31 st of each calendar year, the The 
commission shall submit to the ioint standine: committee of the Lee:islature havine: 
jurisdiction over utility matters include in its annual report pursuant to section 120, 
subsection 7 a report describing the commission's activities in carrying out the 
requirements of this chapter and the activities relating to changes in the regulation of 
electric utilities in other states. 
In its report the commission shall provide an accounting of the commission's actual and 
estimated future costs of enforcing and implementing the provisions of this chapter 
governing the relationship between. a transmission and distributiori utility and an affiliated 
competitive electricity provider and the costs incurred by transmission and distribution 
utilities in complying ''lith 'those provisions. The commission shall also. provide an 
assessment of the effects of imposing these costs on ratepayers and the potential effects of 
assessing transmission and distribution utilities for these costs and prohibiting the costs 
from being passed through to ratepayers. 
No later than December 1, 2002, the commission shall submit to the joint standing 
committee of the Legislature having jurisdiction over utility matters the report required 
under section 3212, subsection 4, with recommendations for action by the Legislature. 
Sec. 16. 35-A MRSA §4706, sub-§9, as enacted by PL 1997, c. 707, §10, is 
amended to read: 
9. Report. The commission shall submit to the joint standing committee of the 
Legislature having jurisdiction over utilities matters an annual report detailing include in 
its aimual report pursuant to section 120, subsection 6 any significant developments with 
respect to any actions taken or proposed to be taken by the commission under this section. 
The report must be submitted by December 31 st of each year. 
Sec. 17. 35-A MRSA §4711, sub-§5, as enacted by PL 2005, c. 110, §1, is 
repealed and the following enacted in its place: 
5. Report. The commission shall include in its annual report pursuant to section 
120, subsection 7 ·actions taken by gas· utilities pursuant to this section, including 
descriptions of all conservation programs in effect, a description of how the commission 
determines the cost-effectiveness of each conservation program, total expenditures for. 
each gas 
utility's conservation programs during the program year and any 
recommendations for changes to the laws relating to energy conservation by gas utilities. 
Sec. 18. 35-A MRS A §7508, suh-§4, as enacted by PL 2005, c. 131,· §2, is 
amended to read: 
4. Annual report. Annually prior to February 1 st, the The commission shall provide 
a report tQ the joint standing committee of the Legislature having jurisdiction over 
utilities-and energy matters include in its annual report pursuant to section 120, 
subsection 7 a report detailing activities undertaken pursuant to this section. The report 
must include information on the number of petitions for public-interest pay phones the 
commission has r:eceived, the number of such pay phones the commission has approved 
and the amount of available funds expended. 
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SUMMARY 
This bill synchronizes the State Government Evaluation Act review reporting 
requirements for the Public Utilities c;o.rnmission and!he ~m~rgency Services 
COmlnunication Bureau. The commission and the Emergency Services Communication 
Bureau reviews, under current law, are due in different years. 
The bill incorporates the gas conservation programs, the natural gas rate-making' 
mechanisms, the electric restructuring, the ,electric incentive ratemaking and the low-
income assistance programs and oxygen pump and ventilator benefits annual reports into 
the commission's annual report. Under current law these annual reports have separate 
statutory reporting deadlines. 
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The bill clarifies that the Emergency Services Communication Bureau and public 
interest payphone annual reports, which under current law have the same statutory due 
date as the commission's annual report, are submitted as part of the commission's annual 
report as opposed to being submitted s~parately. 
The bill eliminates the requirement that the commission r~portevery 4 years to the 
joint standing committee of the Legislature having jurisdiction over utiliti~s and energy 
matters on the appropriateness of the maximum fee for blocking or unblocking access to 
audiotext services and any'recommendations for changfug the fee. 
Finally, the bill makes changes to the description of certain existing positions at the 
commission.