An Act To Require Transmission Lines To Be Placed Underground near Certain Facilities
Maine Legislature, Session 124, LD 0044
Committee Amendment CA_A_H369 (House)
Amends: 35-A MRSA §3132

COMMITTEE AMENDMENT "A" to H.P. 39, L.D. 44, Bill, "An Act To Require 
Transmission Lines To Be Placed Underground near Certain Facilities" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Requirements for Approval of a Transmission Line' 
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, sub-§2, as amended by PL 2007, c. 575, §1,. is 
further amended to read: 
2. Construction of transmission line. Except as otherwise provided in subsection 
3-A, whenever any person proposes to erect within this State a transmission line capable 
of operating at 69 kilovolts or more, that person shall file a petition for the approval of the 
proposed line in accordance with subsection 2-C. 
The petition for approval of the 
proposed transmission line must eontain sueh information as the eommission by rule 
preseribes. 
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 as long as 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 
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. 2. 35-A MRSA §3132, sub-§2-C is enacted to read: 
2-C. 
Petition for approval of proposed transmission line. The petition for 
approval of the proposed transmission line must contain such information as the 
commission by rule prescribes, including, but not limited to: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 39, L.D. 44 
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A. A description of the effect of the proposed transmission line on public health and 
safety and scenic, historic, recreational and environmental values and of the 
. proximity of the proposed transmission line to inhabited dwellings; 
B. 
Justification for adoption of the route selected, including comparison with 
alternative routes that are environmentally, technically and economically practical; 
and 
C. 
Results of an investigation of alternatives to construction of the proposed 
transmission line including energy conservation, distributed generation or load 
management. 
Sec. 3. 35-A MRSA §3132, sunb-§6, as amended by PL 2009, c. 123, §5, is 
further amended to read: 
6. Commission order; certificate of public convenience and necessity. In its 
order, the commission shall make specific fmdings with regard to the public need for the 
proposed transmission line. If the commission finds that a public need exists, it shall 
issue a certificate of public convenience and necessity for the transmission line. In 
determining public need, the commission shall, at a minimum, take into account 
economics, reliability, public health and safety, scenic, historic and recreational values, 
the proximity of the proposed transmission line to inhabited dwellings and alternatives to 
construction of the transmission line, including energy conservation, distributed 
generation or load management. 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 commission shall, as necessary and in 
accordance with subsections 7 and 8, consider the findings of the Department of 
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Environmental Protection under Title 38, chapter 3, subchapter 1, article 6, with respect 
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to the proposed transmission line and any modifications ordered by the Department of, 
Environmental Protection to lessen the impact of the proposed transmission line on the 
environment. 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, 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 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. The commission may deny a certificate 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. 4. 35-A MRSA §3132, sub-§7, as amended by PL 2007, c. 148, §6, IS 
further amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT J4 "to H.P. 39, L.D. 44 
7. Environmental protection agency modification. If the commission has issued a 
certificate of public convenience and necessity for a proposed transmission line and the 
Beaffi Department of Environmental Protection in an order issued under Title 38, section 
chapter 3, subchapter 1, article 6 makes a modification in the location, size, character 
or design of the transmission line, the 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 iss.uing its certificate of public convenience and necessity under this 
section. 
Sec. 5. 
RUlllemaking. The Public Utilities Commission shall amend its rules 
governing the construction of new transmission lines to implement the provisions of this 
Act. Rules adopted pursuant to this section are routine technical rules as defined in Title 
5, chapter 375, subchapter 2-A.' 
SUMMARY 
This amendment replaces the bill. The amendment adds specificity and additional 
requirements to the provisions of law governing a petition for a certificate of public 
convenience and necessity to construct a transmission line and the determination of 
public need for the proposed line by the Public Utilities Commission. Specifically, the 
amendment requires that a petition for approval of a proposed transmission line provide 
information regarding the effects of the proposed line on public health and safety, scenic, 
historic, recreational and environmental values and the proximity of the proposed line to 
inhabited dwellings, as well as justification of the route selected and results of 
investigations of alternatives to construction of the proposed line including energy 
conservation, distributed generation or load management. The amendment also requires 
the Public Utilities Commission, in determining public need for a proposed transmission 
line, take into account economics, reliability, public health and safety, scenic, historic and 
recreational values and alternatives to construction of the transmission line including 
conservation, distributed generation or load management. The amendment clarifies that 
the Public Utilities Commission shall, as necessary, consider the findings of and any 
modifications ordered by the Department of Environmental Protection to lessen the 
impact of the proposed transmission line on the environment. The amendment directs the 
Public Utilities Commission to amend its rules governing the construction of new 
transmission lines in accordance with the provisions contained in the amendment. 
lFlfSCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/21/09 Mac:.. 
LD44 
LR 98(02) 
An Act To Require Transmission Lines To Be Placed Underground near Certain Facilities 
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 - General Fund 
The additional costs to the Public Utilities Commission associated with amending the rules governing the construction 
of new transmission lines and other administrative duties can be absorbed within existing budgeted resources. 
LR0098(02) - Fiscal Note - Page 1 of 1 
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