An Act To Prohibit Electric Utilities from Entering into Long-term Supply Agreements
Maine Legislature, Session 125, LD 0729
Committee: Energy, Utilities and Technology
Sponsors: THOMAS, MARTIN, MASON, PLOWMAN, THIBODEAU, WHITTEMORE
Amends: 35-A MRSA §3143, 35-A MRSA §3210, 35-A MRSA §3210-C, 35-A MRSA §3212, 35-A MRSA §3603, 35-A MRSA §3604, 35-A MRSA §10104

Legislative Document 
No. 729 
S.P. 218 
In Senate, February 18, 2011 
An Act To Prohibit Electric Utilities from Entering into Long-term 
Supply Agreements 
Received by the Secretary of the Senate on February 18, 2011.  Referred to the Committee 
on Energy, Utilities and Technology pursuant to Joint Rule 308.2 and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator THOMAS of Somerset. 
Cosponsored by Senators: MARTIN of Kennebec, MASON of Androscoggin, PLOWMAN of 
Penobscot, THIBODEAU of Waldo, WHITTEMORE of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §3143, sub-§3, ¶B, as enacted by PL 2009, c. 539, §2, is 
amended to read: 
B.  Deployment and integration into the electric system of renewable capacity 
resources, as defined in section 3210-C, subsection 1, paragraph E 3210, subsection 
2, paragraph B-3, that are interconnected to the electric grid at a voltage level less 
than 69 kilovolts; 
Sec. 2.  35-A MRSA §3210, sub-§2, ¶B-4, as enacted by PL 2009, c. 542, §4, is 
amended to read: 
B-4.  "New" as applied to any renewable capacity resource means a renewable 
capacity resource that: 
(1)  Has an in-service date after September 1, 2005; 
(2)  Was added to an existing facility after September 1, 2005; 
(3)  For at least 2 years was not operated or was not recognized by the New 
England independent system operator as a capacity resource and, after September 
1, 2005, resumed operation or was recognized by the New England independent 
system operator as a capacity resource; or 
(4)  Was refurbished after September 1, 2005 and is operating beyond its 
previous useful life or is employing an alternate technology that significantly 
increases the efficiency of the generation process. 
For the purposes of this paragraph, "capacity resource" has the same meaning as in 
section 3210-C, subsection 1, paragraph A. 
Sec. 3.  35-A MRSA §3210-C, as amended by PL 2009, c. 415, Pt. A, §§21 to 23 
and c. 518, §§1 to 6 and c. 542, §6, is repealed. 
Sec. 4.  35-A MRSA §3212, sub-§4-C, as enacted by PL 2005, c. 677, Pt. B, §2, 
is amended to read: 
4-C.  Authority to establish various contract lengths and terms.  For the purpose 
of providing over a reasonable time period the lowest price for standard-offer service to 
residential and small commercial customers, the commission, with respect to residential 
and small commercial standard-offer service, may, in addition to incorporating cost-
effective demand response and energy efficiency pursuant to subsection 4-B and to the 
extent authorized in section 3210-C, incorporating the energy portion of any contracts 
entered into pursuant to section 3210-C, establish various standard-offer service contract 
lengths and terms. 
Sec. 5.  35-A MRSA §3603, sub-§4, as enacted by PL 2009, c. 329, Pt. A, §4, is 
amended to read: 
4.  Program incentives. Subject to the requirements of subsection 2, a program 
participant may elect one of the following program incentives: 
A.  A long-term contract for community-based renewable energy pursuant to section 
3604; or 
B.  The renewable energy credit multiplier pursuant to section 3605. 
Sec. 6.  35-A MRSA §3604, as enacted by PL 2009, c. 329, Pt. A, §4, is repealed. 
Sec. 7.  35-A MRSA §10104, sub-§4, ¶D, as amended by PL 2009, c. 518, §8, is 
further amended to read: 
D.  Prior to submission of the triennial plan to the commission, the trust shall offer to 
provide a detailed briefing on the draft plan to the joint standing committee of the 
Legislature having jurisdiction over energy matters and, at the request of the 
committee, shall provide such a briefing and opportunity for input from the 
committee.  After providing such opportunity for input and making any changes as a 
result of any input received, the board shall deliver the plan to the commission for its 
review and approval.  The commission shall open a proceeding and issue an order 
either approving the plan or rejecting the plan and stating the reasons for the 
rejection.  The commission shall reject elements of the plan that propose to use funds 
generated pursuant to sections 3210-C, 10110, 10111 or 10119 if the plan fails to 
reasonably explain how these elements of the program would achieve the objectives 
and implementation requirements of the programs established under those sections or 
the measures of performance under subsection 3.  Funds generated under these 
statutory authorities may not be used pursuant to the triennial plan unless those 
elements of the plan proposing to use the funds have been approved by the 
commission. The commission shall approve or reject any elements of the triennial 
plan within 60 days of its delivery to the commission.  The board, within 15 days of 
final commission approval of its plan, shall submit the plan to the joint standing 
committee of the Legislature having jurisdiction over energy matters together with 
any explanatory or other supporting material as the committee may request and, at the 
request of the committee, shall provide a detailed briefing on the final plan.  After 
receipt of the plan, the joint standing committee of the Legislature having jurisdiction 
over energy matters may submit legislation relating to the plan. 
SUMMARY 
This bill rescinds the Public Utilities Commission's authority to direct transmission 
and distribution utilities to enter into long-term contracts.  It also corrects cross 
references.