An Act To Protect Ratepayers While Enhancing Energy Independence and Security
Maine Legislature, Session 125, LD 0793
Committee: Environment and Natural Resources
Sponsors: SAVIELLO
Amends: 35-A MRSA §3143, 35-A MRSA §3210, 35-A MRSA §3210-C, 35-A MRSA §3212

Legislative Document 
No. 793 
S.P. 231 
In Senate, March 1, 2011 
An Act To Protect Ratepayers While Enhancing Energy 
Independence and Security 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
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 3210, subsection 1 2, paragraph E 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 means a renewable capacity resource, an 
electric generation resource other than a renewable capacity resource or a resource 
that has demand response, interruptible or energy efficiency capacity recognized by 
the commission. 
Sec. 3.  35-A MRSA §3210-C, as amended by PL 2009, 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542, §6, is repealed.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.  Withdrawal from regional greenhouse gas initiative.  
Notwithstanding any other provision of law, the Department of Environmental Protection 
shall take all necessary steps to withdraw the State from all memoranda of understanding 
and state contracts with other states relating to the regional greenhouse gas initiative 
authorized pursuant to the Maine Revised Statutes, Title 38, section 579 and chapter 3-B.  
Upon successful completion of the withdrawal, the department shall submit legislation to 
the Legislature making necessary changes to laws relating to the regional greenhouse gas 
initiative. 
Sec. 6.  Withdrawal from independent system operator.  The Public Utilities 
Commission shall order Maine's 3 investor-owned transmission and distribution utilities 
to take all steps necessary to end membership in the Independent System Operator New 
England regional transmission organization and to file with the commission a plan to 
form an alternative structure to hold, manage and dispatch the transmission assets of the 
investor-owned transmission and distribution utilities and to oversee the wholesale 
electricity market.  The plan must, to the maximum extent possible, ensure the lowest 
possible electricity prices for Maine consumers. 
SUMMARY 
This bill does the following. 
1.  It directs the Department of Environmental Protection to take all necessary steps 
to withdraw the State from all memoranda of understanding and state contracts with other 
states relating to the regional greenhouse gas initiative authorized pursuant to Maine law.  
Upon successful completion of the withdrawal, the department is required to submit 
legislation to the Legislature making necessary changes to laws relating to the regional 
greenhouse gas initiative. 
2.  It directs the Public Utilities Commission to order Maine's 3 investor-owned 
transmission and distribution utilities to take all steps necessary to end membership in 
Independent System Operator New England and to file with the commission a plan to 
form an alternative structure to hold, manage and dispatch the transmission assets of the 
investor-owned transmission and distribution utilities and to oversee the wholesale 
electricity market.  The plan must, to the maximum extent possible, ensure that electricity 
is provided to Maine consumers at the lowest available cost. 
3.  It removes the authority of the Public Utilities Commission to order transmission 
and distribution utilities to contract for capacity resources.