An Act To Create Efficiencies in State Government by Transferring the Duties of the Public Advocate to the Office of the Attorney General
Maine Legislature, Session 125, LD 1455
Committee: Energy, Utilities and Technology
Sponsors: THIBODEAU, KESCHL, CRAY, CURTIS, DAVIS
Amends: 5 MRSA §191-C, 24-A MRSA §2387-A

Legislative Document 
No. 1455 
S.P. 451 
In Senate, April 12, 2011 
An Act To Create Efficiencies in State Government by Transferring 
the Duties of the Public Advocate to the Office of the Attorney 
General 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator THIBODEAU of Waldo. 
Cosponsored by Representative KESCHL of Belgrade and 
Representatives: CRAY of Palmyra, CURTIS of Madison, DAVIS of Sangerville. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §191-C is enacted to read: 
§191-C.  Advocacy duties 
In addition to the duties under section 191, the Attorney General has advocacy duties 
as provided in this section. 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Competitive service provider" has the same meaning as in Title 35-A, section 
102, subsection 2-A. 
B.  "Consumer-owned transmission and distribution utility" has the same meaning as 
in Title 35-A, section 3501, subsection 1. 
C.  "Public utility" has the same meaning as in Title 35-A, section 102, subsection 13. 
2.  Public utilities.  The Attorney General shall represent the using and consuming 
public in matters within the jurisdiction of the Public Utilities Commission, including, but 
not limited to, by: 
A.  Reviewing, investigating and making appropriate recommendations to the Public 
Utilities Commission with respect to: 
(1)  The reasonableness of rates charged or proposed to be charged by any public 
utility; 
(2)  The reasonableness and adequacy of the service furnished or proposed to be 
furnished by any public utility or competitive service provider; 
(3)  Any proposal by a public utility to reduce or abandon service to the public; 
(4)  The issuance of certificates of public convenience and necessity.  
Recommendations may include alternative analyses and plans as necessary; 
(5)  Terms and conditions of public utilities; 
(6)  Mergers and consolidations of public utilities; 
(7)  Contracts of public utilities with affiliates or subsidiaries; and 
(8)  Securities, regulations and transactions of public utilities; 
B.  Intervening in any proceeding before the Public Utilities Commission related to 
the activities under paragraph A when determined necessary by the Attorney General; 
C.  Petitioning the Public Utilities Commission to initiate proceedings to review, 
investigate and take appropriate action with respect to the rates or service of any 
public utility or competitive service provider when determined necessary by the 
Attorney General; 
D.  Investigating complaints affecting the using and consuming public generally or 
particular groups of consumers and, when appropriate, making recommendations to 
the Public Utilities Commission with respect to these complaints when determined 
necessary by the Attorney General; 
E.  On behalf of the using and consuming public, or any particular group of 
consumers, petitioning to initiate or intervening and appearing in any proceedings 
before the Public Utilities Commission, appeals from orders of the Public Utilities 
Commission or proceedings before state and federal agencies and courts in which the 
subject matter of the action affects the customers of any public utility or competitive 
service provider doing business in this State, except that the Attorney General may 
not intervene in any proceeding in which the Public Utilities Commission staff is 
representing a position substantially similar to that of the Attorney General, as 
determined by the Attorney General; 
F.  Preparing and submitting an annual report of activities of the Attorney General 
performed under this subsection to the Governor and to the joint standing committee 
of the Legislature having jurisdiction over public utilities matters by August 1st of 
each year, with copies available to all Legislators on request; 
G.  Assisting customers of consumer-owned transmission and distribution utilities in 
reviewing proposed rate increases and preparing questions and testimony for public 
hearings and, on request of a customer and when determined necessary by the 
Attorney General, intervening in the proceedings conducted in accordance with Title 
35-A, chapter 35; and 
H.  When the Attorney General determines it necessary, serving as a voting member 
of any regional body whose decisions directly affect the prices or quality of utility 
services in the State, as long as that service is limited to a seat that is designated for 
the representation of consumer interests. Service as a voting member of a regional 
body in accordance with this paragraph does not create or constitute a conflict of 
interest pursuant to section 18. 
In addition to the limitations of section 18, the Attorney General or any employee of the 
Attorney General may not have any official or professional connection or relation with, or 
hold any stock or securities in, a public utility or competitive service provider operating 
within this State, render any professional service against any such public utility or 
competitive service provider or be a member of a firm that renders any such service. 
3.  Insurance.  In performing advocacy duties in insurance matters, the Attorney 
General: 
A.  Shall represent the interests of insureds and policyholders in matters under Title 
24-A, chapter 25, subchapter 2-B within the jurisdiction of the Superintendent of 
Insurance, including, but not limited to: 
(1)  Rate filings under Title 24-A, chapter 25; 
(2)  Rulemaking; 
(3)  Petitions by insurers to terminate license authority, including withdrawal 
plans, submitted pursuant to Title 24-A, section 415-A; 
(4)  Proceedings by the Superintendent of Insurance concerning the 
reasonableness and adequacy of the service provided by any insurer; 
(5)  Proceedings by the Superintendent of Insurance concerning the 
reasonableness and adequacy of the rates charged by any insurer; and 
(6)  Proceedings instituted by the Superintendent of Insurance concerning an 
insurer's license authority; 
B.  Has the same right to request data as any other party before the Superintendent of 
Insurance and may petition the Superintendent of Insurance, for good cause shown, to 
be allowed such other information as may be necessary to carry out the purposes of 
this subsection; 
C.  Has the right to request that the Superintendent of Insurance investigate the 
reasonableness of the service provided by, or the rates charged by, insurers; 
D.  May employ witnesses and pay appropriate compensation and expenses to 
employ such witnesses. The funds for expert witnesses are available as indicated in 
Title 24-A, section 2386; and 
E.  Has the same rights of appeal from the Superintendent of Insurance's orders or 
decisions to which the Attorney General has been a party as other parties. 
Sec. 2.  24-A MRSA §2387-A, as enacted by PL 1991, c. 885, Pt. B, §12 and 
affected by §13, is repealed. 
Sec. 3.  35-A MRSA c. 17,  as amended, is repealed. 
Sec. 4.  Attorney General to propose legislation.  No later than January 1, 
2012, the Attorney General shall submit to the Joint Standing Committee on State and 
Local Government proposed legislation necessary to terminate the Office of the Public 
Advocate, to transfer to the Attorney General all powers, duties and responsibilities of the 
Public Advocate in statute not transferred by this Act and to complete the transfer of the 
powers, duties and responsibilities of the Public Advocate to the Attorney General by 
January 1, 2013. 
Sec. 5.  Effective date.  Those sections of this Act that enact the Maine Revised 
Statutes, Title 5, section 191-C and repeal Title 24-A, section 2387-A and Title 35-A, 
chapter 17 take effect January 1, 2013. 
SUMMARY 
This bill transfers the major duties and responsibilities of the Public Advocate to the 
Attorney General effective January 1, 2013 and requires the Attorney General by January 
1, 2012 to submit proposed legislation to make all statutory changes necessary to 
terminate the Office of the Public Advocate and to complete the transfer of the powers, 
duties and responsibilities of the Public Advocate to the Attorney General.