An Act To
Maine Legislature, Session 125, LD 0802
Committee Amendment CA_A_S196 (Senate)
Amends: 35-A MRSA §3132

COMMITTEE AMENDMENT "A " to S.P. 246, L.D. 802, Bill, "An Act To 
Amend the Requirements for Electric Transmission Lines" 
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-§5-A is enacted to read: 
5-A. Commission order; certificate of public convenience and necessity. The 
commission shall issue a certificate of public convenience and necessity as follows. 
A. The commission may issue a certificate of public convenience and necessity for a 
proposed transmission line only if it finds: 
(1) That the construction and operation of the proposed transmission line reduces 
electricity costs for consumers, is necessary to meet the reliability requirements 
imposed by the Federal Energy Regulatory Commission or its designated electric 
reliability organization or is otherwise needed for local reliability; and 
(2) 
That public need exists for the proposed transmission line pursuant to 
paragraph B. 
B. In its order, the commission shall make specific findings with regard to the public 
need for the proposed transmission line. Except as provided in subsection 6-A for a 
high-impact electric transmission line, if the commission finds that the requirements 
under paragraph A are satisfied, 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: state renewable energy generation goals: 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 246, L.D. 802 
Department of Environmental Protection under Title 38, chapter 3, subchapter 1, 
article 6 with respect 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. 2. 35-A MRSA §3132, sub-§6, as amended by PL 2009, c. 615, Pt. A, §l 
and c. 655, Pt. A, §4, is repealed.' 
SUMMARY 
This amendment is the minority report. 
The amendment reorganizes provisions 
related to certificates of public convenience and necessity and provides that in addition to 
the Federal Energy Regulatory Commission or its designated electric reliability 
organization's standards determining if a transmission line is being constructed for the 
purpose of reliability, the Public Utilities Commission may make an independent finding 
that a transmission line is needed for reliability. 
COMMITTEE AMENDMENT