An Act To Facilitate Transparency and Accountability while Reducing Electricity Costs
Maine Legislature, Session 125, LD 1411
Committee: Energy, Utilities and Technology
Sponsors: FOSSEL
Amends: 12 MRSA §685-B, 35-A MRSA §1702-B, 35-A MRSA §3144, 38 MRSA §344

Legislative Document 
No. 1411 
H.P. 1037 
House of Representatives, April 6, 2011 
An Act To Facilitate Transparency and Accountability while 
Reducing Electricity Costs 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative FOSSEL of Alna. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §685-B, sub-§2-C, ¶C is enacted to read: 
C.  Notwithstanding any other provision of law, the commission may not issue a 
permit or license for the construction of a generator as part of a wind energy 
development unless construction of the generator will result in reduced electricity 
costs for consumers in this State as determined by the Public Advocate pursuant to 
Title 35-A, section 1702-B, subsection 3 or a certificate of emergency is issued by the 
Public Utilities Commission pursuant to Title 35-A, section 3144. 
Sec. 2.  35-A MRSA §1702-B is enacted to read: 
§1702-B.  Monitoring electricity generators; cost impact determination 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Generator" means a device located in this State that produces electricity and is 
required to be reported as a generating unit pursuant to United States Department of 
Energy Form 860 or a successor form. 
B.  "Generator developer" means a person, firm or corporation proposing or financing 
the construction of a generator or the representative or agent of that person, firm or 
corporation. 
C.  "Generator operator" means a person, firm or corporation owning or operating a 
generator or the representative or agent of that person, firm or corporation. 
D.  "Gross electrical generation" has the same meaning as in Title 38, section 580-A, 
subsection 14. 
2.  Monthly state electricity generation report. Using information provided by 
generator operators and generator developers, the Public Advocate shall coordinate a 
monthly state electricity generation report with input from the Department of 
Environmental Protection, the Governor's Office of Energy Independence and Security 
within the Executive Department and the commission. The report must include the 
following information for the month covered by the report: 
A.  Gross electrical generation by each generator; 
B.  The cost per megawatt of electricity generated by each generator; 
C.  The capacity factor for each generator; 
D.  The average hourly day-ahead locational marginal price as reported by the 
independent system operator of the electric grid; 
E.  The carbon dioxide emissions of each generator; 
F.  The total amount of carbon dioxide emitted in this State each month due to 
electricity generation; 
G.  If a generator developer applies for a license, permit or certification to any state 
agency for the construction of a generator, the estimated change in carbon dioxide 
emissions that would result from the development of that generator certified in 
accordance with rules adopted by the commission.  Rules adopted pursuant to this 
paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A; and 
H.  Any plans produced by a generator developer or generator operator for the 
decommissioning or curtailment of a generator. 
3.  Electricity cost impact analysis.  When a generator developer submits an 
application for a license, permit or certification to any state agency for the construction of 
a generator, the Public Advocate, in coordination with the commission, shall conduct an 
analysis to determine if the construction of that generator will result in reduced electricity 
costs for consumers in this State. When completed, the analysis must be submitted to any 
state agency that is reviewing an application for a license, permit or certification for the 
construction of that generator. 
Sec. 3.  35-A MRSA §3144 is enacted to read: 
§3144.  Electricity generation emergency in public necessity 
If the Public Advocate determines that the construction of a generator will not reduce 
electricity costs to consumers in this State pursuant to section 1702-B, subsection 3, the 
generator developer may petition the commission to issue a certificate of emergency. 
The commission by rule shall establish criteria for determining when public necessity 
requires issuance of a certificate of emergency. The commission, after a hearing, shall 
issue a certificate under this section if the commission finds that the criteria established 
by the commission have been met. 
Rules adopted under this section are routine technical rules pursuant to Title 5, 
chapter 375, subchapter 2-A. 
Sec. 4.  38 MRSA §344, sub-§1-B is enacted to read: 
1-B.  Limitation on approval. Notwithstanding any other provision of law, a permit 
or license may not be issued under this Title for the construction of a generator unless the 
construction of the generator will reduce electricity costs for consumers in this State as 
determined by the Public Advocate pursuant to Title 35-A, section 1702-B, subsection 3 
or a certificate of emergency is issued by the Public Utilities Commission pursuant to 
Title 35-A, section 3144. 
For purposes of this subsection, "generator" has the same meaning as in Title 35-A, 
section 1702-B, subsection 1, paragraph A. 
SUMMARY 
This bill requires the Public Advocate to issue a monthly report regarding the 
performance of electricity generators, including but not limited to output, capacity 
factors, price of electricity generated and carbon dioxide emissions. 
The bill prohibits the construction of new electricity generators unless the Public 
Advocate determines that the construction of the generator will result in reduced 
electricity costs for consumers in this State or the Public Utilities Commission issues a 
certificate of emergency.