An Act To Require a Transmission and Distribution Utility To Provide Safeguards to Consumers Prior To Installing Wireless Smart Meters
Maine Legislature, Session 125, LD 1396
Committee: Energy, Utilities and Technology
Sponsors: BOLAND, CHIPMAN, SNOWE-MELLO, BOLDUC, BRIGGS, DILL, MORRISON, SIROCKI, SOCTOMAH, TUTTLE, GERZOFSKY
Amends: 35-A MRSA §3143, 35-A MRSA §3144

Legislative Document 
No. 1396 
H.P. 1025 
House of Representatives, April 4, 2011 
An Act To Require a Transmission and Distribution Utility To 
Provide Safeguards to Consumers Prior To Installing Wireless 
Smart Meters 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative BOLAND of Sanford. 
Cosponsored by Representative CHIPMAN of Portland, Senator SNOWE-MELLO of 
Androscoggin and Representatives: BOLDUC of Auburn, BRIGGS of Mexico, DILL of Cape 
Elizabeth, MORRISON of South Portland, SIROCKI of Scarborough, SOCTOMAH of the 
Passamaquoddy Tribe, TUTTLE of Sanford, Senator: GERZOFSKY of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §3143, sub-§2, ¶E, as enacted by PL 2009, c. 539, §2, is 
amended to read: 
E.  It is vital that a smart grid policy be developed in order to ensure that all 
ratepayers and the State as a whole are afforded The development of a smart grid 
policy will help promote the benefits of smart grid functions and associated 
infrastructure, technology and applications. 
Sec. 2.  35-A MRSA §3143, sub-§3, as enacted by PL 2009, c. 539, §2, is 
amended to read: 
3.  Smart grid policy; goals.   In order to improve the overall reliability and 
efficiency of the electric system, reduce ratepayers' costs in a way that improves the 
overall efficiency of electric energy resources, reduce and better manage energy 
consumption and reduce greenhouse gas emissions, it is the policy of the State to promote 
in a timely and responsible manner, with consideration of all relevant factors and 
consistent with all applicable laws, including section 3144, the development, 
implementation, availability and use of smart grid functions and associated infrastructure, 
technology and applications in the State through: 
A.  Increased use of digital information and control technology to improve the 
reliability, security and efficiency of the electric system; 
B.  Deployment and integration into the electric system of renewable capacity 
resources, as defined in section 3210-C, subsection 1, paragraph E, that are 
interconnected to the electric grid at a voltage level less than 69 kilovolts; 
C.  Deployment and integration into the electric system of demand response 
technologies, demand-side resources and energy-efficiency resources; 
D.  Deployment of smart grid technologies, including real-time, automated, 
interactive technologies that optimize the physical operation of energy-consuming 
appliances and devices, for purposes of metering, communications concerning grid 
operation and status and distribution system operations; 
E.  Deployment and integration into the electric system of advanced electric storage 
and peak-reduction technologies, including plug-in electric and hybrid electric 
vehicles; 
F.  Provision to consumers of timely energy consumption information and control 
options; and 
G.  Identification and elimination of barriers concerns related to the adoption of smart 
grid functions and associated infrastructure, technology and applications. 
It is the policy of the State to promote the development, implementation, availability and 
use of smart grid functions in accordance with this subsection in a manner that is 
consistent with applicable standards for reliability, safety, security and privacy and that 
takes into account the implementation of smart grid functions in other jurisdictions. 
The commission may adopt rules regarding the implementation of smart grid functions in 
the State in accordance with this subsection, including, but not limited to, rules regarding 
cybersecurity and protection of consumer privacy, and access to smart grid infrastructure 
and information, including, but not limited to, open access issues, coordination between 
smart grid users and methods to address financial disincentives for transmission and 
distribution utilities to promote smart grid functions.  Rules adopted pursuant to this 
subsection are routine technical rules as described in Title 5, chapter 375, subchapter 2-A. 
Sec. 3.  35-A MRSA §3144 is enacted to read: 
§3144.  Installation of wireless smart meter; customer rights 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Wired smart meter" means an advanced metering infrastructure device that uses 
transmission lines for signal communication. 
B.  "Wireless smart meter" means an advanced metering infrastructure device that 
uses radio frequency methods of wireless communication. 
2.  Proceeding.  A transmission and distribution utility shall notify the commission 
prior to installing a wireless smart meter.  If installing more than one smart meter in a 
designated area of its territory, a transmission and distribution utility may provide a single 
notice to the commission prior to the first installation.  The notice must include the 
number of smart meters to be installed in that designated area.  The commission shall 
open a proceeding to establish by order the terms and conditions by which the 
transmission and distribution utility must protect customer rights when a wireless smart 
meter is installed.  The order resulting from the proceeding must include, but is not 
limited to, provisions that: 
A.  Require the transmission and distribution utility to provide written notice to a 
customer at least one month in advance of the date of installation of a wireless smart 
meter. The notice must include: 
(1)  A time frame of 3 to 7 days during which the installation will occur; 
(2)  Information about the purpose and goals of smart meters and the ways in 
which smart meters function, including but not limited to information on 
time-of-use pricing, potential customer interaction and how smart meters can 
benefit customers; 
(3)  A description of all essential characteristics of the communications signal, 
including but not limited to frequency, amplitude and modulation and how often 
the transmission is generated; 
(4)  A statement noting the controversy regarding the health, privacy and security 
risks of wireless smart meters that use electromagnetic waves for communication; 
and 
(5)  How the customer may submit a written request to decline the installation of 
the wireless smart meter or request that a wired smart meter be installed as an 
alternative to the wireless smart meter, pursuant to paragraphs B and C, including 
a mailing address and e-mail address to which the written request may be sent; 
B.  Require the transmission and distribution utility to allow a customer to decline the 
installation of a wireless smart meter; 
C.  Require the transmission and distribution utility to offer a wired smart meter as an 
alternative to a wireless smart meter to a customer that declines a wireless smart 
meter; 
D.  Prohibit the transmission and distribution utility from charging a customer 
unreasonable fees or rate increases for declining the installation of a wireless smart 
meter or requesting a wired smart meter as an alternative to a wireless smart meter; 
E.  Require transmission and distribution utilities to use reasonable security measures, 
as determined by the commission, to protect customer information, including name, 
address, telephone number, electricity usage and payment information; and 
F.  Prohibit the transmission and distribution utility from sharing, disclosing, selling 
or otherwise making customer information accessible to any 3rd party without 
customer consent, except as authorized by law. 
3.  Already installed smart meters.  If a transmission and distribution utility 
installed a wireless smart meter prior to the effective date of this section, it shall notify 
the commission within 2 months of the effective date and the commission shall open a 
proceeding to establish by order the terms and conditions by which the transmission and 
distribution utility must protect customer rights.  The order resulting from the proceeding 
must include, but is not limited to, provisions that: 
A.  Require a transmission and distribution utility to provide written notice to the 
customer of when the wireless smart meter was installed and the information required 
by subsection 2, paragraph A, subparagraphs (2), (3), (4) and (5); 
B.  Establish a process for a customer to request to have the wireless smart meter 
removed or replaced with a wired smart meter; 
C.  Prohibit the transmission and distribution utility from charging a customer 
unreasonable fees or rate increases for requesting the removal of a wireless smart 
meter or requesting a wired smart meter as an alternative to a wireless smart meter; 
D.  Require transmission and distribution utilities to use reasonable security 
measures, as determined by the commission, to protect customer information, 
including name, address, telephone number, electricity usage and payment 
information; and 
E.  Prohibit the transmission and distribution utility from sharing, disclosing, selling 
or otherwise making customer information accessible to any 3rd party without 
customer consent, except as authorized by law. 
SUMMARY 
This bill amends the State's smart grid policy to include consideration of customer 
rights. This bill requires the Public Utilities Commission to initiate a proceeding 
whenever a transmission and distribution utility is going to install a wireless smart meter. 
The proceeding must order the transmission and distribution utility to protect customer 
rights when a wireless smart meter is installed, including providing opt-out provisions 
and wired smart meter alternatives, protection from unreasonable fees or rate increases 
and protection of customer data, including name, address, telephone number, electricity 
use and payment information. This bill requires the commission to take similar action to 
protect a customer that had a wireless smart meter installed prior to the effective date of 
this provision.