Resolve, Regarding Legislative Review of Chapter 201: Provider of Last Resort Service Quality, a Major Substantive Rule of the Public Utilities Commission
Maine Legislature, Session 126, LD 0038
Committee Amendment CA_A_H727 (House)

COMMITTEE AMENDMENT "A" to H.P. 33, LD. 38, "Resolve, Regarding 
Legislative Review of Chapter 201: Provider of Last Resort Service Quality, a Major 
Substantive Rule of the Public Utilities Commission" 
Amend the resolve by striking out everything after the title and before the smmnary 
and inserting the following: 
'Sec. 1. Adoption. Resolved: That final adoption of Chapter 201: Provider of 
Last Resort Service Quality, a provisionally adopted major substantive rule of the Public 
Utilities Commission that has been submitted to the Legislature for review pursuant to the 
Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only if the 
following changes are made: 
1. 
The rule must be amended in Section 4, Paragraph A to clarify that the 
benchmarks related to installation appointments not met, average delay days for missed 
appointments, the network trouble report rate and percentage of network troubles not 
resolved in 24 hours must be initially established by increasing by 2 standard deviations 
the 4-quarter rolling average result reported by all Maine incumbent local exchange 
carners; 
2. 
The rule must be amended in Section 4, Paragraph C to clarify that actual 
performance for a service quality metric is considered equal to or better than the 
benchmark if the rolling average for that metric, based upon the 4 most recent quarterly 
reports, is greater than or equal to the benchmark; 
3. The rule must be amended in Section 4, Paragraph D to change the percentage 
used as the benchmark for the installation appointments not met, the number of days used 
as the benchmark for the average delay days for missed appointments, the percentage 
used as the benchmark for the network trouble report rate and the percentage used as the 
benchmark for the network troubles not resolved within 24 hours to be in accordance with 
subsection 1; 
COMMITTEE AMENDMENT 
't-. .,. 
COMMITTEE AMENDMENT "A "to H.P. 33, L.D. 38 
4. 
The rule must be amended in Section 7 to clarify that the Public Utilities 
Commission may impose penalties or require a service provider to provide customer 
rebates or rate reductions if the commission finds that remedial action is necessary; and 
5. The rule must be amended in Section 7, Paragraph A to establish a maximum 
penalty amount of $2,000,000 annually for the largest provider oflast resort service in the 
State and a proportion of $2,000,000 annually for the other service providers based on a 
ratio of total intrastate revenues. 
The Public Utilities Commission is not required to hold hearings or conduct other 
formal proceedings prior to final adoption of the rule in accordance with this section.' 
SUMMARY 
This amendment is the majority report ofthe committee. It authorizes final adoption 
of Chapter 201: Provider of Last Resort Service Quality, a provisionally adopted major 
substantive rule of the Public Utilities Commission that has been submitted to the 
Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, 
subchapter 2-A, if certain specified changes are made to the rule. The amendment also 
strikes the emergency preamble and emergency clause. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 03/17/14 ;t?a-c 
LD38 
LR 779(02) 
Resolve, Regarding Legislative Review of Chapter 201: Provider of Last Resort Service Quality, a 
Major Substantive Rule of the Public Utilities Commission 
Fiscal Note for Bill as Amended by Committee Amendment A"LH ~7J.l) 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue increase - Other Special Revenue Funds 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
The bill authorizes final adoption of the major substantive rule if certain rule changes are made. One change 
establishes maximum annual penalty amounts of $2,000,000 for the largest provider of last resort service in the State 
and a proportion of $2,000,000 for other service providers based on a ratio of total intrastate revenues. This increase 
in maximum penalty amounts could result in more fines going into the PUC Reimbursement Fund. 
Any additional costs incurred by the Public Utilities Commission as a result of implementing major substantive rules 
to (a) establish service quality indicators and standards for service providers of regulated basic local flat-rate dial-tone 
service, also known as providers oflast resort service, and (b) review these metrics submitted by the service providers 
can be absorbed by the Commission within existing budgeted resources. 
LR0779(02) - Fiscal Note - Page 1 of 1