Resolve, To Require the Public Utilities Commission To Amend Its Rules Regarding Net Energy Billing
Maine Legislature, Session 126, LD 1403
Committee: Energy, Utilities and Technology
Sponsors: WELSH, GERZOFSKY, HOBBINS, PRIEST, RYKERSON

Legislative Document 
No. 1403 
H.P. 999 
House of Representatives, April 12, 2013 
Resolve, To Require the Public Utilities Commission To Amend Its 
Rules Regarding Net Energy Billing 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative WELSH of Rockport. 
Cosponsored by Senator GERZOFSKY of Cumberland and 
Representatives: HOBBINS of Saco, PRIEST of Brunswick, RYKERSON of Kittery. 
Sec. 1.  Rules amendment.  Resolved: That the Public Utilities Commission 
shall amend its rules, including Chapter 313 pertaining to customer net energy billing and 
Chapter 315 pertaining to small generator aggregation to: 
1.  Allow otherwise eligible systems with an installed capacity of one megawatt or 
less, including but not limited to efficient combined heat and power systems as defined in 
the Maine Revised Statutes, Title 35-A, section 3201, subsection 7-A and renewable 
resources as defined in Title 35-A, section 3210, subsection 2, paragraph C, to elect net 
energy billing; 
2. Conform the definition of micro-combined heat and power system to the definition 
of efficient combined heat and power system in Title 35-A, section 3201, subsection 7-A, 
including by removing the 660-kilowatt limitation; 
3.  Allow 3rd-party ownership of individual or multiple facilities that are eligible for 
net energy billing.  The rules must specify that such a 3rd-party-owned facility is not a 
competitive electricity provider as defined in Title 35-A, section 3201, subsection 5; 
4.  Allow groups of customers to participate in net energy billing without sharing 
ownership of the generating facility; and 
5.  Require that contracts and agreements regarding net energy billing include a 
specific statement that the sale or delivery of kilowatt-hours of electricity to net energy 
billing customers is exempt from sales and use tax as provided in Title 36, section 1760, 
subsection 80; and be it further 
Sec. 2.  Completion of duties.  Resolved:  That the Public Utilities Commission 
shall fulfill the requirements of this resolve no later than 90 days following the effective 
date of this resolve. 
SUMMARY 
This resolve directs the Public Utilities Commission to amend its rules regarding net 
energy billing to resolve inconsistencies in the rules adopted for net energy billing for 
small generators and the rules adopted regarding net energy billing authorized by statute 
by: 
1.  Increasing the eligible size for net energy billing to 1,000 kilowatts or less from 
the 660-kilowatt level; 
2.  Allowing 3rd-party ownership of individual or multiple facilities; 
3.  Specifying that 3rd-party-owned facilities are not competitive electricity 
providers; 
4.  Allowing groups of customers to participate in net energy billing without sharing 
ownership of the generating facility; and 
5.  Requiring a statement on contracts and agreements that the sale or delivery of 
kilowatt-hours of electricity to net energy billing customers is not subject to sales tax.