An Act To
Maine Legislature, Session 126, LD 1619
Committee Amendment CA_A_H645 (House)

COMMITTEE AMENDMENT "A " 
to H.P. 1191, L.D. 1619, Bill, "An Act To 
Amend the Law Governing Conflicts of Interest with Respect to the Public Utilities 
Commission" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Provide for a Quorum at the Public Utilities Commission' 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, there is currently a proceeding before the Public Utilities Commission for 
which a quorum is not available; and 
Whereas, the proceeding cannot be decided without a quorum and a delay in the 
case could be detrimental to all parties; and 
Whereas, in order to maintain a quorum at the commission, the appointment process 
and confirmation process proposed in this legislation must commence as soon as possible; 
and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 35-A MRS A §108-B is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1191, L.D. 1619 
§108-B. Lack of quorum; temporary appointment 
The Governor shall appoint 3 alternate commissioners who may serve as temporary 
commissioners in accordance with this section. 
1. Selection of alternate commissioners. The Governor shall appoint 3 people to 
serve as alternate commissioners. The appointments are subject to review by the joint 
standing committee of the Legislature having jurisdiction over public utilities matters and 
to confirmation by the Legislature. The term of an alternate commissioner is for 3 years. 
2. Special appointment of temporary commissioner. If 2 or more commissioners, 
due to a conflict of interest, disability or other reason, are unable to serve in a proceeding, 
which results in the commission being unable to maintain a quorum as provided under 
section 108-A, the commission shall report this information to the Governor and post this 
information on its publicly accessible website. 
Once the Governor is notified, the 
commission shall, in a transparent manner, randomly assign from the alternate 
commissioners appointed under subsection 1 one alternate commissioner to be the first 
alternate commissioner, one alternate conunissioner to be the 2nd alternate commissioner 
and one alternate commissioner to be the 3rd alternate commissioner and send this 
information to the Governor. Following the receipt of this infonnation, the Governor 
shall appoint the first alternate commissioner as a temporary commissioner. If, for good 
cause, the first alternate commissioner is unable to serve, the Governor shall appoint the 
2nd alternate commissioner as a temporary commissioner. If, for good cause, the first 
and 2nd alternate commissioners are unable to serve, the Governor shall appoint the 3rd 
alternate commissioner as a temporary commissioner. 
3. Service for duration of proceeding. Notwithstanding the tenns established in 
subsection 1, once appointed as a temporary commissioner to serve in a proceeding, the 
temporary commissioner shall serve for the length of time for which there is otherwise no 
quorum for the proceeding. 
4. Compensation. In the event of a temporary appointment under this section, the 
commission shall provide administrative support to the temporary commissioner and 
compensate the temporary commissioner based on hours served at the same rate of 
compensation as that of a commissioner. 
5. Authority. A temporary commissioner appointed pursuant to this section is 
subject to all laws applicable to and has such authority with respect to the proceeding as a 
commISSIOner. 
An alternate commissioner who is not appointed as a temporary 
commissioner has no authority with respect to any proceedings of the commission. 
6. Vacancy. In the event of a vacancy on the list of alternate commissioners, the 
Governor shall appoint an alternate commissioner to fill the unexpired portion of the 
term. 
Sec. 2. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 
35-A, section 108-B, subsection 1, the terms of the initial alternate commissioners 
appointed pursuant to Title 35-A, section 108-B are staggered as follows: one alternate 
commissioner serves for a term of one year; one alternate commissioner serves for a term 
of 2 years; and one alternate commissioner serves for a tenn of 3 years. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A"to H.P. 1191, L.D. 1619 
Emergency clause. 
In view of the emergency cited m the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment is the unanimous report of the Joint Standing Committee on Energy, 
Utilities and Technology and replaces the bill. This amendment authorizes the Governor 
to appoint, subject to confirmation by the Legislature, 3 individuals to be alternate 
commissioners of the Public Utilities Commission. 
An alternate commissioner is 
randomly selected to be appointed a temporary commissioner to a proceeding at the 
Public Utilities Commission if a quorum is not available due to conflict of interest, 
disability or other reason. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02127114 
~ac-
LD 1619 
LR 2328(02) 
An Act To Amend the Law Governing Conflicts of Interest with Respect to the Public Utilities 
Fiscal Detail and Notes 
Commission 
;: \ 
Fiscal Note for Bill as Amended by Committee Amendment it' (Ii .... 6'+5) 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - Other Special Revenue Funds 
The bill requires the Governor to appoint 3 people to serve as alternate commissioners to the Public Utilities 
Commission (PUC) in order to maintain a quorum. These alternate commissioners will be appointed as temporary 
commissioners and serve for the length of time that there would be no quorum without them. The temporary 
commissioners will be compensated at $55.55 per hour, the same rate as a commissioner. It cannot be predicted at this 
time how many hours of additional compensation the PUC will pay to temporary commissioners going forward. There 
is currently a proceeding before the PUC where no quorum can be reached. The PUC has resources available to 
accommodate the additional cost of temporary commissioners. 
LR2328(02) - Fiscal Note - Page 1 of 1