An Act To Allow a Municipality To Choose Its Power Provider
Maine Legislature, Session 127, LD 0796
Committee: Energy, Utilities and Technology
Sponsors: PARRY, COLLINS, BABBIDGE, BEAVERS, FARRIN, FOLEY, O'CONNOR, SEAVEY, DUTREMBLE, WOODSOME
Amends: 35-A MRSA §2102

Legislative Document 
No. 796 
H.P. 545 
House of Representatives, March 10, 2015 
An Act To Allow a Municipality To Choose Its Power Provider 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative PARRY of Arundel. 
Cosponsored by Senator COLLINS of York and 
Representatives: BABBIDGE of Kennebunk, BEAVERS of South Berwick, FARRIN of 
Norridgewock, FOLEY of Wells, O'CONNOR of Berwick, SEAVEY of Kennebunkport, 
Senators: DUTREMBLE of York, WOODSOME of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §2102, sub-§5 is enacted to read: 
5.  Vote required.  If 2 transmission and distribution utilities furnish service within a 
municipality, that municipality may hold a municipal referendum to choose one of them 
to furnish service to the entire municipality.  
A.  The decision to hold a referendum must be made by a majority vote of the 
municipal officials. 
B.  A referendum to choose a transmission and distribution utility must take place 
during a gubernatorial or presidential election in November. 
C.  A referendum must be called, advertised and conducted according to the law 
relating to municipal elections.  The municipal clerk shall prepare the required 
ballots, which must contain substantially the following question: 
"Do you favor [insert transmission and distribution utility name] furnishing 
service to the entire area of [insert name of municipality]?" 
D.  If the voters choose a transmission and distribution utility to furnish service to the 
entire municipality, the municipal officers shall petition the commission to approve 
that utility to provide service in the areas served by the 2nd transmission and 
distribution utility.  The commission shall approve the petition if it finds the 
following: 
(1)  The chosen transmission and distribution utility is willing to furnish service 
to the entire municipality; 
(2)  The chosen transmission and distribution utility has the financial ability to 
meet its obligations under this Title; and 
(3)  The chosen transmission and distribution utility is willing and able to pay a 
fair and reasonable price, as determined by the commission, for the assets of the 
2nd utility used to serve the municipality. 
If the commission approves the petition, it shall, pursuant to section 1101, order the 
2nd utility to sell its assets used to the serve the municipality to the chosen 
transmission and distribution utility. 
The commission may adopt rules to implement this subsection.  Rules adopted to 
implement this subsection are routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A. 
SUMMARY 
This bill provides a process to allow a municipality to choose a single transmission 
and distribution utility via a referendum when that municipality is served by more than 
one utility. The decision to hold a referendum must be made by a majority vote of the 
municipal officials. A referendum to choose a single utility must occur during a 
gubernatorial or presidential election in November and must be called, advertised and 
conducted according to the law relating to municipal elections. 
The bill also requires that the Public Utilities Commission approve a petition by the 
municipal officials to have only one utility furnishing service in the municipality. The 
Public Utilities Commission must approve a petition if it finds the chosen utility is willing 
to furnish service to the entire municipality, the chosen utility has the financial ability to 
meet its obligations under the Maine Revised Statutes, Title 35-A and the chosen utility is 
willing and able to pay a fair and reasonable price, as determined by the commission, for 
the assets of the 2nd utility needed to furnish service to the entire municipality. Upon 
approval, the Public Utilities Commission is directed to order the 2nd utility to sell its 
assets used to serve the municipality to the chosen transmission and distribution utility.  
This bill also allows the Public Utilities Commission to adopt routine technical rules to 
implement these provisions.