An Act To Improve the Laws Governing the Purchasing of Power
Maine Legislature, Session 127, LD 1107
Committee: Energy, Utilities and Technology
Sponsors: McCABE, DION, RYKERSON
Amends: 35-A MRSA §3203, 35-A MRSA §3209, 35-A MRSA §3212

Legislative Document 
No. 1107 
H.P. 768 
House of Representatives, March 26, 2015 
An Act To Improve the Laws Governing the Purchasing of Power 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative McCABE of Skowhegan. 
Cosponsored by Representatives: DION of Portland, RYKERSON of Kittery. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §3203, sub-§4-B is enacted to read: 
4-B.  Off-peak prices.  As a condition of licensing, a competitive electricity provider 
must offer to sell electricity to a consumer in this State at a price that is 40% less for 
electricity consumed during off-peak periods than the price for electricity consumed 
during on-peak periods.  For purposes of this subsection, "off-peak periods" means 
between the hours of 6:00 p.m. and 6:00 a.m. each weekday and between 6:00 p.m. 
Friday and 6:00 a.m. Monday.  For purposes of this subsection, "on-peak periods" means 
between the hours of 6:00 a.m. and 6:00 p.m. each weekday. 
Sec. 2.  35-A MRSA §3209, sub-§5 is enacted to read: 
5.  Discount new renewable capacity resources.  The commission by rule shall 
establish a discount rate for residential and small business customers who purchase 
electricity from resources that qualify as new renewable capacity resources under section 
3210.   The discount rate must be set at a level sufficient to create an incentive for the 
purchase of new renewable capacity resources.  Rules adopted under this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 3.  35-A MRSA §3212, sub-§1, as amended by PL 1999, c. 577, §3, is 
further amended to read: 
1.  Establishment of terms and conditions.  The commission shall open a rule-
making proceeding no later than October 1, 1997 to by rule establish terms and 
conditions for standard-offer service that include, but are not limited to: 
A.  Entry and exit restrictions; 
B.  Protection against a standard-offer service provider's failure to provide service as 
contracted for; 
C.  Appropriate rate design issues; 
D.  Retaining averaged prices for all customers in the same class; and 
E.  Credit, collection and disconnection practices. 
The commission shall by rule establish a rate design for standard-offer service that 
provides a 40% rate discount for electricity consumed during off-peak periods from the 
rate for electricity consumed during on-peak periods.  For purposes of this subsection, 
"off-peak periods" means between the hours of 6:00 p.m. and 6:00 a.m. each weekday 
and between 6:00 p.m. Friday and 6:00 a.m. Monday.  For purposes of this subsection, 
"on-peak periods" means between the hours of 6:00 a.m. and 6:00 p.m. each weekday.  
The commission shall adopt rules establishing terms and conditions for standard-offer 
service.  Rules adopted under this subsection are routine technical rules pursuant to Title 
5, chapter 375, subchapter II-A 2-A. 
Sec. 4.  Cost of Electricity Study Commission established.  The Cost of 
Electricity Study Commission, referred to in this section as "the commission," is 
established. 
1.  Membership.  The commission consists of 13 members appointed as follows: 
A.  Three members of the Senate appointed by the President of the Senate, including 
members from each of the 2 parties holding the largest number of seats in the 
Legislature; and 
B.  Ten members of the House of Representatives appointed by the Speaker of the 
House, including members from each of the 2 parties holding the largest number of 
seats in the Legislature. 
2.  Chairs.  The first-named Senate member is the Senate chair and the first-named 
House of Representatives member is the House chair of the commission. 
3.  Appointments; convening.   All appointments must be made no later than 30 
days following the effective date of this section.  The appointing authorities shall notify 
the Executive Director of the Legislative Council once all appointments have been 
completed.  When the appointment of all members has been completed, the chairs shall 
call and convene the first meeting of the commission.  If 30 days or more after the 
effective date of this section a majority of but not all appointments have been made, the 
chairs may request authority and the Legislative Council may grant authority for the 
commission to meet and conduct its business. 
4.  Duties.  The commission shall study the sources and costs of electricity in the 
State, how costs in the State compare to those in other states and how the State can lower 
electricity prices.  The commission shall also examine the level of profits earned by 
investor-owned transmission and distribution utilities over the last 10 years and the use 
made of those profits. 
5.  Staff assistance. The Legislative Council shall provide necessary staffing services 
to the commission. 
6.  Report.  No later than December 2, 2015, the commission shall submit a report 
that includes its findings and recommendations, including suggested legislation, for 
presentation to the Second Regular Session of the 127th Legislature. 
SUMMARY 
This bill provides for a 40% discount in the price of electricity for electricity 
consumed during off-peak periods.  It also requires the Public Utilities Commission to 
establish a discount transmission and distribution rate for residential and small business 
customers who purchase electricity from resources that qualify as new renewable 
capacity resources. 
It establishes a study commission to examine the sources and costs of electricity in 
Maine, how Maine costs compare to those in other states and how Maine can lower 
electricity prices.  The commission is directed to report its findings and recommendations 
to the Legislature by December 2, 2015.