An Act To Increase Investment and Regulatory Stability in the Electric Industry
Maine Legislature, Session 128, LD 1061
Committee Amendment CA_A_H173 (House)
Amends: 35-A MRSA §3210-C

COMMITTEE AMENDMENT "f1,, to H.P. 744, L.D. 1061, Bill, "An Act To 
Increase Investment and Regulatory Stability in the Electric Industry" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 35-A MRSA §3210-C, sub-§1, W-1 is enacted to read: 
F-1. 
"Term sheet" means a preliminary document that outlines the terms of a 
proposal accepted under a request for proposals that is not binding on the parties but 
assists the parties in drafting a final agreement based upon the accepted proposal. 
Sec. 2. 35-A MRSA §3210-C, sub-§3, as amended by PL 2013, c. 424, Pt. A, 
§20, is further amended to read: 
3. 
Commission authority. 
The commission may direct investor-owned 
transmission and distribution utilities to enter into long-term contracts for: 
A. Capacity resources; 
B. 
Any available energy associated with capacity resources contracted under 
paragraph A: 
(1) To the extent necessary to fulfill the policy of subsection 2, paragraph A; or 
(2) If the commission determines appropriate for purposes of supplying or 
lowering the cost of standard-offer service or otherwise lowering the cost of 
electricity for the ratepayers in the State. Available energy contracted pursuant to 
this subparagraph may be sold into the wholesale electricity market in 
conjunction with solicitations for standard-offer supply bids; and 
C. 
Any available renewable energy credits associated with capacity resources 
contracted under paragraph A. The price paid by the investor-owned transmission 
and distribution utility for the renewable energy credits must be lower than the price 
received for those renewable energy credits at the time they are sold by the 
investor-owned transmission and distribution utility,; and 
COMMITTEE AMENDMENT 
<x 
·<~ (), 
a 
) 
"f-\· 
COMMIITEE AMENDMENT" A" to H.P. 744, L.D. 1061 
D. Transmission capacity. capacity resources. energy or renewable energy credits 
pursuant to a regional procurement process in conjunction with other states. 
The commission may permit, but may not require, investor-owned transmission and 
distribution utilities to enter into contracts for differences that are designed and intended 
to buffer ratepayers in the State from potential negative impacts from transmission 
development. To the greatest extent possible, the commission shall develop procedures 
for long-term contracts for investor-owned transmission and distribution utilities under 
this subsection having the same legal and financial effect as the procedures used for 
standard-offer service pursuant to section 3212 for investor-owned transmission and 
distribution utilities. 
The commission may enter into contracts for interruptible, demand response or energy 
efficiency capacity resources. These contracts are not subject to the rules of the State 
Purchasing Agent. In a competitive solicitation conducted pursuant to subsection 6, the 
commission shall allow transmission and distribution utilities to submit bids for 
interruptible or demand response capacity resources. 
Capacity resources contracted under this subsection may not exceed the amount 
necessary to ensure the reliability of the electric grid of this State, to meet the energy 
efficiency program budget allocations articulated in the triennial plan as approved by the 
commission pursuant to section 10104, subsection 4 or any annual update plan approved 
by the commission pursuant to section 10104, subsection 6 or to lower customer costs as 
determined by the commission pursuant to rules adopted under subsection 10. 
Unless the commission determines the public interest requires otherwise, a capacity 
resource may not be contracted under this subsection unless the commission determines 
that the capacity resource is recognized as a capacity resource for purposes of any 
regional or federal capacity requirements. 
The commission shall ensure that any long-term contract authorized under this subsection 
is consistent with the State's goals for greenhouse gas reduction under Title 38, section 
and the regional greenhouse gas initiative as described in the state climate action plan 
required in Title 38, section 577. 
By Janua1y 1st of each year, the commission shall submit a report to the joint standing 
committee of the Legislature having jurisdiction over energy and utilities matters on the 
procurement of transmission capacity. capacity resources. energy and renewable energy 
credits in the preceding 12 months under this subsection, the Community-based 
Renewable Energy Act and deep-water offshore wind energy pilot projects under Public 
Law 2009, chapter 615. Part A. section 6, as amended by Public Law 2013, chapter 369, 
Part H, sections 1 and 2 and chapter 378. sections 4 to 6. The report must contain 
information including. but not limited to. the number of requests for proposals by the 
commission for long-term contracts. the number of responses to requests for proposals 
pursuant to which a contract has been finalized. the number of executed term sheets or 
contracts resulting from the requests for proposals. the commission's initial estimates of 
ratepayer costs or savings associated with any approved term sheet, actual ratepayer costs 
or savings for the previous year associated with any procurement. the total ratepayer costs 
or savings at the time of the report and the megawatt-hours. renewable energy credits or 
capacity produced or procured through contracts. The report must also include a plan for 
the succeeding 12 months pertaining to the procurement of capacity resources. energy 
COMMITTEE AMENDMENT 
~ 
COMMITTEE AMENDMENT'A "to H.P. 744, L.D. 1061 
and renewable energy credits, including dates for requests for proposals, and types of 
resources to be procured.' 
SUMMARY 
This amendment replaces the bill. It removes the provisions of sections 3 through 6, 
and retains the provisions of section 1, from the bill. This amendment also removes 
language from the provisions of section 2 of the bill regarding the State's goals for 
greenhouse gas reduction as it relates to an annual report from the Public Utilities 
Commission to the joint standing committee of the Legislature having jurisdiction over 
energy and utilities matters. This amendment also adds to that annual report reporting 
requirements for the Public Utilities Commission, including inf01mation regarding the 
Community-based Renewable Energy Act and deep-water offshore wind energy pilot 
projects. 
FISCAL NOTE REQU1RED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 05/04/17 feac 
LD 1061 
LR 1713(02) 
An Act To Increase Investment and Regulatory Stability in the Electric Industry 
Fiscal Note for Bill as Amended by Committee Amendment •/Jr ( // ~ 17 J) 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Public Utilities Commission as a result of the additional reporting requirements regarding 
the Community-based Renewable Energy Act and deep-water offshore wind energy pilot projects are anticipated to be 
minor and can be absorbed within existing budgeted resources.