An Act To Improve Transparency in the Electricity Supply Market
Maine Legislature, Session 128, LD 0803
Committee: Energy, Utilities and Technology
Sponsors: LIBBY, HIGGINS
Amends: 35-A MRSA §3203

Legislative Document
No. 803
S.P. 248
In Senate, March 2, 2017
An Act To Improve Transparency in the Electricity Supply Market
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator LIBBY of Androscoggin.
Cosponsored by Representative HIGGINS of Dover-Foxcroft.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §3203, sub-§4-A, ¶F, as amended by PL 2003, c. 558, §4, 
is further amended to read: 
F.  Must comply with all federal and state laws, federal regulations and state rules 
regarding the prohibition or limitation of telemarketing; and 
Sec. 2.  35-A MRSA §3203, sub-§4-A, ¶H, as enacted by PL 1999, c. 657, §19, 
is amended to read: 
H.  Must comply with any other applicable standards or requirements established by 
the commission by rule.; 
Sec. 3.  35-A MRSA §3203, sub-§4-A, ¶¶I to K are enacted to read: 
I.  Before serving a consumer, shall disclose to the consumer if the rate of generation 
service is higher than the standard-offer service rate; 
J.  Shall send a renewal notice to the consumer for generation service by certified 
mail, return receipt requested; and 
K.  May not renew a contract for generation service without express consent from the 
consumer. 
Sec. 4.  35-A MRSA §3203, sub-§4-B is enacted to read: 
4-B.  Consumer protection through transmission and distribution utility bill 
disclosure.  The monthly utility bill for a consumer that elects to receive generation 
service from a competitive electricity provider must contain the following information: 
A.  The rate for generation service charged by the competitive electricity provider 
must be displayed along with the standard-offer service rate; and 
B.  The expiration date of the consumer's contract with a competitive electricity 
provider for generation service. 
Sec. 5.  Report.  The Public Utilities Commission in consultation with the Public 
Advocate shall conduct an analysis to determine if consumers paid more for generation 
service by purchasing directly from competitive electricty providers instead of through 
standard-offer service and if so by how much. When conducting this analysis, the Public 
Utilities Commission shall examine data from 2014 to the present. The Public Utilities 
Commission shall report the findings of the analysis to the Joint Standing Committee on 
Energy, Utilities and Technology by January 1, 2018. The report may include 
recommendations. The joint standing committee may report out a bill based on the report 
to the Second Regular Session of the 128th Legislature. 
SUMMARY 
This bill: 
1.  Makes the following changes to protect consumers that choose generation service 
through a competitive electricity provider: 
A.  It requires the competitive electricity provider to disclose to the consumer if the 
rate of generation service is higher than the standard-offer service rate; 
B.  It requires the competitive electricity provider to send a renewal notice to the 
consumer for generation service by certified mail, return receipt requested; and 
C.  It prohibits the competitive electricity provider from renewing a contract for 
generation service without express consent from the consumer; 
2.  Requires that the monthly utility bill for a consumer that elects to receive 
generation service from a competitive electricity provider contain the following: 
A.  The rate for generation service charged by the competitive electricity provider 
must be displayed along with the standard-offer service rate; and 
B.  The expiration date of the consumer's contract with the competitive electricity 
provider for generation service; and 
3.  Requires the Public Utilities Commission, in consultation with the Public 
Advocate, to determine if consumers paid more for generation service purchased from 
competitive electricity providers instead of through standard-offer service and if so by 
how much and to submit its findings to the Joint Standing Committee on Energy, Utilities 
and Technology.