Resolve, Regarding Legislative Review of Portions of Chapter 308: Standards of Conduct for Transmission and Distribution Utilities and Affiliated Generators, a Major Substantive Rule of the Public Utilities Commission
Maine Legislature, Session 128, LD 1799
Committee Amendment CA_A_H704 (House)

COMMITTEE AMENDMENT "A" to H.P. 1244, L.D. 1799, "Resolve, Regarding 
Legislative Review of Portions of Chapter 308: Standards of Conduct for Transmission 
and Distribution Utilities and Affiliated Generators, a Major Substantive Rule of the 
Public Utilities Commission" 
Amend the resolve by striking out all of section 1 and inserting the following: 
'Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 308: 
Standards of Conduct for Transmission and Distribution Utilities and Affiliated 
Generators, a provisionally adopted major substantive rule of the Public Utilities 
Commission that has been submitted to the Legislature for review pursuant to the Maine 
Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only if the rule is 
amended to: 
1. Add a provision that specifies that a complaint may be brought for matters within 
the Public Utilities Commission's jurisdiction by an individual generator for acts or 
omissions of a transmission and distribution utility that are unreasonable, preferential, 
discriminatory or anticompetitive and the complaint must be treated in the same manner 
as a complaint otherwise brought by 10 persons as allowed by Title 35-A, section 1302; 
2. Clarify in section 1 of the rule that the rule applies to an affiliated generator that: 
A. 
Owns or develops generation or generation-related assets in the ISO-New 
England, or ISO-NE, or Northern Maine Independent System Administrator, or 
NMISA, power system; 
B. Imports generation into the ISO-NE or NMISA power system; 
C. Is directly interconnected to the ISO-NE or NMISA power system; 
D. Takes any action or makes any plans toward future ownership or development of 
generation or generation-related assets in the ISO-NE or NMISA power system; or 
E. Takes any action or makes any plans to import generation or become directly 
interconnected to the ISO-NE or NMISA power system; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1244, L.D. 1799 
3. Add in section 2 of the rule a definition of "directly interconnected" to clarify that 
the term refers to the physical electrical connection of a generator to a transmission and 
distribution utility1s transmission and distribution assets that allows that generator to 
transport electric power across the transmission and distribution utility's electric plant; 
4. Add in section 2 of the rule a definition of "service territory" to clarify that it refers 
to the geographic area in which a transmission and distribution utility is authorized to 
provide service based on a finding of need by the Public Utilities Commission or a 
legislative finding of need; 
5. Clarify in section 3, paragraph A of the rule'that a transmission and distribution 
utility may not have an affiliate that owns generation or generation-related assets that are 
directly interconnected to any facilities owned or operated by the transmission and 
distribution utility or if the point of interconnection of generation or generation-related 
assets of the affiliate is within the service territory of the transmission and distribution 
utility; 
6. Add in section 4 of the rule a general standard that explicitly prohibits preferential, 
discriminatory or other anticompetitive conduct by a transmission and distribution utility; 
7. Clarify in section 4, subsection O of the rule that access to books and records is 
for the purpose of verifying compliance with the standards of conduct and that access to 
such books and records also applies to books and records that predate an affiliated 
generator's becoming subject to the rule; and 
8. Clarify in section 7 of the rule that the training of employees to ensure compliance 
with the rule is limited to those employees that have access or may have access to the 
types of confidential information that is not to be shared. 
The Public Utilities Commission is not required to hold hearings or undertake further 
proceedings prior to final adoption of the rule in accordance with this section.' 
SUMMARY 
This amendment allows for the final adoption of portions of Chapter 308: Standards 
of Conduct for Transmission and Distribution Utilities and Affiliated Generators by the 
Public Utilities Commission as long as the Public Utilities Commission makes several 
changes including: 
1. The addition of a provision relating to complaints by individual generators of 
unreasonable, preferential, discriminatory or anticompetitive behavior on the part of a 
transmission and distribution utility; 
2. The addition of a provision and definitions to make clear that a transmission and 
distribution utility may not have an affiliate that owns generation or generation-related 
assets that are directly interconnected to any facilities owned or operated by the 
transmission and distribution utility or if the point of interconnection of generation or 
generation-related assets of the affiliate is within the service territory of the transmission 
and distribution utility; 
3. The clarification of the applicability of the rule to affiliated generators; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1244, L.D. 1799 
4. The addition of a standard that explicitly prohibits preferential, discriminatory or 
other anticompetitive conduct by a transmission and distribution utility; 
5. The clarification that access to books and records is for the purpose of verifying 
compliance with the rule and that access to such books and records also applies to books 
and records that predate an affiliated generator's becoming subject to the rule; and 
6. The clarification that training of employees to ensure compliance with the rule is 
limited to those employees that have access or may have access to the types of 
confidential information that is not to be shared. 
FISCAL NOTE REQUIRED 
(See attaclled) 
COMMITTEE AMENDMENT 
Approved: 03/29/18 feac 
LD 1799 
LR 2862(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 308: Standards of Conduct for 
Transmission and Distribution Utilities and Affiliated Generators, a Major Substantive Rule of the 
Fiscal Detail and Notes 
Public Utilities Commission 
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Fiscal Note for Bill as Amended by Committee Amendment 'ff L H -10' 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Any additional costs to the Public Utilities Connnission as a result of final adoption of rules regarding standards of 
conduct for transmission and distribution utilities and affiliated generators are expected to be minor and can be 
absorbed within existing budgeted resources. 
LR2862(02) - Fiscal Note - Page 1 of 1