An Act To O Allow the Direct Sale of Electricity
Maine Legislature, Session 129, LD 1173
Committee Amendment CA_A_S123 (Senate)
Amends: 35-A MRSA §102, 35-A MRSA §2102, 35-A MRSA §3132, 35-A MRSA §3201, 35-A MRSA §3217

COMMITTEE AMENDMENT " f1-" to S.P. 359, L.D. 1173, Bill, "An Act To 
O 
Allow the Direct Sale of Electricity" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 35-A MRSA §102, sub-§1-A is enacted to read: 
1-A. Abutting property. "Abutting property" means, with respect to a parcel of 
land, another parcel of land that shares a common property boundary, except that 
"abutting property" does not include a parcel ofland separated from another parcel by a 
public road or highway. 
Sec. 2. 35-A MRSA §102, sub-§20-B, as enacted by PL 1999, c. 398, Pt. A, §9 
and affected by §§104 and 105, is amended to read: 
20-B. 
Transmission and distribution utility. 
"Transmission and distribution 
utility" means a person, its lessees, trustees or receivers or trustees appointed by a court, 
owning, controlling, operating or managing a transmission and distribution plant for 
compensation within the State, except where the electricity is distributed by the entity that 
generates the electricity through private property alone solely for that sntitv's ovm uss or 
the use of the entity's tenants and not for sale to others. the use of: 
A. The entity; 
B. The entity's tenants; or 
C. Commercial or industrial consumers located on: 
(1) The property where the entity is located or on abutting property; or 
(2) 
A commercial or industrial site that was served by the entity or its 
predecessor without using the transmission and distribution plant of a public 
utility prior to December 31, 2018. 
Sec. 3. 35-A MRSA §2102, sub-§5 is enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" {\ "to S.P. 359, L.D. 1173 ( 
, 
· n.'..
1i,) 
5. Exemption for certain private electric facilities. The provisions of this section 
do not apply to the construction of a transmission line, together with all associated 
equipment and facilities, that is constructed, owned and operated by a generator of 
electricity for the purpose of electrically and physically interconnecting that generator to 
a commercial or industrial consumer of the electricity that is located on: 
A. 
The property where the entity that generates the electricity is located or on 
abutting property: or 
B. A commercial or industrial site that was served by the entity that generates the 
electricity or its predecessor without using the transmission and distribution plant of a 
public utility prior to December 31, 2018. 
Sec. 4. 35-A MRSA §3132, sub-§1-B, as enacted by PL 2007, c. 148, §2, is 
amended to read: 
1-B. 
Exception; generator interconnection transmission facility. 
The 
construction of a generator interconnection transmission facility is not subject to the 
requirements of this section. For the purposes of this subsection, "generator 
interconnection transmission facility" means a transmission line, together with all 
associated equipment and facilities, that is constructed, owned and operated by a 
generator of electricity solely for the purpose of electrically and physically 
interconnecting such generator to the tram:m1ss1on svstem of a transm1ss1on Hncl 
distribution utilitv.~ 
A. The transmission system of a transmission and distribution utility: or 
B. A commercial or industrial consumer of the electricity that is located on: 
(1) The property where the entity that generates the electricity is located or on 
abutting property: or 
(2) A commercial or industrial site that was served by the entity that generates 
the electricity or its predecessor without using the transmission and distribution 
plant of a public utility prior to December 31, 2018. 
Sec. 5. 35-A MRSA §3201, sub-§5, as amended by PL 2015, c. 29, §2, is further 
amended to read: 
5. Competitive electricity provider. "Competitive electricity provider" means a 
marketer, broker, aggregator or any other entity selling electricity to the public at retail, 
but does not include an electric vehicle charging station provider. or an entity that 
generates electricity solely for the use of: 
A. The entity: 
B. The entity's tenants: or 
C. Commercial or industrial consumers located on: 
(1) The property where the entity is located or on abutting property: or 
(2) 
A commercial or industrial site that was served by the entity or its 
predecessor without using the transmission and distribution plant of a public 
utility prior to December 31. 2018. 
COMMITTEE AMENDMENT 
" 
COMMITTEE AMENDMENT" ff' to S.P. 359, L.D. 1173 (t~) · ) L,-2:J) 
Sec. 6. 35-A MRSA §3217, sub-§4 is enacted to read: 
4. Direct sales. Beginning in 2022 and every 3 years thereafter, the commission 
shall include in its report pursuant to section 120, subsection 7, information regarding the 
incidence of direct sales of electricity by an entity that generates electricity to commercial 
or industrial consumers located on the property where the entity that generates the 
electricity is located or on abutting property or on a commercial or industrial site that was 
served by the entity that generates the electricity or its predecessor without using the 
transmission and distribution plant of a public utility prior to December 31, 2018. 
Sec. 7. 
Precedent established by Public Utilities Commission. 
The 
provisions of this Act may not, except to the extent the provisions expressly modify the 
Maine Revised Statutes, Title 35-A, sections 102, 2102, 3132 and 3201, be interpreted to 
otherwise modify or nullify the analytical framework and precedent for analyzing when 
an entity is a transmission and distribution utility or a competitive electricity provider 
established by the Public Utilities Commission in opinions and orders issued prior to the 
effective date of this Act, including, but not limited to, opinions and orders issued under 
Docket Number 2000-653, Request for Commission Investigation Regarding the Plans of 
Boralex Stratton Energy, Inc. to Provide Electric Service Directly from Stratton Lumber 
Company and Docket Number 2011-200, ReEnergy Rumford, LLC, Request for 
Advisory Ruling. ' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment replaces the bill. The amendment allows an entity that generates 
electricity to construct a transmission line for the purpose of interconnecting and 
distributing electricity to serve a commercial or industrial consumer without becoming 
subject to regulation by the Public Utilities Commission as a transmission and 
distribution utility or a competitive electricity provider when the commercial or industrial 
consumer is located on the property where the generator is located; on abutting property; 
or on a commercial or industrial site served by the generator or its predecessor without 
using the transmission and distribution plant of a public utility prior to December 31, 
2018. The amendment requires the Public Utilities Commission to report every 3 years, 
beginning in 2022, on the incidence of direct sales of electricity by · an entity that 
generates electricity to commercial or industrial consumers in the instances allowed under 
this amendment. Finally, the amendment clarifies that this legislation does not modify or 
nullify the framework and precedent for analyzing when an entity is a transmission and 
distribution utility or a competitive electricity provider established by the Public Utilities 
Commission in related cases. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/27/19 feac:.. 
LD 1173 
LR 1464(02) 
An Act To Allow the Direct Sale of Electricity 
Fiscal Note for Bill as Amended by Committee Amendment 'H' ( ':::>-11.:\'1 
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 Commission as a result of allowing the sale of electricity from a generator 
directly to a commercial or industrial customer under specific conditions are anticipated to be minor and can be 
absorbed within existing budgeted resources. 
LR1464(02) - Fiscal Note - Page 1 of 1