An Act To Allow Micro grids That Are in the Public Interest
Maine Legislature, Session 129, LD 0013
Committee Amendment CA_A_H742 (House)

COMMITTEE AMENDMENT" (I-,, to H.P. 14, L.D. 13, Bill, "An Act To Allow 
Micro grids That Are in the Public Interest" 
Amend the bill by striking out all of section 2 and inserting the following: 
1Sec. 2. 35-A MRSA c. 33-A is enacted to read: 
CHAPTER 33-A 
MICROGRIDS 
§3351. Microgrids 
1. Definitions. As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. nnistribyted energy resources
means small-scale electrical generation sources 
located close to where the generated electricity is used, energy storage resources, 
energy efficiency resources or demand response resources. 
B. 
11New microgrid
means a group of interconnected loads and distributed energy 
resources within clearly defined electrical 1;,oundaries that acts as a single controllable 
entity with respect to the electric grid and can connect and disconnect from the 
electric grid tg enable the new mi9rogrid to operate in both electric grid-connected 
mode and nongrid-connected mode, referred to in this chapter as nisland mode, n and 
that is constructes! after October 1, 2Q20. 
2. Microgrids, public utility exception. Notwithstanding section 2102 or any other 
provision of this Title to the contr;µy, a person that consgycts, maintains or operates a 
new microgrid approved under suksection 3 go.es not, solely as a result of furnishing 
service through that new microgtjd to participating consumers, become a public utility 
and is not subject to regulation as a public utility under this Title. 
3. Commission approval; requirements. A person may not construct or operate a 
new microgril~dthout commission approval in accordan9e with this subsection. 
COMMITTEE AMENDMENT 
COMMITIBE AMilNDMENT •ll to H.P. 14, L.D. 13 
A. The commission shall aP.Prove a petition to construct and operate a new microgrid 
if the commission finds that operation of the new microgrid is in the public interest 
and the new microgrid meets at least the following requirements: 
(1) The proposed new microgrid will serve a total load of no more than 25 
megawatts: 
(2) 
The proposed new microgrid is located in the service territo;ry of a 
transmission and distribution utility with more than 50,000 customers: 
(3) The distributed energy resources for the new microgtjd meet the applicable 
portfolio requirements in section 3210, subsections 3, 3-A. 3-B and 3-C: 
(4) The person prpposing the new microgrid demonstrates that the person has 
secured the financial capacity to operate the proposed new microgrid: 
(5) The person proQosing the new microgrid demonstrates that the persop. has 
secures! the technical capability to operate the proposed new microgrid: 
(6) There is a contractual relationship between the proposed new microgrid 
operator and consumers within the area to be served by the proposed new 
microgrid: and 
(7) The proposed new microgrid will not negatively affect the reliability and 
security of the electric grid. 
For the p:µrposes of this paragraph. when determining whether a proposed new 
microgrid is in the public interest, the commission shall consider possible ratepayer 
effects. whether positive or negative: benefits due to the increased resilience or 
reliability of the electric grid: economic develcmment benefits: and any other factors 
the commission considers necessary to promote the public interest. 
B. As a condition of approval of a new micro grid. the commission shall: 
(1) Require that any increase in costs to the electric transmission and distribution 
system in the State as a result of the new micro grid must be fully recovered from 
the microgrid owner and customers of the microgrid and not passed on to other 
els,ctric ratepayers; and 
(2) Impose any other terms. conditions or requirements on the construction. 
maintenance or operation of the new microgrid as. in its judgment. it considers 
necessary. which may include but are not limited to parameters regarding the 
ability of the new microgrid to enter island mode. as defined by the commission 
by rule, and the operation of the new microgrid in grid-connected mode and 
island mode. 
4. 
Commission oversight; grid protections; consumer protections. 
A new 
microgrid approved in accordance with subsection 3 is subject to commission oversight to 
7 
ensure reliability and security of the electric grid and consumer protections for customers 
of the new microgrid. 
5. Services. Services provided by a new microgrid may include. but are not limited 
to: 
COMMITTEE AMENDMENT 
l 
COMMITTEE AMENDMENT"//' to H.P. 14, L.D. 13 
A. Standby electric service, as defined by the commission by rule, when the new 
microgrid.is operating in island mode: and 
· 
· 
B. Selling electricity as a competitive electricity provider when the new microgrid is 
operating in grid-connected mode. 
6. Rulemaking, The commission may adopt rules to implement this section. Rules 
adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A.' 
Amend the bill in section 3 in the 2nd line (page 3, line 5 in L.D.) by striking out the 
following: "15, 2021" and inserting the following: '18, 2022' 
Amend the bill in section 3 in the last line (page 3, line 11 in L.D.) by striking out 
the following: "First" and inserting the following: 'Second' 
Amend the bill by inserting after section 3 the following: 
'Sec. 4. 
Precedent established by Public Utilities Commission. 
The 
provisions of this Act may not be interpreted to modify or nullify the analytical 
framework and precedent for analyzing whether 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 makes the following changes to the bill: 
1. Clarifies the definitions of "distributed energy resources" and "new microgrid"; 
2. Amends the requirements a microgrid must meet to be approved to: increase the 
maximum load from 10 to 25 megawatts; require that the microgrid be located in a 
service territory of a transmission and distribution utility with more than 50,000 
customers; clarify the renewable portfolio requirements the new microgrid must meet; 
and remove the prohibition in the bill that a person owning or operating the new 
microgrid may not be an investor-owned utility or affiliate; 
3. Adds a provision to require that any increases in costs to the electric transmission 
and distribution system in the State as a result of the new microgrid must be fully 
recovered from the microgrid owner and customers of the micro grid and not passed on to 
other electric ratepayers; 
4. Updates the dates in the bill to reflect that the bill is being considered in 2020 
rather than 2019; and 
5. 
Adds language to clarify that this legislation does not modify or nullify the 
framework and precedent for analyzing whether an entity is a transmission and 
COMMITTEE AMENDMENT 
COMMITTFE AMENDMENT .. /, to H.P. 14, L,D, 13 
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: 03/02/20 ;t,/ac:.. 
LD13 
LR 18(02) 
An Act To Allow Microgrids That Are in the Public Interest 
Fiscal Note for Bill as Amended by Committee Amendment 1/} ( lf--7L/;l) 
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 resulting from changes to the rules regarding the criteria for 
the approval, operation and review of micro grids are anticipated to be minor and can be absorbed within existing 
budgeted resources. 
LR0018(02) - Fiscal Note - Page 1 of 1