An Act To Establish Requirements for the Construction of Elective Transmission Lines by Transmission and Distribution Utilities”
Maine Legislature, Session 129, LD 2097
Committee Amendment CA_A_H798 (House)
Amends: 35-A MRSA §3131, 35-A MRSA §3132

COMMITTEE AMENDMENT “      ” to H.P. 1494, L.D. 2097, Bill, “An Act To 
Establish Requirements for the Construction of Elective Transmission Lines by 
Transmission and Distribution Utilities”
Amend the bill by striking out the title and substituting the following:
'An Act Pertaining to Transmission Lines Not Needed for Reliability or Local 
Generation' 
Amend the bill by striking out all of section 1 and inserting the following:
'Sec. 1.  35-A MRSA §3131, sub-§4-E is enacted to read:
4-E.  Nonessential transmission line.  "Nonessential transmission line" means a 
transmission line that is:
A.  Not constructed primarily to provide electric reliability within the State, as 
determined by the commission; and
B.  Not constructed primarily to provide electricity to retail customers within the 
State.
A generator interconnection transmission facility as defined in section 3132, subsection 
1-B is not a nonessential transmission line.' 
Amend the bill by striking out all of section 4 and inserting the following:
'Sec. 4.  35-A MRSA §3132, sub-§6-C is enacted to read:
6-C.  Nonessential transmission line; certificate of public convenience and 
necessity.  The commission shall evaluate and render a decision on any petition for a 
certificate of public convenience and necessity made by a transmission and distribution 
utility for a nonessential transmission line that will use ratepayer-funded physical assets 
in accordance with this subsection. The commission may issue a certificate only if the 
petitioner has demonstrated that the petitioner agrees to provide a minimum benefit to 
ratepayers in the State of equal value to the ratepayer-funded physical assets used to 
construct the nonessential transmission line. The commission shall by order establish the 
Date: 
(Filing No. H-          )
COMMITTEE AMENDMENT “      ” to H.P. 1494, L.D. 2097
COMMITTEE AMENDMENT
value of ratepayer-funded physical assets used to construct the nonessential transmission 
line and the benefit amount and method of delivery with preference to a reduction in 
electricity rates.
The commission shall adopt rules necessary to implement this subsection.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
Sec. 5.  Public Utilities Commission inquiry; nonessential transmission 
lines.  The Public Utilities Commission shall open an inquiry to determine statutory or 
rule changes needed to ensure that nonessential transmission lines as defined in the Maine 
Revised Statutes, Title 35-A, section 3131, subsection 4-E are built in the most 
competitive and cost-effective manner and with consideration given to ratepayer benefits 
and greenhouse gas reduction goals. In conducting the inquiry, the commission shall 
convene a stakeholder group, hold at least 2 stakeholder group meetings and solicit public 
comment.  No later than February 1, 2021, the commission shall submit a report on the 
results of the inquiry, including findings, recommendations and suggested legislation, 
required by this section to the joint standing committee of the Legislature having 
jurisdiction over energy, utilities and technology matters.  The committee may report out 
a bill to the First Regular Session of the 130th Legislature based on the commission's 
report.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.
SUMMARY
This amendment does the following.
1. It changes the terminology in the bill from "elective transmission line" to 
"nonessential transmission line" and clarifies that a generator interconnection 
transmission facility is not a nonessential transmission line.
2. It changes the requirements in the bill for Public Utilities Commission approval of 
a nonessential transmission line. Under the amendment, the commission may issue a 
certificate of public convenience and necessity for a nonessential transmission line that 
will use ratepayer-funded physical assets if the petitioner has demonstrated that the 
petitioner agrees to provide a minimum benefit to ratepayers in the State of equal value to 
the ratepayer-funded physical assets used to construct the nonessential transmission line. 
3. It removes from the bill the requirement that the petitioner provide equal access to 
rights-of-way and data and information about the petitioner's transmission system to any 
person seeking to compete with the petitioner.
4. It adds a provision that requires the Public Utilities Commission to conduct an 
inquiry to determine statutory or rule changes needed to ensure that nonessential 
transmission lines are built in the most competitive and cost-effective manner and with 
COMMITTEE AMENDMENT “      ” to H.P. 1494, L.D. 2097
COMMITTEE AMENDMENT
consideration given to ratepayer benefits and greenhouse gas reduction goals and to 
report the results of the inquiry to the joint standing committee of the Legislature having 
jurisdiction over energy, utilities and technology matters.
FISCAL NOTE REQUIRED
(See attached)
Approved: 03/27/20
LD 2097
LR 2767(02)
Fiscal Detail and Notes
Minor cost increase - Other Special Revenue Funds 
Any additional costs to the Public Utilities Commission as a result of changes to the criteria for and approval process 
of nonessential transmission lines are anticipated to be minor and can be absorbed within existing budgeted 
resources.  
An Act To Establish Requirements for the Construction of Elective Transmission Lines by 
Transmission and Distribution Utilities
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Energy, Utilities and Technology
Fiscal Note Required: Yes
Fiscal Note
LR2767(02) - Fiscal Note - Page 1 of 1