An Act To Authorize Consumers Located Adjacent to Electric Power Generators To Obtain Power Directly
Maine Legislature, Session 129, LD 1060
Committee: Energy, Utilities and Technology
Sponsors: CAMPBELL, FOLEY, BRENNAN, HUTCHINS, STANLEY, DILL, WOODSOME
Amends: 35-A MRSA §102, 35-A MRSA §2102, 35-A MRSA §3132

Legislative Document
No. 1060
H.P. 783
House of Representatives, March 5, 2019
An Act To Authorize Consumers Located Adjacent to Electric 
Power Generators To Obtain Power Directly
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative CAMPBELL of Orrington.
Cosponsored by Senator FOLEY of York and
Representatives: BRENNAN of Portland, HUTCHINS of Penobscot, STANLEY of Medway, 
Senators: DILL of Penobscot, WOODSOME of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  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 entity's own use or 
the use of the entity's tenants or the use of a consumer located adjacent to the entity and 
not otherwise offered for sale to others.  For purposes of this subsection, "adjacent" has 
the same meaning as defined by the commission by rule pursuant to section 2102, 
subsection 5.
Sec. 2.  35-A MRSA §2102, sub-§5 is enacted to read:
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 solely for the purpose of electrically and physically interconnecting that 
generator to a consumer of the electricity who is located adjacent, as defined by the 
commission by rule, to the generator.  Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 3.  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 either to the transmission system of a transmission and 
distribution utility or to a consumer of the electricity located adjacent to the generator.  
For purposes of this subsection, "adjacent" has the same meaning as defined by the 
commission by rule pursuant to section 2102, subsection 5.
SUMMARY
This bill allows an electricity generator to build an interconnection from the 
generator's facility to a consumer of the electricity located adjacent to the generator 
without becoming subject to regulation by the Public Utilities Commission as a 
transmission and distribution utility.   The Public Utilities Commission is directed to 
adopt rules to determine when a consumer is located adjacent to a generator.