An Act To Establish Requirements for the Construction of Elective Transmission Lines by Transmission and Distribution Utilities
Maine Legislature, Session 129, LD 2097
Committee: Energy, Utilities and Technology
Sponsors: GROHOSKI, LAWRENCE, BERRY, GIDEON, GRIGNON, KESCHL, RILEY, CYRWAY, JACKSON, VITELLI
Amends: 35-A MRSA §3131, 35-A MRSA §3132

Legislative Document
No. 2097
H.P. 1494
House of Representatives, February 6, 2020
An Act To Establish Requirements for the Construction of Elective 
Transmission Lines by Transmission and Distribution Utilities
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GROHOSKI of Ellsworth.
Cosponsored by Senator LAWRENCE of York and
Representatives: BERRY of Bowdoinham, Speaker GIDEON of Freeport, GRIGNON of 
Athens, KESCHL of Belgrade, RILEY of Jay, Senators: CYRWAY of Kennebec, President 
JACKSON of Aroostook, VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3131, sub-§1-B is enacted to read:
1-B.  Elective transmission line.  "Elective 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.
Sec. 2.  35-A MRSA §3131, sub-§4-A, as enacted by PL 2009, c. 655, Pt. A, §3, 
is repealed.
Sec. 3.  35-A MRSA §3132, sub-§6-A, as enacted by PL 2009, c. 655, Pt. A, §5, 
is repealed.
Sec. 4.  35-A MRSA §3132, sub-§6-C is enacted to read:
6-C.  Elective 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 an 
elective transmission line in accordance with this subsection. The commission may issue 
a certificate only if the petitioner has demonstrated:
A.  That the petitioner provided 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 to construct the elective transmission line; and
B.  That the proposed elective transmission line:
(1)  Will not use ratepayer-funded assets; or
(2) Will use ratepayer-funded assets and:
(a)  The petitioner made these assets available on equal terms to any person 
seeking to compete with the petitioner to construct the elective transmission 
line; and
(b)  The petitioner agrees to provide a benefit to ratepayers in the State of 
equal value to the ratepayer-funded assets used to construct the elective 
transmission line. The commission shall by order establish the value of 
ratepayer-funded assets used to construct the elective 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.
SUMMARY
This bill establishes requirements for the approval of construction of elective 
transmission lines when the party seeking approval from the Public Utilities Commission 
is a transmission and distribution utility.   The bill defines "elective transmission line" as 
a transmission line that is not being constructed primarily for reliability purposes or to 
serve retail customers in the State.  In addition to meeting the existing requirements in 
law for approval of a transmission line, a transmission and distribution utility petitioning 
for commission approval for an elective transmission line is required to demonstrate:
1.  That the petitioner provided 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 to construct the transmission line; and
2.  That the proposed elective transmission line either will not use ratepayer-funded 
assets or will use ratepayer-funded assets and the petitioner made these assets available 
on equal terms to any person seeking to compete with the petitioner to construct the 
transmission line and agrees to provide a benefit to ratepayers in the State of equal value, 
as determined by the commission, to the ratepayer-funded assets used to construct the 
transmission line.