Resolve, To Require the Approval by the Public Utilities Commission of a Proposal for a Long-term Contract for Deep-water Offshore Wind Energy
Maine Legislature, Session 129, LD 0994
Committee Amendment CA_A_S245 (Senate)

COMMITTEE AMENDMENT" A" to S.P. 284, L.D. 994, "Resolve, To Require 
the Approval by the Public Utilities Commission of a Proposal for a Long-term Contract 
for Deep-water Offshore Wind Energy" 
Amend the resolve by striking out everything after the title and inserting the 
following: 
'Preamble. Whereas, legislative power is defined by limitation, not by grant, and 
is absolute except as restricted by the Constitution of Maine; and 
Whereas, regulation of public utilities is a function of the Legislature, or a 
subordinate body, in the exercise of the police powers, as an attribute of sovereignty; and 
Whereas, the Legislature's delegation of authority to the Public Utilities 
Commission may be withdrawn, modified or superseded in whole or in part from time to 
time by the Legislature by specific legislative act or resolve exercising the Legislature's 
absolute authority; and 
Whereas, in 2010, the 124th Legislature enacted An Act To Implement the 
Recommendations of the Governor's Ocean Energy Task Force, Public Law 2009, 
chapter 615, finding that development of offshore wind energy projects in the Gulf of 
Maine is in the public interest; and 
Whereas, Public Law 2009, chapter 615, Part A, section 6 directed the Public 
Utilities Commission to conduct a competitive solicitation for proposals for long-term 
contracts to supply installed capacity and associated renewable energy and renewable 
energy credits from one or more deep-water offshore wind energy or tidal energy 
demonstration projects and further directed the commission to make every effort to 
effectuate any such project; and 
Whereas, on July 9, 2013, the Public Utilities Commission issued a request for 
proposals for long-term contracts for deep-water offshore wind energy pilot projects; and 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT" /·i "toS.P.284,L.D.994 ( ~,-,)l\"~ 
Whereas, on August 30, 2013, Maine Aqua Ventus I, GP, LLC submitted a 
responsive proposal to the Public Utilities Commission in response to the request for 
proposals; and 
Whereas, the Public Utilities Commission evaluated the Maine Aqua Ventus 
proposal and by orders issued February 13, 2014 and February 19, 2014 in Docket No. 
2010-00235 selected Maine Aqua Ventus as the seller to transfer to Central Maine Power 
Company transmission and distribution capacity and associated energy produced by its 
deep-water offshore wind energy pilot project, subject to certain terms and conditions, 
referred to as "the term sheet," set forth in the February 13, 2014 and February 19, 2014 
orders; and 
Whereas, in its February 19, 2014 order approving the term sheet, the Public 
Utilities Commission found that Maine Aqua Ventus had satisfied each of the 6 criteria 
enacted by the Legislature in Public Law 2009, chapter 615, Part A, section 6, subsection 
1, paragraphs A to Fas prerequisites to ordering a transmission and distribution utility to 
enter into a long-term contract for the purchase of energy and capacity from Maine Aqua 
Ventus; and 
Whereas, consistent with the terms and conditions set forth by the Public Utilities 
Commission in its February 2014 orders, Maine Aqua Ventus and Central Maine Power 
Company negotiated and drafted a long-term contract for capacity and associated energy 
following a series of meetings involving Maine Aqua Ventus, Central Maine Power 
Company, the Office of the Public Advocate and commission staff and legal counsel and 
filed the final draft with the Public Utilities Commission in December 2017; and 
Whereas, in January 2018, the Public Utilities Commission delayed the contract's 
approval and solicited public comment on whether to reconsider the February 2014 orders 
approving the term sheet; and 
Whereas, on June 12, 2018, the Public Utilities Commission decided, despite 
objections from Maine Aqua Ventus and the great majority of public commenters, to not 
act on the long-term contract between Maine Aqua Ventus and Central Maine Power 
Company filed with the commission in December 2017 and by order issued August 6, 
2018 reopened the proceeding to reconsider the February 2014 orders; and 
Whereas, since 2010, scientists and energy experts in the State and around the 
world have increasingly concluded that offshore wind will make a major contribution to 
the expansion of essential renewable energy generation, reducing reliance on fossil fuels 
and greatly assisting in the transition to a reduced carbon future; and 
Whereas, since 2010, offshore wind energy development has rapidly accelerated in 
southern New England and other states on the Atlantic Coast, with fixed-bottom offshore 
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wind energy projects contracting to deliver thousands of megawatts of power to regional 
electricity consumers and hundreds of millions of dollars being invested in projects and 
related onshore logistical and construction support; and 
Whereas, the finite locations available for siting fixed-bottom offshore wind energy 
projects in the State, the United States and much of the world limit such development, 
creating a clear need for and public interest in the prompt development of cost-effective 
floating offshore wind energy technology, especially for regions such as the Gulf of 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"')l "toS.P.284,L.D.994 ( S J-L,':;~) 
Maine that lack the shallow water and sandy ocean floor necessary for fixed-bottom 
technologies; and 
Whereas, in 2019, floating offshore wind energy technology remains essential to the 
State to reach its carbon reduction goals in a cost-effective manner, to mitigate the 
destructive warming of the Gulf of Maine and to benefit the economy through becoming 
an international source of floating offshore wind energy technology and manufacturing; 
and 
Whereas, the Legislature finds that the public interest in prompt action by the State 
to determine the feasibility of the Maine Aqua Ventus floating offshore wind energy 
technology in the Gulf of Maine requires that the Legislature make certain findings and 
require the Public Utilities Commission to order execution of the December 2017 long-
term contract between Maine Aqua Ventus and Central Maine Power Company necessary 
to effectuate the deep-water offshore wind energy pilot project; and 
Whereas, the Legislature finds that it is in the best interest of the State to approve 
the December 2017 long-term contract between Maine Aqua Ventus and Central Maine 
Power Company as previously negotiated and drafted except with only such revisions as 
may be commercially necessary in light of the passage of time and the maturation of the 
offshore wind industry so that the deep-water offshore wind energy pilot project may 
move forward expeditiously and generate the benefits to the State and its people sought 
by the Legislature in Public Law 2009, chapter 615 and subsequent legislation; now, 
therefore, be it 
Sec. 1. Findings. Resolved: That, notwithstanding any provision of law to the 
contrary or prior action or failure to act by the Public Utilities Commission, in order to 
best and most expeditiously effectuate the policies, goals and mandates set forth in the 
Maine Revised Statutes, Title 35-A, section 3202, subsection 1 and Title 35-A, section 
3404, subsections 1 and 2; complete the competitive solicitation initiated by enactment of 
Public Law 2009, chapter 615, Part A, section 6; and make every effort to effectuate the 
Maine Aqua Ventus I, GP, LLC floating deep-water offshore wind energy demonstration 
project, the Legislature: 
1. Finds that based on information filed by Maine Aqua Ventus I, GP, LLC, referred 
to in this resolve as "Maine Aqua Ventus," and others in the Public Utilities Commission 
Docket No. 2010-00235 and information otherwise in the public domain regarding the 
rapid worldwide development of offshore wind energy since 2010 and most recently 
offshore of the states of Massachusetts, Rhode Island, Connecticut, New York, New 
Jersey, Maryland and Virginia, including hundreds of millions of dollars of planned 
investment in onshore logistical support and construction, the Public Utilities 
Commission correctly concluded in its February 19, 2014 order that Maine Aqua Ventus, 
referred to in this subsection as "the supplier," had satisfied each of the 6 criteria enacted 
by the Legislature in Public Law 2009, chapter 615, Part A, section 6, subsection 1, 
paragraphs A to F, as follows: 
A. "Supplier proposes sale of renewable energy produced by a deep-water offshore 
wind energy pilot project or a tidal energy demonstration project as defined in this 
RFP"; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f'i "to S.P. 284, L.D. 994 i ;,-· ~ ,_ I :) 
B. "Supplier has the technical and financial capacity to develop, construct, operate 
and, to the extent consistent with applicable federal law, decommission and remove 
the project in the manner provided by Title 38, section 480-HH, subsection 3, 
paragraph G"; 
C. "Supplier has quantified the tangible economic benefits of the project to the State, 
including those regarding goods and services to be purchased and use of local 
suppliers, contractors and other professionals, during the proposed term of the 
contract"; 
D. "Supplier has experience relevant to tidal power or the offshore wind energy 
industry, as applicable, including, in the case of a deep-water offshore wind energy 
pilot project proposal, experience relevant to the construction and operation of 
floating wind turbines, and has the potential to construct a deep-water offshore wind 
energy project 100 megawatts or greater in capacity in the future to provide electric 
consumers in Maine with project-generated power at reduced rates"; 
E. "Supplier has demonstrated a commitment to invest in manufacturing facilities in 
Maine that are related to deep-water offshore wind energy or tidal energy, as 
applicable, including, but not limited to, component, turbine, blade, foundation or 
maintenance facilities"; and 
F. "Supplier has taken advantage of all federal support for the project, including 
subsidies, tax incentives and grants, and incorporated those resources into its bid 
price"; 
2. Finds that the development and operation of Maine Aqua Ventus technology under 
the long-term contract will: 
A. Meet and surpass the substantial economic and professional opportunities and 
other societal benefits to the State anticipated by the Legislature in Public Law 2009, 
chapter 615 and subsequent legislation; 
B. Provide benefits to providers of supervisory control and data acquisition systems 
and other monitoring services, systems controls providers, marine and construction 
engineering fmns, marine transport services technology apprenticeship programs and 
other industries and service providers in the State; 
C. Promote the public interest in development of reasonably priced, high load factor, 
winter-peaking renewable energy at projected and stable rates to serve the State and 
the regional power grid; and 
D. Achieve several public purposes, including creating offshore-wind-related 
employment in the State, decreasing reliance on fossil fuels and increasing 
availability of renewable energy, mitigating the destructive warming of the Gulf of 
Maine and greatly assisting the State in achieving its carbon reduction goals; and 
3. Finds that the public interest requires that the State Government maintain 
consistent, transparent and predictable regulatory processes and that the State 
Government thus be known to the world to keep its word. 
Sec. 2. Maine Aqua Ventus to file draft contract with Public Utilities 
Commission. Resolved: That, within 15 days of the effective date of this resolve, 
Maine Aqua Ventus shall file with the Public Utilities Commission a draft revised 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" /1- "to S.P. 284,L.D. 994 ( S·Z &{r;:) 
contract, which must be the same as the contract filed with the commission on December 
13, 2017, in Docket No. 2010-00235, except for revisions necessary for the purposes of 
updating the previously negotiated contract in light of the passage of time and the 
maturation of the industry and facilitating the financing, construction and operation of the 
demonstration project in current circumstances. 
Sec. 3. Contract negotiations; final draft contract. Resolved: That, within 
days after the filing of the draft revised contract under section 2, the Public Utilities 
Commission shall initiate and complete negotiations among commission staff, Maine 
Aqua Ventus, Central Maine Power Company and the Office of the Public Advocate and 
O 
shall approve a final draft contract. The final draft contract must be the same as the 
contract filed with the commission on December 13, 2017, in Docket No. 2010-00235, 
except for revisions necessary for the purposes of updating the contract in light of the 
passage of time and the maturation of the industry and facilitating the financing, 
construction and operation of the demonstration project in current circumstances, within 
the cost limitations established in Public Law 2009, chapter 615, while not increasing or 
decreasing the annual energy production cap or, except as needed to reasonably 
accommodate for construction inflation costs since 2014, the cost per kilowatt-hour 
previously set in the base energy price. 
Sec. 4. 
Contract executed between Maine Aqua Ventus and Central 
Maine Power Company; cost recovery. Resolved: That, within 90 days of the 
effective date of this resolve, the Public Utilities Commission shall order the final draft 
contract approved under section 3 to be executed by Maine Aqua Ventus and Central 
Maine Power Company. The commission shall permit a transmission and distribution 
utility that it has directed to enter into a long-term contract under this section to recover 
the full cost of the purchases made under that contract in appropriate rate-making 
proceedings. 
Sec. 5. Project monitoring; contract amendments. Resolved: That the 
Public Utilities Commission shall monitor the deep-water offshore wind energy pilot 
project developed by Maine Aqua Ventus and shall advise and consult with the parties to 
the project with regard to the exploration, assessment and implementation of all 
commercially reasonable actions to accomplish the objectives of Public Law 2009, 
chapter 615 through the financing, construction and operation of the demonstration 
project. The commission shall approve requested amendments to the contract executed 
under section 4 between Maine Aqua Ventus and Central Maine Power Company that are 
reasonably designed to accomplish the objectives of Public Law 2009, chapter 615 and to 
facilitate the financing and operation of the deep-water offshore wind energy pilot project 
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as Maine Aqua Ventus may request from time to time, except that an amendment to the 
contract may not modify the annual energy production cap or, except as needed to 
reasonably accommodate for construction inflation costs since 2014, the cost per 
kilowatt-hour set in the base energy price under the contract. 
Sec. 6. 
Authority for legislation. 
Resolved: 
That the Joint Standing 
Committee on Energy, Utilities and Technology may report out a bill relating to deep-
water offshore wind energy to the Second Regular Session of the 129th Legislature.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" /+.."to S.P. 284,L.D. 994 ( 1j ·.'.'-('> 
SUMMARY 
This amendment adds additional specifications to the directive in the resolve to the 
Public Utilities Commission to approve a long-term contract for energy and capacity 
between Maine Aqua Ventus and Central Maine Power Company. 
The amendment 
additionally specifies and requires that: 
1. Maine Aqua Ventus file a draft contract with the commission within 15 days of the 
effective date of the resolve; 
2. The commission initiate and complete negotiations among commission staff, 
Maine Aqua Ventus, Central Maine Power Company and the Office of the Public 
Advocate and approve a contract between Maine Aqua Ventus and Central Maine Power 
Company within 60 days of the filing of the draft contract; 
3. The final draft contract be the same as the contract filed with the commission on 
December 13, 2017, in Docket No. 2010-00235, except for revisions necessary for the 
purposes of updating the contract in light of the passage of time and the maturation of the 
industry and facilitating the financing, construction and operation of the demonstration 
project in current circumstances, within the cost limitations established in Public Law 
2009, chapter 615, while not increasing or decreasing the annual energy production cap 
or, except as needed to reasonably accommodate for construction inflation costs since 
2014, the cost per kilowatt-hour previously set in the base energy price; and 
4. The commission order the final draft contract to be executed by Maine Aqua 
Ventus and Central Maine Power Company within 90 days of the effective date of the 
resolve. 
The amendment also provides for the Public Utilities Commission to monitor the 
deep-water offshore wind energy pilot project developed by Maine Aqua Ventus and 
respond to requested future amendments to the contract in the context of accomplishing 
the objectives of Public Law 2009, chapter 615 and authorizes the Joint Standing 
Committee on Energy, Utilities and Technology to report out a bill related to deep-water 
offshore wind energy to the Second Regular Session of the 129th Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/29/19 feac:. 
LD994 
LR 1577(02) 
Resolve, To Require the Approval by the Public Utilities Commission of a Proposal for a Long-term 
Contract for Deep-water Offshore Wind Energy 
Fiscal Note for Bill as Amended by Committee Amendment"!+" { S··2J·/~) 
Committee: Energy, Utilities and Technology 
· 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Public Utilities Commission as a result of the inclusion of specific requirements in their 
approval of a long-term energy and capacity contract between Maine Aqua Ventus I, GP, LLC and Central Maine 
Power Company are anticipated to be minor and can be absorbed within existing budgeted resources. This agreement 
may include specific power purchase rates not tied to the market rate for electricity, the cost of which may be passed 
.on to electric utility customers through scheduled rate cases. 
LR1577(02) - Fiscal Note - Page 1 of 1