An Act To Update the Regulation of Public Utility Monopolies
Maine Legislature, Session 130, LD 1026
Committee Amendment CA_A_H1025 (House)
Amends: 35-A MRSA §102, 35-A MRSA §103, 35-A MRSA §109, 35-A MRSA §1316, 35-A MRSA §1321, 35-A MRSA §1322, 35-A MRSA §1702, 35-A MRSA §1709

COMMITTEE AMENDMENT ,cft,, to H.P. 7 64, L.D. 1026, "An Act To Update the 
Regulation of Public Utility Monopolies" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Update the Terminology in the Maine Revised Statutes, Title 35-A' 
Amend the bill by striking out everything after the enacting clause and insetting the 
following: 
'Sec. 1. 35-A MRSA §102, sub-§2-A, as enacted by PL 1999, c. 398, Pt. A, §3 and 
affected by §§104 and 105, is repealed. 
Sec. 2. 35-A MRSA §102, sub-§2-B is enacted to read: 
2-B. Competitive electricity provider. "Competitive electricity provider" has the 
same meaning as in section 3201. subsection 5. 
Sec. 3. 35-A MRSA §103, sub-§2, 1C, as enacted by PL 1999, c. 398, Pt. A, §10 
and affected by §§104 and 105, is amended to read: 
C. The commission shall oversee the activities of competitive service electricity 
providers to the extent provided in this Title. 
Sec. 4. 35-A MRSA §109, sub-§1, as amended by PL 1999, c. 398, Pt. A, § 11 and 
affected by §§104 and 105, is further amended to read: 
1. Public utilities. A member or employee of the commission may not: 
A. Have any official or professional connection or relation with any public utility or 
competitive service electricity provider operating within this State; 
B. Hold any stock or securities in any public utility or competitive service electricity 
provider operating within this State; 
C. Render a professional service against any such public utility or competitive service 
electricity provider; or 
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D. Be a member of a firm that renders service against any such public utility or 
competitive service electricity provider. 
Sec. 5. 35-A MRSA §1316, as amended by PL 1999, c. 398, Pt. A, §21 and affected 
by §§ 104 and 105, is further amended by amending the section headnote to read: 
§1316. Testimony presented by employees of public utilities or competitive serviee 
electricity providers to legislative committees and to the Public Utilities 
Commission 
Sec. 6. 35-A MRSA §1316, sub-§1, ~' as amended by PL 1999, c. 398, Pt. A, 
§21 and affected by §§104 and 105, is further amended to read: 
B. 
"Employer" means a public utility or competitive service electricity provider 
licensed to do business in this State with one or more employees. 
Sec. 7. 35-A MRSA §1316, sub-§2, as amended by PL 1999, c. 398, Pt. A, §21 
and affected by §§104 and 105, is further amended to read: 
2. Right to provide testimony. Employees of a public utility or competitive service 
electricity provider have the right to represent themselves and to testify before a legislative 
committee or the commission on their own time. An employee of a public utility or 
competitive service electricity provider who complies with this section may not be denied 
the right to testify before a legislative committee or the commission. 
Sec. 8. 35-A MRSA §1316, sub-§3, as amended by PL 1999, c. 398, Pt. A, §21 
and affected by §§104 and 105, is fmiher amended to read: 
3. Discharge of, threats to or discrimination against employees of utility serviee 
public utilities or competitive electricity providers for testimony presented to 
legislative committees or the commission. Unless otherwise provided for, a supervisor 
may not discharge, threaten or otherwise discriminate against an employee of a public 
utility or competitive service electricity provider regarding the employee's compensation, 
terms, conditions, location or privileges of employment because the employee, in 
compliance with this section, in good faith testifies before or provides information to a 
legislative committee or to the commission regarding the operation of the business of a 
public utility or competitive service electricity provider or because the employee brings the 
subject matter of the testimony or information to the attention of a person having 
supervisory authority. 
This subsection does not apply to an employee who has testified before or provided 
information to a legislative committee or to the commission unless the employee has first 
brought the subject matter of the testimony or information in writing to the attention of a 
person having supervisory authority with the employer and has allowed the employer a 
reasonable time to address the subject matter of the testimony or information. 
If 
appropriate, the employer shall respond in writing. 
Sec. 9. 35-A MRSA §1316, sub-§5, as amended by PL 1999, c. 398, Pt. A, §21 
and affected by §§104 and 105, is fmiher amended to read: 
5. Civil actions for injunctive relief or other remedies. An employee of a public 
utility or competitive service electricity provider who alleges a violation of rights under 
this section and who has made reasonable effo1is to exhaust all grievance procedures, as 
provided for in the contract of employment or which otherwise may be available at the 
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employee's place of employment, may bring a civil action, including an action for 
injunctive relief, within 90 days after the occurrence of that alleged violation or after the 
grievance procedure or similar process terminates. The action may be brought in the 
Superior Court for the county where the alleged violation occurred, the county where the 
complainant resides or the county where the person against whom the civil complaint is 
filed resides. An employee must establish each and every element of the employee's case 
by a preponderance of the evidence. 
Sec. 10. 35-A MRSA §1321, as amended by PL 1999, c. 398, Pt. A, §22 and 
affected by §§104 and 105, is fmther amended to read: 
§1321. Orders altered or amended 
The commission may at any time rescind, alter or amend any order it has made 
including an order fixing any rate or rates, tolls, charges or schedules of a public utility or 
an order relating to matters within the jurisdiction of the commission with respect to a 
competitive service electricity provider only if it gives the public utility or competitive 
~ 
electricity provider and all patties to the original proceeding, to the extent practical, 
written notice and after opportunity for those patties to present evidence or argument, as 
determined appropriate by the commission. Ce1tified copies of amended orders must be 
served and take effect as provided for original orders. Nothing in this section is intended 
to grant to the commission authority to establish or approve the rates charged by 
competitive ~ 
electricity providers. 
Sec. 11. 35-A MRSA §1322, sub-§1, as amended by PL 1999, c. 398, Pt. A, §23 
and affected by §§104 and 105, is fmther amended to read: 
1. Orders temporarily amended. When the commission finds it necessaiy to prevent 
injmy to a public utility's business or to the interest of the people, or if the commission 
finds there is an emergency, it may temporarily alter, amend or, with the public utility's 
consent, suspend existing rates, schedules or orders affecting the public utility. When the 
commission finds it necessary to prevent injury to a competitive service electricity 
provider's business or to the interest of the people, or if the commission finds there is an 
emergency, it may temporarily alter, amend or, with the competitive service electricity 
provider's consent, suspend existing orders affecting the competitive service electricity 
provider. 
Sec. 12. 35-A MRSA §1322, sub-§3, as enacted by PL 1999, c. 398, Pt. A, §23 
and affected by §§104 and 105, is amended to read: 
3. 
Limitation of authority. 
Nothing in this section is intended to grant the 
commission authority to establish or approve the rates charged by competitive service 
electricity providers. 
Sec. 13. 35-A MRSA §1702, sub-§1, ~' as amended by PL 1999, c. 398, Pt. A, 
§24 and affected by§§ 104 and 105, is fmther amended to read: 
B. The reasonableness and adequacy of the service fumished or proposed to be 
fumished by any public utility or competitive service electricity provider; 
Sec. 14. 35-A MRSA §1702, sub-§3, as amended by PL 1999, c. 398, Pt. A, §25 
and affected by §§104 and 105, is further amended to read: 
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3. 
Petition to initiate proceedings. 
The Public Advocate may petition the 
commission to initiate proceedings to review, investigate and take appropriate action with 
respect to the rates or service of any public utility or competitive service electricity provider 
when determined necessary by the Public Advocate. 
Sec. 15. 35-A MRSA §1702, sub-§5, as amended by PL 2019, c. 71, § 1, is further 
amended to read: 
5. Intervention on behalf of public. The Public Advocate may, on behalf of the using 
and consuming public, or any pmticular group of consumers, petition to initiate, or 
intervene and appear in, any proceedings before the commission, appeals from orders of 
the commission, or proceedings before state and federal agencies and comts in which the 
subject matter of the action affects the customers of any utility or competitive service 
electricity provider doing business in this State. 
Sec. 16. 35-A MRSA §1709, as amended by PL 1999, c. 398, Pt. A, §28 and 
affected by §§104 and 105, is fmther amended to read: 
§1709. Conflicts of interest 
In addition to the limitations of Title 5, section 18, the Public Advocate or any 
employee of the Public Advocate may not have any official or professional connection or 
relation with, or hold any stock or securities in, any public utility or competitive service 
electricity provider operating within this State; render any professional service against any 
such public utility or competitive 5efV-iee electricity provider; or be a member of a firm that 
renders any such service.' 
Amend the bill by relettering or renumbering any nonconsecutive Pmt letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill, which is a concept draft. The amendment updates 
the Maine Revised Statutes, Title 35-A to use consistent terminology. The amendment 
repeals the definition of "competitive service provider" and replaces each usage with 
"competitive electricity provider." The amendment also corrects one instance in which an 
undefined term, "utility service providers," is used. 
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