An Act Pertaining to Transmission Lines Not Needed for Reliability or Local Generation
Maine Legislature, Session 130, LD 0170
Committee: Energy, Utilities and Technology
Sponsors: GROHOSKI, LAWRENCE, BERRY, KESSLER, PEBWORTH, BENNETT, VITELLI
Amends: 35-A MRSA §3131, 35-A MRSA §3132

Legislative Document
No. 170
H.P. 123
House of Representatives, January 25, 2021
An Act Pertaining to Transmission Lines Not Needed for Reliability 
or Local Generation
Received by the Clerk of the House on January 21, 2021.  Referred to the Committee on 
Energy, Utilities and Technology pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative GROHOSKI of Ellsworth.
Cosponsored by Senator LAWRENCE of York and
Representatives: BERRY of Bowdoinham, KESSLER of South Portland, McDONALD of 
Stonington, PEBWORTH of Blue Hill, Senators: BENNETT of Oxford, VITELLI of 
Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3131, sub-§4-A, as enacted by PL 2009, c. 655, Pt. A, §3, is 
repealed.
Sec. 2.  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.
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repealed.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.  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 
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 January 15, 2022, the commission shall submit a report on the results of the 
inquiry, including findings, recommendations and suggested legislation, to the Joint 
Standing Committee on Energy, Utilities and Technology.  The committee may report out 
a bill to the Second Regular Session of the 130th Legislature based on the commission's 
report.
SUMMARY
This bill establishes requirements for the approval of construction of nonessential 
transmission lines when the party seeking approval from the Public Utilities Commission 
is a transmission and distribution utility.  The bill defines "nonessential transmission line" 
as a transmission line that is not being constructed primarily for reliability purposes or to 
serve retail customers in the State and provides that a generator interconnection 
transmission facility is not a nonessential transmission line.  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 a nonessential transmission line 
is required to demonstrate 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 bill 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 consideration given to ratepayer benefits and greenhouse gas reduction 
goals and to report the results of the inquiry to the Joint Standing Committee on Energy, 
Utilities and Technology.