An Act To Ensure Transmission and Distribution Utility Accountability
Maine Legislature, Session 130, LD 1959
Committee Amendment CA_C_S552 (Senate)
Amends: 35-A MRSA §301, 35-A MRSA §1316, 35-A MRSA §1508-A, 35-A MRSA §1513, 35-A MRSA §3146, 35-A MRSA §3210

COMMITTEE AMENDMENT "C " to S.P. 697, L.D. 1959, "An Act To Ensure 
Transmission and Distribution Utility Accountability" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 35-A MRSA §301, sub-§1-A is enacted to read: 
1-A. 
Minimum service standards and report card for transmission and 
distribution utilities. The commission shall adopt rules in accordance with this subsection 
governing the evaluation of transmission and distribution utility service, which must take 
into account the specific characteristics of each utility and its service tenitoi:y. Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. 
A. The rules must include specific, quantitative metrics pertaining to utility operations 
and activities relating to each of the following categories: 
( 1) Service quality, including but not limited to reliability of service and timeliness 
of restoring service after outages; 
(2) Customer service, including but not limited to timeliness and accuracy of bills; 
(3) 
Field services, including but not limited to communication with and 
responsiveness to municipalities, businesses and individuals; and 
( 4) Distributed energy resources interconnection. 
B. The commission shall consider the cost impacts and benefits to ratepayers when 
establishing each service standard and metric pursuant to paragraph A and shall ensure 
that the performance of each service standard and metric may be measured using 
reliable and objective methods and information. 
C. The commission shall set reporting requirements for each metric, including data 
specifications and reporting periods, adequate to track progress in areas of 
performance. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" c_" to S.P. 697, L.D. 1959 { ~-552-j 
D. 
The commission shall designate service standards based on thresholds of 
performance. 
E. 
For each service standard, the commission shall require quarterly filing of 
quantifiable data sufficient for the commission to calculate and publish a quantitative 
score for the service standard. 
F. The commission shall impose administrative penalties for designated thresholds of 
poor performance for service standards in accordance with section 1508-A, subsection 
1, paragraph E unless the utility demonstrates good cause for its failure to meet the 
standard. 
G. The commission shall publish quarterly reports containing scores for each service 
standard for each utility. 
Sec. 2. 35-A MRSA §301, sub-§5 is enacted to read: 
5. Transmission and distribution utility report required; audits. If the commission 
has not made a rate determination within the preceding 5 years for a transmission and 
distribution utility that serves more than 50,000 customers, the utility shall submit a report 
to the commission that includes a comparison of the utility's actual costs with cost estimates 
used in the utility's most recent rate case to set rates. Upon a finding of the commission 
that there was a difference of more than 10% between the transmission and distribution 
utility's actual costs and estimated costs, the commission may: 
A. Require an audit of the transmission and distribution utility in accordance with 
section 113; or 
B. Disallow cost recovery in the transmission and distribution utility's future rate cases. 
This subsection takes effect January 15, 2024. 
Sec. 3. 35-A MRSA §301, sub-§6 is enacted to read: 
6. 
Investor-owned transmission and distribution utility expenditures; 
comparison. No later than November 1, 2022, the commission shall initiate a proceeding 
to conduct a detailed comparison of the annual expenditures of each investor-owned 
transmission and distribution utility in the State with the annual expenditures of other 
comparable investor-owned transmission and distribution utilities located in the United 
States. When conducting this analysis, the commission shall identify specific categories in 
which spending by an investor-owned transmission and distribution utility significantly 
deviated from those expenditures of comparable investor-owned transmission and 
distribution utilities. The commission may use the results of this analysis in future rate 
cases involving an investor-owned transmission and distribution utility. The commission 
may undertake a new comparison or update an existing one in accordance with this 
subsection at any time the commission determines is necessary. For purposes of this 
subsection, a comparable investor-owned transmission and distribution utility is one that 
provides electricity delivery in a service territory in a northern climate that is primarily 
wooded and includes urban and rural areas. 
Sec. 4. 35-A MRSA §1316, as amended by PL 1999, c. 398, Pt. A, §21 and affected 
by §§104 and 105, is further amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'C "to S.P. 697, L.D. 1959 Cs--ss-z..) 
§1316. Testimony presented by employees of public utilities ffi': competitive serviee 
electricity providers, affiliated interests or utility contractors to legislative 
committees and-ta: the Public Utilities Commission and the Public Advocate 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Employee" means a person who currently performs or formerly performed a 
service for wages or other remuneration under a contract of hire, expressed or implied, 
but does not include an independent contractor for a public utility, competitive 
electricity provider, affiliated interest or utility contractor. 
A-1. "Affiliated interest" has the same meaning as in section 707, subsection 1. 
paragraph A. 
B. "Employer" means a public utility or.,_ competitive service electricity provider.,_ 
affiliated interest or utility contractor licensed to do business in this State with one or 
more employees. 
C. 
"Legislative committee" means a joint standing committee or a joint select 
committee of the Legislature, a task force, commission or council or any other 
committee established by the Legislature and composed wholly or partly of Legislators 
for the purpose of conducting legislative business. 
D. "Own time" means an employee's vacation or personal time, earned as a condition 
of employment. 
E. "Utility contractor" means a person that provides goods or services to a public utility 
or competitive electricity provider. 
2. Right of employees to provide testimony. Employees of a public utility or 
coffif)etitive service provider have the right to represent themselves and to testify before or 
provide information to a legislative committee or.,_ the commission or the Public Advocate 
on their own time. An employee of a public utility or competitive service provider who 
complies with this section may not be denied the right to testify before or provide 
information to a legislative committee or.,_ the commission or the Public Advocate. 
2-A. Right of utility contractors to provide testimony. A utility contractor has the 
right to testify before or provide information to a legislative committee, the commission or 
the Public Advocate. 
3. Discharge of, threats to or discrimination against employees of utility serviee 
providers for testimony presented to legislative committees ffi': the commission or the 
Public Advocate. Unless otherwise provided for, a A supervisor may not discharge, 
threaten or otherwise discriminate against an employee of a public utility or competitive 
service 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-te.,_ the 
commission or the Public Advocate 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. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"C "to S.P. 697,L.D.1959 tis-ssz...""\ 
This subsection does not apply to an employee who has testified before or provided 
information to a legislative committee erte.,_ the commission or the Public Advocate 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. 
4. Exceptions. The proteetion protections created in subsection subsections 3 dees 
and 9 do not apply to testimony or information that, upon reasonable inquiry by the 
employee or utility contractor, would be found to be false, slanderous, libelous or 
defamatory or to testimony that violates a term or condition of a collectively bargained 
agreement or to testimony that discloses trade secrets or corporate strategy, the disclosure 
of which would resuk in harm to the employer or consist of information about critical 
energy infrastructure, personally identifiable information, customer-specific information or 
other information that is confidential by law. 
5. Civil actions for injunctive relief or other remedies by employees. An employee 
of a public utility or competitive service provider who alleges a violation of rights under 
this section and who has made reasonable efforts to exhaust all grievance procedures, as 
provided for in the contract of employment or whleh that otherwise may be available at the 
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 clement of the employee's case 
by a preponderance of the evidence. 
5-A. Civil actions for injunctive relief or other remedies by utility contractors. A 
utility contractor that alleges a violation of rights under this section may bring a civil action, 
including an action for injunctive relief, within 90 days after the occurrence of that alleged 
violation. 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. A utility contractor must establish 
each element of the utility contractor's case by a preponderance of the evidence. 
6. Remedies ordered by court. A court, in rendering a judgment in an action brought 
pursuant to this section, may order reinstatement of the employee, the payment of back 
wages, full reinstatement of fringe benefits and seniority rights or any combination of these 
remedies. A If an employee or utility contractor is the prevailing party, a court may also 
shall award the prevailing party employee or utility contractor all or a portion of the costs 
of litigation, including reasonable attorneys' attorney's fees and witness fees, if the court 
determines that the a1.vard is appropriate. 
7. Collective bargaining rights. This section does not diminish or impair the rights 
of a person under any collective bargaining agreement. A public utility, competitive 
electricity provider or affiliated interest may not enter into a collective bargaining 
agreement for the sole purpose of preventing employees from exercising their rights to 
testify before or provide information to a legislative committee, the commission or the 
Public Advocate pursuant to this section. 
COMMITTEE AMENDMENT 
-?--os 
COMMITTEE AMENDMENT "C "to S.P. 697, L.D. 1959 C'2:::rss½ 
8. Jury trial; common-law rights. Any action brought under this section may be 
heard by a jury. Nothing in this section derogates any common-law rights of an employee 
or employer. 
9. Contracts with utility contractors. If a utility contractor. in compliance with this 
section and in good faith. testifies before or provides information to a legislative committee, 
the commission or the Public Advocate, a public utility or competitive electricity provider 
may not respond to such action by the utility contractor by: 
A. Terminating or threatening to terminate a contract with the utility contractor; or 
B. Harming or threatening to harm the utility contractor financially. 
10. Notice of rights required. A public utility and a competitive electricity provider 
shall notify the public utility's and the competitive electricity provider's employees. 
affiliated interests and utility contractors of their rights under this section. 
11. Penalties. The commission may impose penalties for violations of this section. 
This subsection does not apply in the case of an employee of a utility contractor alleging a 
violation under subsection 3. 
12. Rulemaking. The commission may adopt rules to implement this section. Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 
375. subchapter 2-A. 
Sec. 5. 35-A MRSA §1508-A, sub-§1, ~ 
is enacted to read: 
E. In accordance with section 301. subsection 1-A. paragraph F, the commission shall 
impose an administrative penalty on a transmission and distribution utility in an amount 
that does not exceed $1,000,000 or 10% of its annual gross revenue received from 
ratepayers in the State, whichever amount is lower, that fails for any rolling 18-
consecutive-month period or otherwise consistently fails to meet a standard established 
by the commission pursuant to section 301, subsection 1-A, paragraph A. In 
determining the amount of an administrative penalty under this paragraph. in addition 
to the factors in subsection 2. the commission shall take into account the severity of the 
noncompliance, the harm, if any, to ratepayers, whether the noncompliance was the 
result of events or actions within the utility's control and such other factors as the 
commission determines appropriate. The commission shall use the proceeds from the 
administrative penalty assessed under this paragraph to reduce energy costs for low-
income customers. 
Sec. 6. 35-A MRSA §1513 is enacted to read: 
§1513. Divestiture of underperforming investor-owned transmission and distribution 
utility 
The commission shall initiate an adjudicatory proceeding in accordance with this 
section and section 708, subsection 2. paragraph A. subparagraph (8) to determine whether 
divestiture of an investor-owned transmission and distribution utility is warranted if the 
utility consistently fails to meet the service standards established in section 301, subsection 
1-A. consistently fails to meet the requirements of section 301. subsection 1 or is unable to 
fulfill its statutory duties as a public utility because it is financially impaired. If. at the 
conclusion of the adjudicatory proceeding, the commission determines that divestiture of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" L" to S.P. 697, L.D. 1959 (~~ss-i) 
an investor-owned transmission and distribution utility is warranted, the following 
procedures apply. 
1. Consideration of proposals to acquire the utility or its assets. The commission 
shall request proposals from qualified buyers interested in acquiring the investor-owned 
transmission and distribution utility or its assets. 
2. Determination by the commission. The commission shall order the owner of the 
investor-owned transmission and distribution utility to divest the utility if a proposal from 
a qualified buyer: 
A. Will result, over the long term, in net benefits to ratepayers in the form of lower 
rates or better service than the rates and service provided by the investor-owned 
transmission and distribution utility; 
B. Is for a fair and reasonable purchase price that ensures that the owners of the 
investor-owned transmission and distribution utility receive just compensation for the 
sale of the utility or its assets; and 
C. Demonstrates that the buyer has sufficient financial and technical capability, 
expertise and experience to own and operate the utility and the ability to comply with 
all of the legal requirements, including but not limited to compliance with Title 38, 
section 576-A and section 577, subsection 1, for an investor-owned transmission and 
distribution utility. 
If more than one proposal meets the criteria established in this subsection, the commission 
shall order divestiture in accordance with the proposal that results in the greatest net 
benefits to ratepayers. 
3. Superior Court review. Notwithstanding any other provision of this Title, an 
investor-owned transmission and distribution utility may apply by petition to the Superior 
Court of Kennebec County to determine whether the divestiture price determined by the 
commission under subsection 2 provides just compensation. The court shall hold a hearing 
on the petition in which the parties are permitted to present factual and expert testimony 
and other evidence concerning the value of the utility or its assets and shall render a 
decision on whether the divestiture price determined by the commission provides just 
compensation. The decision of the Superior Court may be appealed to the Supreme Judicial 
Court sitting as the Law Court in the same manner as an appeal taken from a judgment of 
the Superior Court in a civil action. 
Sec. 7. 35-A MRSA §3146 is enacted to read: 
§3146. Climate change protection plan 
No later than December 31, 2023, and every 3 years thereafter, an investor-owned 
transmission and distribution utility shall submit to the commission a 10-year plan that 
includes specific actions for addressing the expected effects of climate change on the 
utility's assets needed to transmit and distribute electricity to its customers. As part of the 
plan, the transmission and distribution utility shall include estimates of the costs associated 
with implementing and failing to implement the identified actions. The commission shall 
request input from interested parties on the transmission and distribution utility's plan and 
shall order the transmission and distribution utility to take any action the commission 
determines is reasonable, cost-effective and necessary to ensure that the utility will be able 
to continue to meet the requirements of section 301, subsection 1 for the foreseeable future. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" C," to S.P. 697, L.D. 1959 L s~~G) 
A transmission and distribution utility's prudently incurred costs in taking any action 
ordered by the commission in accordance with this section are just and reasonable operating 
costs for rate-making purposes and must be reflected in the transmission and distribution 
utility's rates. 
Sec. 8. 35-A MRSA §3210, sub-§2, ~-3, as amended by PL 2019, c. 477, §1, is 
further amended by amending subparagraph (1) to read: 
(1) 'Nhose total pov,rer production capacity does not exceed 100 megav,ratts and 
That relies on one or more of the following: 
(a) Fuel cells; 
(b) Tidal power; 
( d) Geothermal installations; 
( e) Hydroelectric generators that meet all state and federal fish passage 
requirements applicable to the generator; 
(f) Biomass generators that are fueled by wood, wood waste or landfill gas; or 
(g) Anaerobic digestion of by-products of waste from animals or agricultural 
crops, food or vegetative material, algae or organic refuse; or 
Sec. 9. 35-A MRSA §3210, sub-§2, 1C, as amended by PL 2009, c. 542, §5, is 
further amended by amending subparagraph (2) to read: 
(2) 'Nbose total pov,er production capacity does not exceed 100 megw.vatts and 
that That relies on one or more of the following: 
(a) Fuel cells; 
(b) Tidal power; 
( c) Solar arrays and installations; 
( d) Wind power installations; 
( e) Geothermal installations; 
(f) Hydroelectric generators; 
(g) Biomass generators that are fueled by wood or wood waste, landfill gas or 
anaerobic digestion of agricultural products, by-products or wastes; or 
(h) Generators fueled by municipal solid waste in conjunction with recycling. 
Sec. 10. Adoption of rules by Public Utilities Commission establishing 
minimum requirements. No later than June 30, 2023, the Public Utilities Commission 
shall adopt the rules required by the Maine Revised Statutes, Title 35-A, section 301, 
subsection 1-A. 
Sec. 11. Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC UTILITIES COMMISSION 
Public Utilities - Administrative Division 0184 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "C..... "to S.P. 697, L.D. 1959 ( $-55£.. j 
~Of 
Initiative: Provides allocations for one Staff Attorney position, one Utility Analyst position 
and associated All Other costs. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Public Utilities - Administrative Division 0184 
Initiative: Provides allocations for contracted services. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
PUBLIC UTILITIES COMMISSION 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
2021-22 
0.000 
$0 
$0 
$0 
2021-22 
$0 
$0 
2021-22 
$0 
$0 
2022-23 
2.000 
$307,938 
$25,592 
$333,530 
2022-23 
$400,000 
$400,000 
2022-23 
$733,530 
$733,530 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill. This amendment: 
1. Requires the Public Utilities Commission to adopt rules governing the evaluation 
of transmission and distribution utility performance and establishing metrics for utility 
operations and activities related to service quality, customer service, field services and 
distributed energy resources interconnection. The commission must publish quarterly 
report cards on utility performance and must impose administrative penalties for a utility's 
poor performance unless the utility demonstrates good cause for its failure to meet the 
service standards; 
2. Authorizes the commission to perform audits and disallow cost recovery for certain 
transmission and distribution utilities when the commission has not made a rate 
determination in the preceding 5 years; 
7 
3. Requires the commission to conduct a detailed expenditure analysis for certain 
8 
transmission and distribution utilities; 
4. Clarifies and adds protections for employees of utilities, competitive electricity 
providers, affiliated interests and utility contractors that provide testimony to legislative 
committees, the commission or the Public Advocate; 
COMMITTEE AMENDMENT 
~qs 
COMMITTEE AMENDMENT" C....:.' to S.P. 697, L.D. 1959 c~-":)SL-j 
5. Establishes a new administrative penalty provision specific to violations of the 
service standard requirements; 
6. Provides for a process to determine whether an underperforming investor-owned 
utility should be required to divest its utility assets to a qualified buyer; 
7. 
Requires transmission and distribution utilities to develop and submit to the 
commission a 10-year plan including specific actions for addressing the expected effects 
of climate change; 
8. Repeals the 100-megawatt cap for electrical generation sources in the definitions of 
"renewable capacity resource" and "renewable resource"; and 
' 
9. 
Requires the commission to adopt rules to implement the service standard 
requirements no later than June 30, 2023. 
The amendment adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/06/22 .:::tPae.. 
LD 1959 
LR2562(04) 
An Act To Ensure Transmission and Distribution Utility Accountability 
Fiscal Note for Bill as Amended by Committee Amendment'~' ( 'S-S'S~ 
Committee: Energy, Utilities and Technology 
Appropriations/ Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
FY 2022-23 
$0 
$733,530 
$0 
$733,530 
Projections 
FY 2023-24 
$347,427 
$347,427 
Projections 
FY 2024-25 
$363,594 
$363,: 
This bill may increase the number of civil suits filed in the court system. The additional workload associated with the 
minimal number of new cases filed in the court system does not require additional funding at this time. The collection 
of additional filing fees may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
This bill establishes new performance standards for transmission and distribution utilities operating in the State and 
creates new oversight responsibilities for the Public Utilities Commission (PUC). The bill includes ongoing 
allocations of $333,530 starting in fiscal year 2022-23 for one Utility Analyst position and one Staff Attorney position 
and associated All Other costs. It also includes a one-time allocation of $400,000 in fiscal year 2022-23 for contracted 
services related to the additional reporting requirements outlined in the bill. The PUC is funded by an assessment set 
to produce sufficient revenue for the expenditures allocated by the Legislature for operating the PUC. The increased 
allocations in this bill require a corresponding increase in revenue from the assessment on transmission and 
distribution utilities. 
LR2562(04) - Fiscal Note - Page 1 of 1