An Act To Ensure Transmission and Distribution Utility Accountability
Maine Legislature, Session 130, LD 1959
Committee Amendment CA_B_S551 (Senate)
Amends: 5 MRSA §12021, 5 MRSA §12025, 35-A MRSA §113, 35-A MRSA §301, 35-A MRSA §1316, 35-A MRSA §1508-A, 35-A MRSA §1509, 35-A MRSA §1513, 35-A MRSA §1514, 35-A MRSA §3146, 35-A MRSA §3147

COMMITTEE AMENDMENT ",6 " 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. 5 MRSA §12021, sub-§6, ,il)-1 is enacted to read: 
D-1. An investor-owned public utility under Title 35-A, section 113, subsection 6; 
Sec. 2. 5 MRSA §12025 is enacted to read: 
§12025. Exception for investor-owned public utility 
Notwithstanding any provision of this subchapter to the contrary, an investor-owned 
public utility under Title 35-A, section 113, subsection 6 is not subject to any of the 
requirements of this subchapter except for section 12022, subsection 3. 
Sec. 3. 35-A MRSA §113, sub-§6 is enacted to read: 
6. Investor-owned utility selection of vendors. An investor-owned public utility 
shall, no later than November 1, 2022, comply with the requirements of Title 5, section 
12022, subsection 3 to ensure that the utility secures the best value in its procurements. For 
the purposes of this subsection, "investor-owned public utility" means a public utility that 
operates as a for-profit corporation owned by shareholders and is not wholly owned by its 
customers. The commission by rule may define when competitive procurement by an 
investor-owned utility under Title 5, section 12022, subsection 3 may be waived, including 
when the utility is responding to emergencies or in other situations in which the commission 
determines competitive procurement is impractical. Rules adopted under this subsection 
are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 4. 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 that serves more 
Page I - 130LR2562(03) 
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COMMITTEE AMENDMENT"£ "to S.P. 697, L.D. 1959 { 2)-55"1) 
than 50,000 customers in the State, which must take into account the specific characteristics 
of each utility and its service territory. Rules adopted pursuant to this subsection are major 
substantive 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) 
Customer satisfaction, using a statistically valid survey selected by the 
commission; 
(4) 
Field services, including but not limited to communication with and 
responsiveness to municipalities, businesses and individuals; and 
(5) Distributed energy resources interconnection. 
B. The commission shall set reporting requirements for each metric, including data 
specifications and reporting periods, adequate to track progress in areas of 
performance. 
C. 
The commission shall designate service standards based on thresholds of 
performance. 
D. 
For each service standard, the comm1ss10n shall require quarterly filing of 
quantifiable data sufficient for the commission to calculate and publish a quantitative 
score for the service standard. 
E. The commission shall impose administrative penalties for designated thresholds of 
poor performance for service standards in accordance with section 1508-A, subsection 
I, paragraph E unless the utility demonstrates good cause for its failure to meet the 
standard. 
F. The commission shall publish quarterly repo1ts containing scores for the service 
standards in paragraph A, subparagraphs (1), (2), (4) and (5) for each utility. The 
commission shall publish reports containing scores for the service standard in 
subparagraph (3) at least annually. 
G. Once every 3 years, the commission may audit the data reported by a utility for 
each standard. 
H. A failure by a utility to accurately report data in accordance with the requirements 
of this section is a violation of this section subject to an administrative penalty under 
section 1508-A. 
Sec. 5. 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 2 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 5% between the transmission and distribution 
utility's actual costs and estimated costs. the commission may: 
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COMMITTEE AMENDMENT" _B "to S.P. 697, L.D. 1959 {5 • S5lj 
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 Januaiy 15, 2024. 
Sec. 6. 35-A MRSA §301, sub-§6 is enacted to read: 
6. 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 transmission and distribution utility in the 
State with the annual expenditures of other comparable transmission and distribution 
utilities located in the United States. When conducting this analysis, the commission shall 
identify specific categories in which spending by a transmission and distribution utility 
significantly deviated from those expenditures of comparable transmission and distribution 
utilities. For the purposes of this subsection, a comparable transmission and distribution 
utility is one that is of approximately equal size in the United States. The commission may 
use the results of this analysis in future rate cases involving a transmission and distribution 
utility. The commission may unde1take a new comparison or update an existing one in 
accordance with this subsection at any time the commission determines is necessary. This 
subsection applies only to a transmission and distribution utility that serves more than 
50,000 customers in the State. 
Sec. 7. 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: 
§1316. Testimony presented by employees of public utilities arl competitive serviee 
electricity providers, affiliated interests or utility contractors to legislative 
committees a-nd--tal 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 er~ 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. 
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COMMITTEEAMENDMENT"B "to S.P. 697, L.D. 1959 (s-ssD 
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 
competitive service provider have the right to represent themselves and to testify before or 
provide information to a legislative committee er.,_ 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 er.,_ 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 service 
providers for testimony presented to legislative committees 0F.1 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. 
This subsection does not apply to an employee who has testified before or provided 
information to a legislative committee er-te.,_ 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 protection 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 1.vhich would result in harm to the employer. 
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 whieh 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. 
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COMMITTEE AMENDMENT" _B" to S.P. 697, L.D. 1959 {5 -551) 
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 award is appropriate. 
7. Colleetive bargaining rights Agreements. 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 an agreement 
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. 
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 shall 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. 8. 35-A MRSA §1508-A, sub-§1, as amended by PL 2021, c. 108, §§3 and 4 
and c. 318, §7, is repealed and the following enacted in its place: 
1. 
Penalty. 
Unless otherwise specified in law, the commission shall, in an 
adjudicatory proceeding, impose an administrative penalty as specified in this section. 
A. For violations of this Title, a commission rule or a commission order by a public 
utility, voice service provider, dark fiber provider, wholesale competitive local 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 'e:," to S.P. 697, L.D. 1959 ( ,5 -55'~ 
exchange carrier or competitive electricity provider, the commission may impose an 
administrative penalty for each violation in an amount between .10% and .25% of the 
annual gross revenue that the public utility, voice service provider, dark fiber provider, 
wholesale competitive local exchange carrier or competitive electricity provider 
received from sales in the State. Each day a violation continues constitutes a separate 
offense. The maximum administrative penalty for any related series of violations may 
not exceed 5% of the annual gross revenue that the public utility, voice service 
provider, dark fiber provider, wholesale competitive local exchange carrier or 
competitive electricity provider received from sales in the State. 
B. For a violation in which a public utility, voice service provider, dark fiber provider, 
wholesale competitive local exchange carrier or competitive electricity provider was 
explicitly notified by the commission that it was not in compliance with the 
requirements of this Title, a commission rule or a commission order and that failure to 
comply could result in the imposition of administrative penalties, the commission shall 
impose an additional administrative penalty between .10% and .25% of the annual 
gross revenue that the public utility, voice service provider, dark fiber provider, 
wholesale competitive local exchange carrier or competitive electricity provider 
received from sales in the State. 
B-1. In addition to any penalty imposed on a competitive electricity provider under 
paragraph A or B, the commission may: 
(1) For a willful violation of this Title by any 3rd-party sales agent undertaking 
the retail sale or marketing of electricity on behalf of a competitive electricity 
provider, impose an additional administrative penalty on the competitive electricity 
provider in an amount that does not exceed $5,000 or .25% of the annual gross 
revenue that the 3rd-party sales agent received from sales and commissions in the 
State. Each day a violation continues constitutes a separate offense. The maximum 
administrative penalty for any related series of violations may not exceed $500,000 
or 5% of the annual gross revenue that 3rd-party sales agent received from sales 
and commissions in the State, whichever amount is lower; and 
(2) For a violation in which a 3rd-party sales agent was explicitly notified by the 
commission that it was not in compliance with the requirements of this Title, a 
commission rule or a commission order and that failure to comply could result in 
the imposition of administrative penalties or the termination of the 3rd-party sales 
agent's registration, impose an administrative penalty that does not exceed 
$500,000 and may terminate the registration of the 3rd-party sales agent. 
C. The commission may impose an administrative penalty in an amount that does not 
exceed $1,200 on any person that is not a public utility, voice service provider, dark 
fiber provider, wholesale competitive local exchange carrier, competitive electricity 
provider or 3rd-party sales agent undertaking the retail sale or marketing of electricity 
on behalf of a competitive electricity provider and that violates this Title, a commission 
rule or a commission order. Each day a violation continues constitutes a separate 
offense. The administrative penalty may not exceed $29,000 for any related series of 
violations. 
D. The commission shall impose an administrative penalty on a transmission and 
distribution utility in an amount that does not exceed 10% of its annual gross revenue 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" '3" to S.P. 697, L.D. 1959 Cs-ss~ 
received from ratepayers in the State that fails for 2 consecutive calendar quarters or 
otherwise consistently fails to meet a standard established by the commission pursuant 
to section 301, subsection 1-A, paragraph A. 
Each calendar quarter that the 
transmission and distribution utility fails to meet the standard constitutes a separate 
offense. The commission shall use the proceeds from the penalty imposed under this 
paragraph to reduce energy costs for low-income customers. 
Sec. 9. 35-A MRSA §1509, as amended by PL 2003, c. 505, §24, is further amended 
to read: 
§1509. Limitation on imposing penalty 
An action that may result in the imposition of an administrative penalty under this 
chapter must be commenced within~ 20 years after the cause of action accrues. 
Sec. 10. 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. paragraph 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 
or if a proceeding is requested by the Public Advocate. If, at the conclusion of the 
adjudicatory proceeding, the commission determines that divestiture of 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 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 transmission and 
distribution utility; 
B. Will result in greater local control of the utility's management and operations in a 
manner that improves the ability of local management to protect the interests of the 
utility's ratepayers in this State; 
C. Is for a fair and reasonable purchase price; and 
D. 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 3 8, 
section 576-A and section 577, subsection 1, for an investor-owned transmission and 
distribution utility. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "B "to S.P. 697, L.D. 1959 ( S-55~ 
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. 
Sec, 11. 35-A MRSA §1514 is enacted to read: 
§1514. Franchise of investor-owned transmission and distribution utility 
The franchise of each investor-owned transmission and distribution utility in the State 
expires 20 years from the date of its most recent reorganization under section 708. The 
commission shall determine whether to renew a franchise or to award the franchise to a 
different entity following the procedures for a divestiture under section 1513. 
Sec. 12. 35-A MRSA §3146 is enacted to read: 
§3146. Climate change protection plan 
No later than July I, 2023, and every 3 years thereafter, a 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. 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 and necessary to ensure that the utility will be able to continue to meet the 
requirements of section 3 0 I, subsection 1 for the foreseeable future. 
Sec. 13. 35-A MRSA §3147 is enacted to read: 
§3147. Integrated grid planning 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Covered utility" means a large, investor-owned transmission and distribution utility 
as defined in section 3201, subsection 12. 
B. "Environmental justice" means the fair treatment and meaningful involvement of all 
persons regardless of race, color, national origin or income with respect to the 
development, implementation and enforcement of environmental laws, rules, 
regulations and policies. 
C. "Grid plan" means a IO-year integrated grid plan for a covered utility developed in 
accordance with this section designed to improve system reliability and resiliency and 
enable cost-effective compliance with the greenhouse gas reduction obligations and 
climate policies pursuant to Title 3 8, section 57 6-A and section 577, subsection 1. 
D. "Hosting capacity" means a threshold at a circuit at which new distributed energy 
resources will result in upgrades or changes to the electrical distribution system and 
require cost considerations of related upgrades and changes. 
2. Plan development. The commission shall develop and implement grid plans for 
covered utilities in order to transition to a clean, affordable and reliable electric grid in a 
cost-effective manner. The commission may contract with an independent organization to 
assist in development of a grid plan and shall hold technical conferences or stakeholder 
workshops before the grid plan is developed to define requirements and inform data, 
assumptions, methodologies and tools that will assist the commission in determining what 
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COMMITTEE AMENDMENT "_13 "to S.P. 697, L.D. 1959 {$-SS-0 
actions if any it will direct a covered utility to take. In developing the grid plan, the 
commission shall solicit input from regional transmission entities with respect to 
transmission system planning and experts in distribution system design with respect to 
distribution system planning. Covered utilities shall provide the information requested by 
the commission in order to develop a grid plan. 
3. Plan submission. No later than December 15, 2023, and every 3 years thereafter, 
the commission shall seek public comment on grid plans developed in accordance with this 
section. The commission shall open an adjudicatory proceeding or proceedings on each 
covered utility's grid plan and shall ensure to the greatest extent practicable that any 
information related to the grid plan is provided in a form accessible to interested parties 
and all relevant data and distribution planning modeling tools are available to stakeholders 
subject to commercial nondisclosure requirements, confidential energy infrastructure 
requirements, codes of conduct and other commercial requirements, commission 
requirements and Federal Energy Regulatory Commission requirements. The commission 
shall require each covered utility to implement the grid plan. For the initial grid plan, the 
commission may provide a phase-in schedule to allow a covered utility to comply with 
components incrementally. The commission shall develop reporting metrics, establish 
baselines and track progress in implementing the grid plan. 
4. Plan revision and enforcement. The commission may, at any time as it determines 
necessary, revise a grid plan to address any deficiencies in the grid plan and may order a 
covered utility to take any reasonable actions to align its business, programs, operations 
and investments with the plan. The commission may assess administrative penalties in 
accordance with section 1508-A for any failure by a covered utility to follow any 
commission order to align its business, programs, operations and investments with the plan. 
5. Contents of plan. A grid plan developed under this section must: 
A. Describe how the covered utility's assets and operations will be used to achieve the 
goals and implement the strategies of the State's climate action plan under Title 3 8, 
section 577 with specific reference to the climate action plan and incorporate relevant 
information from reports and analysis completed by other state agencies and quasi-
independent state entities: 
B. Evaluate the electric system of the covered utility and its relationship to the regional 
gilit 
C. Include a 3-year action plan to optimize near-term grid investments and operations 
consistent with the grid plan; 
D. For strategies related to customer energy consumption and usage characteristics, 
reference and incorporate all relevant elements of the Efficiency Maine Trust triennial 
plan developed under section 10104, subsection 4, including all of the trust's analysis 
of cost-effective potential for energy efficiency savings; plans to implement energy 
efficiency programs, demand management programs, beneficial electrification 
programs such as heat pump and electric vehicle initiatives and energy storage 
initiatives: and analysis of nonwires alternative opportunities; 
E. Include more than one planning scenario and mechanisms for achieving grid plan 
goals, which may include, but are not limited to, policies, programs, rates, use of 
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COMMITTEE AMENDMENT "l3 "to S.P. 697, L.D. 1959 ( S· SS~ 
software or technology and infrastructure planning, including nonwires alternatives; 
and 
F. Include, at a minimum, the following: 
(1) Forecasts of projected load, including forecasts of end-use electrification, 
energy efficiency and distributed energy resources; 
(2) Baseline energy supply data and assessments, including but not limited to 
planned generation retirements and new generation that is planned or needed 
including generation of electricity from renewable sources and from energy storage 
installations; 
(3) An analysis of hosting capacity, including locational benefits of distributed 
energy resources and areas of existing or potential system congestion; 
(4) An analysis of available and emerging technologies necessary to enable load 
management and flexibility; and 
(5) An assessment of the environmental, equity and environmental justice effects 
of the grid plan. 
Sec. 14. Plan status to committee. No later than October 15, 2023, the Public 
Utilities Commission shall provide an interim report regarding the status of the 
development of grid plans under the Maine Revised Statutes, Title 35-A, section 3147 to 
the joint standing committee of the Legislature having jurisdiction over energy and utility 
matters. No later than July 15, 2024, the commission shall submit a final report on the 
development of grid plans to the committee. The joint standing committee of the 
Legislature having jurisdiction over energy and utility matters may report out a bill in 
connection with the interim report provided by the commission to the Second Regular 
Session of the 131st Legislature and the final report provided by the commission to the 
Sec. 15. 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. 16. Assessment of resources needs at Public Utilities Commission. No 
later than December 1, 2022, the Public Utilities Commission shall provide to the joint 
standing committee of the Legislature having jurisdiction over energy and utility matters a 
report that includes an assessment of staffing and resources that may be necessary to 
implement the Maine Revised Statutes, Title 3 5-A, section 314 7. After receiving the report, 
the committee may report out legislation on the subject matter of the report to the 131st 
Legislature in 2023. 
Sec. 17. Public Utilities Commission; report. The Public Utilities Commission 
shall review laws and rules within its authority for requirements applicable to public 
utilities that are substantially similar to the requirements for a governing body of an entity 
under the Maine Revised Statutes, Title 5, section 12022, other than subsection 3 of that 
section. By January 1, 2023, the commission shall provide the joint standing committee of 
the Legislature having jurisdiction over energy and utility matters with a report that 
includes the following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "6 "to S.P. 697, L.D. 1959 {S-SS') 
1. Identification of the laws and rules applicable to public utilities that the commission 
finds to be substantially similar to Title 5, section 12022; and 
2. Consideration of the feasibility ofrequiring investor-owned utilities to comply with 
the requirements of Title 5, section 12022, if those requirements are not otherwise 
established by laws and rules that are substantially similar. 
After reviewing the report, the joint standing committee may report out related 
legislation to the 131 st Legislature in 2023. 
Sec, 18. Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC UTILITIES COMMISSION 
Public Utilities - Administrative Division 0184 
Initiative: Provides allocations for contracted services. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Public Utilities - Administrative Division 0184 
2021-22 
$0 
$0 
2022-23 
$200,000 
$200,000 
Initiative: Provides allocations for 5 Staff Attorney positions and 6 Utility Analyst positions 
and associated All Other costs. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATNE COUNT 
Personal Services 
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 
2022-23 
11.000 
$590,546 
$105,996 
$696,542 
2022-23 
$896,542 
$896,542 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
7 
This amendment replaces the bill. The amendment: 
1. Defines investor-owned public utilities as reporting entities for the purposes of the 
Maine Revised Statutes, Title 5, chapter 379, subchapter 3; 
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COMMITTEE AMENDMENT" et to S.P. 697, L.D. 1959 { .5-SS-') 
2. Exempts investor-owned public utilities from the requirements of Title 5, chapter 
379, subchapter 3, except section 12022, subsection 3, which is related to the development 
and adoption of written policies and procedures governing the selection of vendors; 
3. Requires each investor-owned public utility to comply with Title 5, section 12022, 
subsection 3 no later than November 1, 2022 and allows the Public Utilities Commission 
to adopt rules to determine when the requirements of Title 5, section 12022, subsection 3 
may be waived; 
4. Requires the 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; 
5. 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 2 years; 
6. Requires the commission to conduct a detailed expenditure analysis for certain 
transmission and distribution utilities; 
7. Clarifies and adds protections for utility contractors and employees of utilities, 
competitive electricity providers, affiliated interests and utility contractors who provide 
testimony to legislative committees, the commission or the Public Advocate; 
8. Changes the commission's existing administrative penalty statute to require that the 
commission impose administrative penalties in accordance with Title 35-A, section 1508-A 
and modifies the method for calculating the penalties. It corrects a technical conflict in 
existing law. It also adds a new administrative penalty provision specific to violations of 
the service standard requirements in Title 35-A, section 301, subsection 1-A; 
9. Changes the time limitation for the commission's imposition of an administrative 
penalty from 5 years to 20 years; 
10. Provides for a process to determine whether an underperforming investor-owned 
utility should be required to divest its utility assets to a qualified buyer; 
11. Establishes that the franchise of each investor-owned transmission and distribution 
utility expires 20 years from the date of its most recent reorganization and requires the 
commission to determine whether to renew the franchise or award the franchise to a 
different entity; 
12. 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; 
13. Requires the commission to develop integrated grid plans for certain transmission 
and distribution utilities using information provided by the transmission and distribution 
utilities. The grid plan must be designed to improve system reliability and resiliency and 
enable cost-effective achievement of greenhouse gas reduction and climate policy goals; 
COMMITTEE AMENDMENT 
'1(-.os 
COMMITTEE AMENDMENT" _B" to S.P. 697, L.D. 1959 { S- SS ~ 
14. Requires the commission to provide reports to the joint standing committee of the 
Legislature having jurisdiction over energy and utility matters regarding the status of the 
integrated grid plan development no later than October 15, 2023 and July 15, 2024; 
15. Requires the commission to adopt rules to implement the requirements of Title 
35-A, section 301, subsection 1-A no later than June 30, 2023; and 
16. Requires the commission to provide a report to the joint standing committee of the 
Legislature having jurisdiction over energy and utility matters including an assessment of 
staffing and resources that may be necessary to implement the integrated grid planning 
provisions in Title 35-A, section 3147. 
The amendment adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/06/22 ;:b?ac::.. 
LD 1959 
LR2562(03) 
An Act To Ensure Transmission and Distribution Utility Accountability 
Fiscal Note for Bill as Amended by Committee Amendment '/J; (_ :s--SS"~ 
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 
FY2022-23 
$0 
$896,542 
$0 
$896,542 
Projections 
FY2023-24 
$2,724,115 
$2,728,115 
Projections 
FY2024-25 
$2,405,412 
$2,405,.:1' 
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 $696,542 starting in fiscal year 2022-23 for 6 Utility Analyst positions, 5 Staff Attorney positions and 
associated All Other costs. The bill also includes allocations of $200,000 in fiscal year 2022-23 for contracted 
services related to the additional reporting requirements outlined in the bill. The anticipated cost of these contracted 
services will be $850,000 in fiscal 2023-24 and $450,000 in fiscal year 2024-25. 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(03) - Fiscal Note - Page 1 of 1