An Act To Update the Regulation of Public Utility Monopolies
Maine Legislature, Session 130, LD 1026
Committee Amendment CA_C_H1027 (House)
Amends: 35-A MRSA §102, 35-A MRSA §103, 35-A MRSA §1316, 35-A MRSA §1321, 35-A MRSA §1322, 35-A MRSA §1702, 35-A MRSA §1709, 35-A MRSA §3209-A, 35-A MRSA §3209-B

COMMITTEE AMENDMENT "U' to H.P. 764, L.D. 1026, "An Act To Update the 
Regulation of Public Utility Monopolies" 
Amend the bill by striking out everything after the enacting clause and inserting 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affected by §§104 and 105, is repealed.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 §l0J>,-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 
D. Be a member of a firm that renders service against any such public utility or 
competitive service electricity provider. 
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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, ,S, 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 commis'sion. 
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 further 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 
inf01mation 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 further 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 effo1ts to exhaust all grievance procedures, as 
provided for in the contract of employment or which 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 occunence of that alleged violation or after the 
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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 further 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 serviee electricity provider only if it gives the public utility or competitive 
seMee electricity provider and all parties to the original proceeding, to the extent practical, 
written notice and after oppo1iunity for those parties to present evidence or argument, as 
determined appropriate by the commission. Certified 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 serviee 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 further amended to read: 
1. Orders temporarily amended. When the commission finds it necessary to prevent 
injury 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 serviee 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 serviee electricity 
provider's consent, suspend existing orders affecting the competitive setviee 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 serviee 
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 further amended to read: 
B. The reasonableness and adequacy of the service furnished or proposed to be 
furnished by any public utility or competitive serviee 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: 
3. 
Petition to initiate proceedings. 
The Public Advocate may petition the 
commission to initiate proceedings to review, investigate and take appropriate action with 
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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 fmther 
amended to read: 
5, Intervention on behalf of public. The Public Advocate may, on behalf of the using 
and consuming public, or any particular 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 courts in which the 
subject matter of the action affects the customers of any utility or competitive ser¥iee 
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 further 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 ser¥iee electricity provider; or be a member of a firm that 
renders any such service. 
Sec. 17. 35-A MRSA §3209-A, sub-§7, as enacted by PL 2021, c. 390, §1 and c. 
370, § 1 and reallocated by RR 2021, c. 1, Pt. A, §37, is repealed and the following enacted 
in its place: 
7. Applicability. A distributed generation resource with a nameplate capacity of 
greater than 2 megawatts and not more than 5 megawatts may be used for net energy billing 
under this section only if the requirements of paragraph A, B or C are met and all the 
requirements of paragraphs D and E are met. 
A. In order for a distributed generation resource to be used for net energy billing, one 
of the following must have been met on or before December 31, 2020: 
• 
(1) There is a signed interconnection agreement between the entity proposing the 
development of the distributed generation resource and a transmission and 
distribution utility governing the connection of the resource to the utility's system 
and the ongoing operation of the resource after it is connected to the system; or 
(2) There is a net energy billing agreement between the entity proposing the 
development of the distributed generation resource and the transmission and 
distribution utility. 
An amendment, revision or re issuance of an agreement under this paragraph that occurs 
after December 31, 2020 may not be interpreted to affect the date on which the initial 
agreement was signed. 
B. In order for a distributed generation resource to be used for net energy billing, one 
of the following must have been met on or before April 30, 2021: 
(1) A complete application for a customer net energy billing agreement has been 
submitted for the distributed generation resource and a customer has or customers 
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COMMITTEE AMENDMENT '~to H.P. 764, L.D. 1026 
have financial interest in 90% or more of the capacity of that distributed generation 
resource: or 
(2) There is a fully executed net energy billing agreement between a customer or 
sponsor of the distributed generation resource and the transmission and distribution 
utility for the distributed generation resource and a customer has or customers have 
financial interest in 90% ·or more of the capacity of that distributed generation 
resource. 
C. In order for a distributed generation resource to be used for net energy billing, the 
following must have been met on or before June 1, 2021: 
(1) The interconnection study process has commenced for a distributed generation 
resource located in those portions of the service territo1y of an investor-owned 
transmission and distribution utility that are not connected to the ISO-NE region 
as defined in section 1902, subsection 3. 
D. In order for a distributed generation resource to be used for net energy billing, all 
of the following must be met on or before December 31, 2021: 
(1) There is a fully executed interconnection agreement between the entity 
proposing the development of the distributed generation resource and the 
transmission and distribution utility: 
(2) The entity proposing the development of the distributed generation resource 
certifies to the commission that the entity has submitted all applicable permit 
applications to the Department of Environmental Protection and the department 
has accepted those applications for processing: and 
(3) The entity proposing the development of the distributed generation resource 
certifies to the commission that the entity has received all necessmy local, 
nonministerial permits. For purposes of this subparagraph, "nonministerial permit" 
means a permit for which one or more officials consider various factors and 
exercise discretion in deciding whether to issue or deny the permit. 
An amendment, revision or re issuance of an agreement under this paragraph that occurs 
after December 31, 2021 may not be interpreted to affect the date on which the 
agreement was initially executed. 
E. In order for a distributed generation resource to be used for net energy billing, the 
following must be met on or before December 31, 2024: 
(1) The proposed distributed generation resource must reach commercial operation 
by the date specified in the net energy billing agreement or by the date specified 
with an allowable modification to that agreement. 
An entity proposing the development of a distributed generation resource that does not 
meet one or more of the requirements of this subsection may petition the commission for a 
good-cause exemption due to external delays outside of the entity's control, which the 
commission may grant if it finds that, without the external delays, the entity could 
reasonably have been expected to meet the requirements. 
The goal for development of commercially operational distributed generation resources 
under this subsection and section 3209-B, subsection 7 is 750 total megawatts. 
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COMMITTEE AMENDMENT"~ to H.P. 764, L.D. 1026 
Sec. 18. 35-A MRSA §3209-A, sub-§8 is enacted to read: 
8. Unused kilowatt-hour credits; rules. To the extent rules adopted under this 
section provide for the periodic expiration of unused kilowatt-hour credits accumulated by 
a customer participating in a net energy billing arrangement, the commission shall require 
by rule that, no earlier than April 1, 2022, each transmission and distribution utility with a 
net energy billing arrangement that has implemented or elected to implement an arrearage 
management program pursuant to section 3214, subsection 2-A shall account for and. on 
or before January 1st of each year. apply all unused kilowatt-hour credits that were 
accumulated and that expired during the prior calendar year for the benefit of participants 
in the utility's arrearage management program. The rules adopted by the commission 
pursuant to this subsection must: 
A. Establish the manner by which a transmission and distribution utility must account 
for unused kilowatt-hour credits that were accumulated by all customers of the utility 
with net energy billing arrangements during the prior calendar year and that expired 
during the prior calendar year; and 
B. Establish the manner by which a transmission and distribution utility must apply 
such unused kilowatt-hour credits for the benefit of participants in the utility's 
arrearage management program, which must be designed to result in each such 
participant receiving as close to an equal amount of those credits except when the 
credited amount would exceed the amount of a pmticipant' s arrearage. 
Notwithstanding any provision of this section to the contrary, rules adopted by the 
commission pursuant to this subsection are routine technical rules as defined in Title 5. 
chapter 375. subchapter 2-A. 
Sec. 19. 35-A MRSA §3209-B, sub-§5, as enacted by PL 2019, c. 478, Pt. A, §4, 
is amended to read: 
5. Tariff rate; bill credits. The commission shall establish by rule a tm·iff fate rates 
for customers participating in the prograin. The initial tariff rate must be established no 
later than December 1, 2019. 
A. The tariff rate for a customer participating in net energy billing under this section 
with a distributed generation resource described in this paragraph must equal the 
standard offer standard-offer service rate established under section 3212 that is 
applicable to the customer receiving the credit plus 75% of the effective transmission 
and distribution rate for the rate class that includes the smallest commercial customers 
of the investor-owned transmission and distribution utility. The tariff rate under this 
paragraph applies to net energy billing involving a distributed generation resource: 
(l) With a nameplate capacity of greater than one megawatt if: 
(a) The entity developing the distributed generation resource ce1tifies by 
affidavit with accompanying documentation to the commission that the entity. 
before September 1, 2022, commenced physical work of a significant nature, 
as described in Internal Revenue Service Notice 2013-29, Section 4.02, on the 
distributed generation resource and thereafter the entity has made and will 
continue to make continuous construction efforts, as described in Internal 
Revenue Service Notice 2013-29. Section 4.06. to advance toward completion 
of the distributed generation resource; or 
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COMMITTEE AMENDMENT .. c, to H.P. 764, L.D. 1026 
(b) The distributed generation resource is collocated with a net energy billing 
customer that is or net energy billing customers that are subscribed to at least 
50% of the facility's output: or 
(2) With a nameplate capacity of one megawatt or less. 
A-1. The tariff rate for a customer participating in net energy billing under this section 
with a distributed generation resource not governed by paragraph A must: 
(1) In 2022, equal the standard-offer service rate established under section 3212 
that was applicable to the rate class of the customer receiving the credit on 
December 31, 2020 plus 75% of the effective transmission and distribution rate 
that was in effect on December 31, 2020 for the rate class that includes the smallest 
commercial customers of the investor-owned transmission and distribution utility: 
and 
(2) Be adjusted for inflation based on the Consumer Price Index, as defined in 
Title 5, section 17001, subsection 9. 
A-2. Notwithstanding paragraphs A and A-1, a distributed generation resource may 
make a one-time election in accordance with this paragraph on behalf of a customer 
participating in net energy billing under this section with that distributed generation 
resource. If the customer would be subject to the tariff rate described in paragraph A, 
the distributed generation resource may elect on behalf of that customer to have the 
tariff rate described in paragraph A-1 apply by notifying the investor-owned 
transmission and distribution utility no later than December 31, 2022. 
B, A customer participating in the program must receive for electricity delivered to 
the electric grid from a distributed generation resource in which the customer has a 
financial interest a bill credit based on the tariff rate to apply against the costs of 
electricity delivered to the customer by the investor-owned transmission and 
distribution utility. 
C. A bill credit under the program as described in paragraph B may be applied to any 
portion of a customer's electricity bill, Credits that remain unused at the end of any 
billing period may be carried forward for up to one year from the end of that billing 
period. 
D. A customer participating in the program who remains eligible to participate in the 
program must be allowed to receive a bill credit based on the tariff rate for a period of 
no less than 20 years from the date of first receiving the credit. 
Sec. 20. Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC UTILITIES COMMISSION 
Public Utilities - Administrative Division 0184 
Initiative: Provides allocation for one Utility Analyst position and associated position costs. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
2021-22 
0.000 
$0 
$0 
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2022-23 
1.000 
$145,312 
$8,880 
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COMMITTEE AMENDMENT "Gto H.P. 764, L.D. 1026 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0 
$154,192 
Amend the bill by relettering or renumbering any nonconsecutive Part 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. 
The amendment also makes changes to the commercial and institutional net energy 
billing program to establish a new tariff rate applicable to distributed generation programs 
that are greater than one megawatt and do not meet the requirement to have commenced 
construction by September 1, 2022. The amendment provides that a distributed generation 
resource that is eligible for the tariff rate in Title 35-A, section 3209-B, subsection 5, 
paragraph A may make a one-time election to receive the tariff rate in paragraph A-1. The 
amendment also establishes that the tariff rate must be adjusted in accordance with the 
Consumer Price Index. 
The amendment changes the way that the minimum nameplate capacity for a 
distributed generation resource used in connection with residential net energy billing is 
stated from at least 2 megawatts to greater than 2 megawatts. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/04/22 feae 
LD 1026 
LR 1731(04) 
An Act To Update the Regulation of Public Utility Monopolies 
Fiscal Note for Bill as Amended by Committee Amendment (3'/f-f J Z. 1 ) 
Committee: Energy, Utilities and Technology 
Appropriations/ Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
FY2022-23 
$0 
$154,192 
$0 
$154,192 
Projections 
FY 2023-24 
$160,525 
$160,525 
Projections 
FY 2024-25 
$168,101 
$168,101 
This bill changes certain qualification requirements for distributed generation resources for net energy billing and 
establishes new tariff rates. The bill includes ongoing allocations to the Public Utilities Commission (PUC) of 
$154,192 beginning in fiscal year 2022-23 for one Utility Analyst position and associated costs to assist with these 
changes. 
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. 
LRl 731(04) - Fiscal Note - Page 1 of 1