An Act To Protect Maine Electricity Customers from Threats of Disconnection in the Wintertime
Maine Legislature, Session 130, LD 1328
Committee: Energy, Utilities and Technology
Sponsors: BERRY, BALDACCI
Amends: 35-A MRSA §717

Legislative Document
No. 1328
H.P. 980
House of Representatives, March 30, 2021
An Act To Protect Maine Electricity Customers from Threats of 
Disconnection in the Wintertime
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BERRY of Bowdoinham.
Cosponsored by Senator BALDACCI of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §717 is enacted to read:
§717.  Winter terminations
1.  Definition.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Disconnection prohibition period" means any time between November 15th and 
April 15th, or during any other period when, pursuant to rules adopted under section 
704, the commission has prohibited a transmission and distribution utility from 
disconnecting residential customers or prohibited such disconnections without the 
permission from the consumer assistance and safety division.
B.  "Residential customer" includes any customer account to which electric service is 
provided for residential purposes, regardless of whether the electricity received under 
that account is also used for business purposes.
2.  Notice of winter disconnection.  During a disconnection prohibition period, a 
transmission and distribution utility may not send or deliver, orally, on paper or 
electronically, to any residential customer of the utility any notice or communication that:
A. Provides for disconnection of the customer's electric service on a specified date or 
within a specified interval of time during a disconnection prohibition period, unless the 
utility has received the prior permission of the consumer assistance and safety division 
to make the disconnection on the specified date or within the specified interval of time; 
or
B.  Makes any reference to disconnection or involuntary termination of the customer's 
electric service during a disconnection prohibition period, unless the notice or 
communication includes a prominent statement that disconnection of a residential 
customer's electric service during the disconnection prohibition period cannot take 
place without the advance permission of the consumer assistance and safety division, 
that the customer will be notified of any request for such permission and that the 
customer will have the opportunity to be heard by the consumer assistance and safety 
division.
3.  Past due accounts; assistance programs.  Notwithstanding any provision of law 
to the contrary, a notice to a residential customer from a transmission and distribution utility 
of a past due account that if not paid could lead to termination of utility service after April 
15th is sufficient evidence to establish eligibility for emergency general assistance as 
described in Title 22, chapter 1161 and for fuel assistance as described in Title 30-A, 
chapter 201, subchapter 13.
4.  Violation; penalties.  A transmission and distribution utility that violates this 
section is subject to a civil penalty not to exceed $2,500, payable to the customer to whom 
the prohibited communication is sent.  This penalty is recoverable in a civil action and is 
in addition to any other remedies to which the customer may be entitled.
SUMMARY
This bill prohibits the use by an electric transmission and distribution utility of a notice 
or communication to a residential customer in the winter months that threatens 
disconnection on a specified date or within a specified time period unless the utility already 
has permission for the disconnection from the consumer assistance and safety division 
within the Public Utilities Commission.  It also requires that any notice that in any way 
mentions disconnection during the winter months also state prominently that disconnection 
cannot take place without the advance permission of the consumer assistance and safety 
division and that the customer will be notified and heard.  A violation of these requirements 
subjects the utility to a penalty of up to $2,500 per violation payable to the affected 
customer, in addition to any other remedies to which the customer may be legally entitled.