An Act Regarding Future Energy Procurements for Renewable Energy Development in Northern Maine
Maine Legislature, Session 131, LD 1943
Committee: Energy, Utilities and Technology
Sponsors: JACKSON, BABIN, LAWRENCE, STEWART, GEIGER, THERIAULT, ZEIGLER
Amends: 35-A MRSA §3210-I

Legislative Document
No. 1943
S.P. 792
In Senate, May 16, 2023
An Act Regarding Future Energy Procurements for Renewable 
Energy Development in Northern Maine
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.
Cosponsored by Representative BABIN of Fort Fairfield and
Senators: LAWRENCE of York, STEWART of Aroostook, Representatives: GEIGER of 
Rockland, THERIAULT of Fort Kent, ZEIGLER of Montville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3210-I, sub-§3-A is enacted to read:
3-A.  Requests for proposals; additional generation capacity.  If, after selecting 
contracts under subsections 2 and 3, more than 5% of capacity of the selected transmission 
proposal would not be used by the selected generation proposal, the commission shall 
approve an additional contract or contracts to ensure that the selected transmission proposal 
is fully used in accordance with this section.  The commission shall:
A.  Approve a contract for additional generation capacity that is no less than 750,000 
megawatt-hours per year;
B.  Approve a contract as long as the commission determines that the contract meets 
the requirements of subsection 2, paragraph C and is in the public interest; and
C.  Consider bids in any previous request for proposals issued under subsection 3 by:
(1)  Providing those bidders with an opportunity to submit updated proposals that 
account for any previous contract awards in order to ensure that proposals are 
expeditiously received and most cost-effective in consideration of those previous 
awards; and
(2)  Applying evaluation criteria set forth in this subsection, except that the 
commission must give greatest preference to proposals that:
(a)  Demonstrate the greatest likelihood of ensuring the success of the program 
by contributing to the likelihood of successful completion of the transmission 
proposal selected under subsection 2 and other generation proposals selected 
under subsection 3;
(b)  Are submitted by a bidder that demonstrates significant experience in the 
successful completion of renewable energy projects similar to that proposal; 
and
(c)  Complements the proposals previously selected under subsection 3, but 
mitigates overall risk to the success of the program by diversifying bidder 
selection and economic development opportunities in northern Maine.
If a selected proposal under this subsection is unable, at any time after selection and before 
commercial operation, to fulfill the obligations of the contract, the commission may 
consider other proposals received under this subsection or subsection 3 to ensure the 
successful implementation of the program. If the commission finds that a proposal or 
proposals, whether in whole or in part, received under this subsection or subsection 3 would 
support the overall successful implementation of the program, the commission shall 
approve and order a contract or contracts accordingly.
The commission shall make every effort to ensure that the competitive bidding process 
directed by this subsection results in the approval of contracts pursuant to this subsection 
no later than December 1, 2023.  If the commission determines that no contract satisfies 
these requirements, the commission shall report that determination to the joint standing 
committee of the Legislature having jurisdiction over energy and utilities matters.
SUMMARY
This bill requires the Public Utilities Commission to approve an additional contract or 
contracts to ensure that the selected transmission proposal under the Northern Maine 
Renewable Energy Development Program is fully used if more than 5% of the capacity of 
the selected transmission proposal is not being used under other generation contracts.