An Act to Clarify the Review and Procurement Process for Nonwires Alternatives
Maine Legislature, Session 131, LD 1887
Committee: Energy, Utilities and Technology
Sponsors: GROHOSKI
Amends: 35-A MRSA §3131, 35-A MRSA §3132, 35-A MRSA §3132-A, 35-A MRSA §3132-B, 35-A MRSA §3132-C, 35-A MRSA §3132-D

Legislative Document
No. 1887
S.P. 762
In Senate, May 4, 2023
An Act to Clarify the Review and Procurement Process for 
Nonwires Alternatives
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator GROHOSKI of Hancock.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3131, sub-§4-B, as enacted by PL 2013, c. 369, Pt. C, §1, is 
repealed.
Sec. 2.  35-A MRSA §3131, sub-§4-C, as enacted by PL 2019, c. 298, §5, is 
amended to read:
4-C.  Nonwires alternative.  "Nonwires alternative" means a nontransmission 
alternative or an infrastructure, technology or application that either individually or 
collectively defers or reduces the need for capital investment in the transmission and or 
distribution system and addresses system reliability needs proposed to be met by the 
transmission or distribution system investment.  "Nonwires alternative" includes but is not 
limited to energy efficiency and conservation measures, energy storage, load management, 
demand response and distributed generation.
Sec. 3.  35-A MRSA §3132, sub-§2-D, as amended by PL 2019, c. 298, §7, is 
further amended to read:
2-D.  Nontransmission Nonwires alternatives investigation; consideration.  In 
considering whether to approve or disapprove all or portions of a proposed transmission 
line and associated infrastructure pursuant to subsection 5, the commission shall, for a 
transmission line proposed by an investor-owned transmission and distribution utility, 
consider the results and recommendations of an investigation by the nonwires alternative 
coordinator conducted in accordance with section 3132‑C.
Sec. 4.  35-A MRSA §3132, sub-§5, as amended by PL 2019, c. 298, §10, is further 
amended to read:
5.  Commission approval of a proposed transmission line; nontransmission 
nonwires alternatives.  The commission may approve or disapprove all or portions of a 
proposed transmission line and shall make such orders regarding its character, size, 
installation and maintenance and regarding nontransmission nonwires alternatives to the 
proposed transmission line as are necessary, having regard for any increased costs caused 
by the orders.  In its review and consideration of nontransmission nonwires alternatives, as 
required by subsection 2‑D, the commission shall give preference to the nontransmission 
nonwires alternatives that have been identified as able to address the identified need for the 
proposed transmission line most cost-effectively.  When the cost-effectiveness of the 
identified nontransmission nonwires alternatives are reasonably equal, the commission 
shall give preference to the alternatives that produce the lowest amount of local air 
emissions, including greenhouse gas emissions.
Sec. 5.  35-A MRSA §3132, sub-§6, as amended by PL 2019, c. 298, §11, is further 
amended to read:
6.  Commission order; certificate of public convenience and necessity.  In its order, 
the commission shall make specific findings with regard to the public need for the proposed 
transmission line.  The commission shall make specific findings with regard to the 
likelihood that nontransmission nonwires alternatives can sufficiently address the identified 
public need over the effective life of the transmission line more cost-effectively.  If the 
commission finds that a public need exists, after considering whether the need can be 
reliably and more cost-effectively met using nontransmission nonwires alternatives, it shall 
issue a certificate of public convenience and necessity for the transmission line.  In 
determining public need, the commission shall, at a minimum, take into account 
economics, reliability, public health and safety, scenic, historic and recreational values, 
state renewable energy generation goals, the proximity of the proposed transmission line 
to inhabited dwellings and nontransmission nonwires alternatives to construction of the 
transmission line, including energy conservation, distributed generation or load 
management. If the commission orders or allows the erection of the transmission line, the 
order is subject to all other provisions of law and the right of any other agency to approve 
the transmission line.  The commission shall, as necessary and in accordance with 
subsections 7 and 8, consider the findings of the Department of Environmental Protection 
under Title 38, chapter 3, subchapter 1, article 6, with respect to the proposed transmission 
line and any modifications ordered by the Department of Environmental Protection to 
lessen the impact of the proposed transmission line on the environment. A person may 
submit a petition for and obtain approval of a proposed transmission line under this section 
before applying for approval under municipal ordinances adopted pursuant to Title 30‑A, 
Part 2, Subpart 6‑A; and Title 38, section 438‑A and, except as provided in subsection 4, 
before identifying a specific route or route options for the proposed transmission line.  
Except as provided in subsection 4, the commission may not consider the petition 
insufficient for failure to provide identification of a route or route options for the proposed 
transmission line.  The issuance of a certificate of public convenience and necessity 
establishes that, as of the date of issuance of the certificate, the decision by the person to 
erect or construct was prudent.  At the time of its issuance of a certificate of public 
convenience and necessity, the commission shall send to each municipality through which 
a proposed corridor or corridors for a transmission line extends a separate notice that the 
issuance of the certificate does not override, supersede or otherwise affect municipal 
authority to regulate the siting of the proposed transmission line. The commission may 
deny a certificate of public convenience and necessity for a transmission line upon a finding 
that the transmission line is reasonably likely to adversely affect any transmission and 
distribution utility or its customers.
Sec. 6.  35-A MRSA §3132, sub-§15, as enacted by PL 2013, c. 369, Pt. C, §7, is 
amended to read:
15.  Advancement of nontransmission nonwires alternatives policies.  The 
commission shall advocate in all relevant venues for the pursuit of least-cost solutions to 
bulk power system needs on a total cost basis and for all available resources, including 
nontransmission nonwires alternatives, to be treated comparably in transmission analysis, 
planning and access to funding.
Sec. 7.  35-A MRSA §3132-A, as amended by PL 2019, c. 298, §12, is further 
amended to read:
§3132-A.  Construction of transmission or subtransmission projects prohibited 
without approval of the commission
A person may not construct any transmission project or subtransmission project 
without approval from the commission.  For the purposes of this section, "transmission 
project" means any proposed new or upgraded transmission line and its, substation 
component or associated infrastructure that is capable of operating at less than 69 kilovolts 
or more.  "Subtransmission project" means any proposed new or upgraded transmission 
line, substation component or associated infrastructure that is capable of operating at less 
than 69 kilovolts and projected to cost in excess of $5,000,000.
1.  Submission requirement.  A person that proposes to undertake in the State a 
transmission project or subtransmission project must provide the commission with a 
description of the need for the proposed transmission project or subtransmission project.
1-A.  Nonwires alternatives investigation; consideration.  In considering whether to 
approve or disapprove all or portions of a proposed transmission project or subtransmission 
project pursuant to subsection 2, the commission shall, for a transmission project or 
subtransmission project proposed by an investor-owned transmission and distribution 
utility, consider the results and recommendations of an investigation by the nonwires 
alternative coordinator conducted in accordance with section 3132‑C.
2.  Commission approval of a proposed transmission project or subtransmission 
project; nontransmission nonwires alternatives.  In order for a transmission project or 
subtransmission project to be approved, the commission must consider whether the 
identified need over the effective life of the proposed transmission project or 
subtransmission project can be reliably and more cost-effectively met using 
nontransmission nonwires alternatives. In its review and consideration of nontransmission 
nonwires alternatives, as required by subsection 1‑A, the commission shall give preference 
to nontransmission nonwires alternatives that have been identified as able to address the 
identified need for the proposed transmission project or subtransmission project most cost-
effectively. When the cost-effectiveness of the identified nontransmission nonwires 
alternatives are reasonably equal, the commission shall give preference to the alternatives 
that produce the lowest amount of local air emissions, including greenhouse gas emissions.
3.  Exception.  A transmission project or subtransmission project that is constructed, 
owned and operated by a generator of electricity solely for the purpose of electrically and 
physically interconnecting the generator to the transmission system of a transmission and 
distribution utility is not subject to this section.
Sec. 8.  35-A MRSA §3132-B, first ¶, as enacted by PL 2019, c. 298, §13, is 
amended to read:
For the purposes of this section, "small transmission project" means any proposed new 
or upgraded transmission line and, substation component or associated infrastructure 
capable of operating at less than 69 kilovolts and projected to cost $5,000,000 or less. For 
the purposes of this section, a "distribution project" means any proposed new or upgraded 
distribution line, substation component or associated infrastructure capable of operating at 
less than 34 kilovolts.
Sec. 9.  35-A MRSA §3132-B, sub-§4, as enacted by PL 2019, c. 298, §13, is 
amended to read:
4.  Nonwires alternatives recommendations.  Based on the investigation under 
subsection 2, the nonwires alternative coordinator shall make recommendations to the 
investor-owned transmission and distribution utility regarding nonwires alternatives to 
proposed small transmission projects and distribution projects.  The nonwires alternative 
coordinator and the utility shall attempt to reach a good faith agreement regarding the 
adoption of nonwires alternatives that are most cost-effective.  If agreement is reached, the 
utility shall pursue the agreed-upon nonwires alternatives. If there is no agreement, the 
utility shall or the Office of the Public Advocate may petition the commission to resolve 
the dispute.
Sec. 10.  35-A MRSA §3132-B, sub-§5, as enacted by PL 2019, c. 298, §13, is 
amended to read:
5.  Dispute resolution.  In responding to a petition by an investor-owned transmission 
and distribution utility or the Office of the Public Advocate pursuant to subsection 4, the 
commission shall review the planning study prepared under subsection 1 and the 
recommendations of the nonwires alternative coordinator under subsection 4.  In resolving 
the dispute, the commission shall give preference to nonwires alternatives that are 
identified as able to address the identified need for the proposed small transmission project 
or distribution project and are most cost-effective. Of the identified nonwires alternatives, 
the commission shall give preference to the lowest-cost nonwires alternatives. When the 
costs to ratepayers in this State of the identified nonwires alternatives are reasonably equal, 
the commission shall give preference to the nonwires alternatives that produce the lowest 
amount of local air emissions, including greenhouse gas emissions.
Sec. 11.  35-A MRSA §3132-C, sub-§1, as enacted by PL 2019, c. 298, §14, is 
amended to read:
1.  Investigation required.  The nonwires alternative coordinator shall conduct an 
investigation of and make recommendations regarding nonwires alternatives to a wires 
project under section 3132, 3132‑A or 3132‑B in accordance with this section.  The 
investigation must be conducted in coordination with the Efficiency Maine Trust.  For the 
purposes of this section, "wires project" means a transmission line and associated 
infrastructure subject to the requirements of section 3132, a transmission project or 
subtransmission project as defined in section 3132‑A or a small transmission project or 
distribution project covered by section 3132‑B.
Sec. 12.  35-A MRSA §3132-C, sub-§3, as enacted by PL 2019, c. 298, §14, is 
amended to read:
3.  Data.  An investor-owned transmission and distribution utility shall provide data 
requested by the Public Advocate or the Efficiency Maine Trust, subject to enforcement by 
the commission, to allow the nonwires alternative coordinator, in conjunction with the trust, 
to carry out investigation and analysis under this section.  The trust shall use utility 
ratepayer usage data to identify cost-effective nonwires alternatives on the customer side 
of the meter.  An investor-owned transmission and distribution utility may request a 
protective order if necessary to protect the confidentiality of customer data or critical 
energy infrastructure information provided under this section in accordance with section 
1311‑A.
Sec. 13.  35-A MRSA §3132-D, first ¶, as enacted by PL 2019, c. 298, §15, is 
amended to read:
When the commission determines a nonwires alternative is appropriate under section 
3132, 3132‑A or 3132‑B or an investor-owned transmission and distribution utility agrees 
voluntarily to a nonwires alternative under section 3132‑B, the utility shall procure the 
nonwires alternative must be competitively procured in accordance with this section.
Sec. 14.  35-A MRSA §3132-D, sub-§2, as enacted by PL 2019, c. 298, §15, is 
amended to read:
2.  Grid-side alternatives.  For a nonwires alternative on the grid side of the meter, 
the commission shall determine an entity, which may include but is not limited to the 
investor-owned transmission and distribution utility or a 3rd party, to deliver the nonwires 
alternative and shall make orders as necessary; except, when a utility voluntarily agrees to 
a nonwires alternative on the grid side of the meter under section 3132‑B, the utility shall 
determine the entity to deliver the nonwires alternative.
SUMMARY
This bill makes the following changes to the laws governing electric transmission lines 
and projects and nonwires alternatives.
1.  It repeals the definition of "nontransmission alternative" and incorporates aspects 
of the definition of "nontransmission alternative" into the definition of "nonwires 
alternative."  It includes energy storage as a nonwires alternative in the definition of 
"nonwires alternative."  It changes references to nontransmission alternatives to references 
to nonwires alternatives.
2.  It provides that a person may not construct any transmission project or 
subtransmission project without approval from the Public Utilities Commission.  
"Transmission project" is defined as any proposed transmission line, substation component 
or associated infrastructure that is capable of operating at 69 kilovolts or more.  
"Subtransmission project" is defined as any proposed transmission line, substation 
component or associated infrastructure capable of operating at less than 69 kilovolts and 
projected to cost in excess of $5,000,000.
3.  It allows an investor-owned transmission and distribution utility or the Office of the 
Public Advocate to petition the Public Utilities Commission to resolve a dispute between 
the nonwires alternative coordinator and the utility regarding nonwires alternatives to 
proposed small transmission projects and distribution projects.
4.  It provides that an investor-owned transmission and distribution utility may request 
a protective order if necessary to protect the confidentiality of customer data or critical 
energy infrastructure information provided to the Public Advocate or the Efficiency Maine 
Trust to allow the nonwires alternative coordinator to carry out certain investigation and 
analysis.
5.  It provides that when the Public Utilities Commission determines a nonwires 
alternative is appropriate in certain cases involving the review of transmission and 
distribution projects, the nonwires alternative must be competitively procured.
6.  It removes language that provides that when an investor-owned transmission and 
distribution utility voluntarily agrees to a nonwires alternative on the grid side of the meter 
regarding certain small transmission and distribution projects, the utility must determine 
the entity to deliver the nonwires alternative.