An Act to Clarify the Right to Appeal Certain Public Utilities Commission Decisions
Maine Legislature, Session 131, LD 2132
Committee Amendment CA_A_H847 (House)
Amends: 35-A MRSA §1303, 35-A MRSA §1501

COMMITTEE AMENDMENT " ^jf" to H.P. 1356, L.D. 2132, "An Act to Clarify the
Right to Appeal Certain Public Utilities Commission Decisions"
Amend the bill by striking out the title and substituting the following:
'An Act to Clarify the Right to Appeal Certain Public Utilities Commission Decisions
and to Address Alternative Dispute Resolution Requirements'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 35-A MRSA §1303, sub-§3 is enacted to read:
3. Informal consumer complaint resolution process; Superior Court alternative
dispute resolution conference. After particioating in a nonadiudicatorv, informal
consumer complamt resolution Dj'Qcessconducted bv theconsumer assistance and safety
division of the commission to resolve a billing dispute between a customer and a public
utility, the customer or the public utility may request a_certification from the commission
that the parties particteated in such an informal consumer complaint resolytiQnprocess.
Notwithstandine any court rule or requirement reeardine alternative dispute resolution to
the contrary, a customer or public utility that receives a commission certification in
accordance -with this subsection may not be required to uarticipate in an altemative dispute
resolution conference in connection with a claim for that billing dispute if it is filed with
the Superior Court or filed with the District Court and removed to the Superior Court,
Sec. 2. 35-A MRSA §1303, sub-§4 is enacted to read:
4. Commission investieation of consumer complaints for billine disputes; de novo
proceedine. After oarticioatme in a nonadiudicator/. informal consumer conmlaint
resolution process conducted by the consumer assistance and safety division of the
commission to resolve a billmg dispute between a customer and a public utility, the
customer or public utility may petition the commission for a de novo adiudicatQry
BFQceedmg to investieate the billine dispute. Except as provided in paragraph B, the
commission shall conduct the adiudicatorv oroceedine and make a fmal decision on the
COMMITTEE AMENDMENT
R08
COMMITTEE AMENDMENT " py' to H.P. 1356, L.D. 2132
merits of the billing dispute and the final decision of the commission is subiect to review
by the Law Court under the provisions of section1320^.
A. Notwithstandinp any provisions of this Title to the contrary. the commission may
adopt rules governing the conduct of a de novo adiudicatory_proceeding pursuant to
this subsection that:
CD Limit any orehearine discovery;
(2} Establish rules of evidence consistent with the Maine Administrative Procedure
Act:
(3) Allow the evidentiary record to be limited to written testimony; and
('41 Limit any post-hearine oooortunities for filine written briefs,
Rules adopted pursuant to this subsection are routine technical mles as defined in Title
5, chapter 375. subchapter 2-A,
B. The commission may not conduct a de novo adiudicatory proceeding pursuant to
this subsection if the customer has filed a claim in court pursuant to section 1501
against the utility for the same billing dispute for which relief is sought under this
subsection except when the court has dismissed the claim on procedural or
jurisdictional grounds_and has not issued a decision on the merits,
C. If a customer has filed a petition for a de novo adiudicatory proceedine in
accordance with this subsection, the customer may not recovetcivil damages pursuant
to section 1501 if the customer's claim seeks relief for the same billing dispute for
which relief is sought under this subsection except when the commission has dismissed
the billing dispute on procedural or iurisdictional grounds and has not issued a decision
on the merits.
Sec. 3. 35-A MRSA §1501, first I, as enacted by PL 1987, c. 141, Pt. A,§6, is
amended to read:
ff Except as provided in section 1303. subsection 4, paragraph C. if a public utility
violates this Title, causes or permits a violation of this Title or omits to do anything that
this Title requires it to do^ it may be liable in damages to the person injured as a result.
Recovery under this section does not affect a recovery by the State of the penalty prescribed
0 for the violation.
Sec. 4. Appropriations and allocations. The following appropriations and
allocations are made.
PUBLIC UTILITIES COMMISSION
Public Utilities - Administrative Division 0184
Initiative: Provides funding for 2 Utility Analyst positions and 2 Staff Attorney positions
6 and associated All Other costs.
OTHER SPECIAL REVENUE FUNDS 2023-24 2024-25
POSITIONS - LEGISLATTVE COUNT 0.000 2.000
Personal Services $0 $478,621
AllOther $0 $61,616
Page2-131LR2895(02)
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT " A" to H,P. 1356, L.D. 2132
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $540,237
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill and changes the title. The amendment does the
following.
1. It provides that after participating in a nonadjudicatory, informal consumer
complaint resolution process conducted by the consumer assistance and safety division of
the Public Utilities Commission to resolve a billing dispute between a customer and a
public utility, the customer or the public utility may request a certification from the
commission that the parties participated in the informal consumer complaint resolution
process. The customer or public utility that receives a commission certification may not be
required to participate in an alternative dispute resolution conference m connection with a
claim for that billing dispute if a claim for that billing dispute is filed with the Superior
Court or filed with the District Court and removed to the Superior Court.
2, It allows a customer or a public utility to petition the commission for a de novo
adjudicatory proceeding to investigate a billing dispute after participatmg in a
nonadjudicatory, informal consumer complaint resolution process conducted by the
consumer assistance and safety division of the commission to resolve a billing dispute. The
commission must conduct the de novo adjudicatory proceeding and make a fmal decision
on the merits of the billing dispute and the final decision of the commission is subject to
review by the Law Court, The commission may adopt routine technical rules governing the
conduct of a de novo adjudicatory proceeding.
3. It prohibits the commission from conducting a de novo adjudicatory proceeding if
the customer has filed a claim in court against the utility for the same billing dispute except
when the court has dismissed the claim on procedural orjurisdictional grounds and has not
issued a decision on the merits,
4, It provides that, if a customer of a public utility has filed a petition for a de novo
adjudicatory proceeding, the customer may not recover civil damages agamst the utility if
the customer's claim seeks relief for the same billing dispute for which relief is sought
through the commission except when the commission has dismissed the billing dispute on
procedural or jurisdictional grounds and has not issued a decision on the merits.
FISCAL NOTE REQUHUED
(See attached)
COMMITTEE AMENDMENT
Approved; 03/12/24 ^^<*-
LD 2132 LR 2895(02)
An Act to Clarify the Right to Appeal Certain Public Utilities Commission Decisions
Fiscal Note for Bill as Amended by Committee Amendment '^"j
Committee: Energy, Utilities and Technology
Fiscal Note Required: Yes
Fiscal Note
Projections Projections
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
Appropriations/Allocations
Other Special Revenue Funds $0 $540,237 $557,326 $582,10t
Revenue
Other Special Revenue Funds $0 $540,237 $557,326 $582,103
Correctional and Judicial Impact Statements
. This bill may increase the number of appeals to the Law Court. The additional workload does not require additional
funding at this time.
The collection of additional filing fees will increase General Fund revenue by minor amounts,
Fiscal Detail and Notes
The Public Utilities Commission has indicated that the additional adjudicatory proceedings due to this bill will require
additional staff and resources to implement. This bill includes ongoing allocations of $540,237 to the PUC starting in
fiscal year 2024-25 for two Staff Attorney positions and two Utility Analyst positions and associated costs. Since the
PUC is funded by assessments on impacted utilities set to produce sufficient revenue for the expenditures needed to
operate it, the increased allocations in this bill require a corresponding increase in revenue from those assessments.
LR2895(02) - Fiscal Note - Page 1 of 1