An Act to Increase the Number of Commissioners on the Public Utilities Commission
Maine Legislature, Session 131, LD 2127
Committee: Energy, Utilities and Technology
Sponsors: ZEIGLER
Amends: 35-A MRSA §103, 35-A MRSA §105, 35-A MRSA §108-B

Legislative Document
No. 2127
H.P. 1351
House of Representatives, January 3, 2024
An Act to Increase the Number of Commissioners on the Public 
Utilities Commission
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative ZEIGLER of Montville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §103, sub-§1, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read:
1.  Establishment.  There is established the Public Utilities Commission, which shall 
consist consists of 3 5 members.
Sec. 2.  35-A MRSA §105, sub-§1, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read:
1.  Appointment.  The Governor shall appoint 3 5 members to the Public Utilities 
Commission.  The appointments shall be are subject to review by the joint standing 
committee of the Legislature having jurisdiction over public utilities matters and to 
confirmation by the Legislature.  Members of the commission shall devote full time to their 
duties.
Sec. 3.  35-A MRSA §105, sub-§2, ¶A, as enacted by PL 1987, c. 141, Pt. A, §6, 
is amended to read:
A.  Each term shall end Three of the members of the commission are appointed for 
terms of 6 years, and each term ends on March 31st of the 6th year of the term. The 
terms shall be staggered so that one ends in 1987 and every 6 years thereafter, one ends 
in 1989 and every 6 years thereafter, and one ends in 1991 and every 6 years thereafter. 
Two of the members of the commission are appointed for terms of 8 years, and each 
term ends on March 31st of the 8th year of the term.
Sec. 4.  35-A MRSA §108-B, first ¶, as enacted by PL 2013, c. 554, §1, is amended 
to read:
If the commission is unable to maintain a quorum for reasons as described in subsection 
1, the Governor shall appoint 3 5 alternate commissioners who may serve as temporary 
commissioners in accordance with this section.
Sec. 5.  35-A MRSA §108-B, sub-§1, as enacted by PL 2013, c. 554, §1, is amended 
to read:
1.  Selection of alternate commissioners.  If 2 3 or more commissioners, due to a 
conflict of interest, disability or other reason, are unable to serve in a proceeding, which 
results in the commission being unable to maintain a quorum as provided under section 
108‑A, the commission shall report this information to the Governor and post this 
information on its publicly accessible website.  Once the Governor is notified of the lack 
of a quorum for a particular proceeding, the Governor shall appoint 3 5 alternate 
commissioners, each of whom may serve as a temporary commissioner in that particular 
proceeding.  All appointed alternate commissioners must be retired judges or justices who 
are subject to review by the joint standing committee of the Legislature having jurisdiction 
over public utilities matters and to confirmation by the Legislature.  Once the alternate 
commissioners are confirmed by the Legislature, the commission shall, in a transparent 
manner, randomly assign from the alternate commissioners one alternate commissioner to 
be the first alternate commissioner, one alternate commissioner to be the 2nd alternate 
commissioner and, one alternate commissioner to be the 3rd alternate commissioner, one 
alternate commissioner to be the 4th alternate commissioner and one alternate 
commissioner to be the 5th alternate commissioner and send this information to the 
Governor. Following the receipt of this information, the Governor shall appoint alternate 
commissioners as temporary commissioners in the assigned order, until the number of 
temporary commissioners needed to reach a quorum is reached.  If, for good cause, an 
alternate commissioner is unable to serve as a temporary commissioner, the Governor shall 
appoint the next assigned alternate as a temporary commissioner.
Sec. 6. Staggered terms; powers and duties.  The commissioners serving on the 
Public Utilities Commission on the effective date of this Act continue to serve until their 
terms expire and successors are appointed.  Notwithstanding the Maine Revised Statutes, 
Title 35-A, section 105, subsection 2, paragraph A, of the 2 additional appointments made 
pursuant to this Act, one appointment must be made in 2028 for a term of 8 years and one 
appointment must be made in 2032 for a term of 8 years.  Notwithstanding Title 35-A, 
chapter 1, the commissioner appointed in 2028 serves as an alternate commissioner for the 
first 4 years of that commissioner's term and during that time shall attend all meetings of 
the commission but may not vote unless there are fewer than 3 other commissioners present 
and is not eligible to be named chair or acting chair of the commission under Title 35-A, 
section 106.
Sec. 7.  Effective date. Those sections of this Act that amend the Maine Revised 
Statutes, Title 35-A, section 108-B take effect April 1, 2032.
SUMMARY
This bill increases the membership of the Public Utilities Commission from 3 to 5 
members.  The 2 additional members are appointed in 2028 and 2032 to 8-year terms.  The 
member appointed in 2028 serves as an alternate commissioner for the first 4 years of that 
member's term and during that time is required to attend all meetings of the commission 
but without authority to vote unless there are fewer than 3 other members present and is 
not eligible to be named chair or acting chair of the commission.