An Act Regarding Energy Fairness
Maine Legislature, Session 132, LD 1949
Committee Amendment CA_A_SA_A_S412 (Senate)
Amends: 35-A MRSA §301-A

SENATE AMENDMENT "/A " to COMMITTEE AMENDMENT "A" to S,P, 756,
L.D. 1949, "An Act Regarding Energy Fairness"
Amend the amendment on page 3 by striking out all of lines 7 to 24 and inserting the
following:
'Amend the bill in Part B in section 2 in subsection 2 by striking out all of paragraphs
E, F and G (page 3, lines 26 to 42 in L.D.) and inserting the following:
*E, Casts associated with travel. lodeiiiR and food for officers and membej'fiQfa^
utility's or affiliated interest's board of directors, This paraeraoh does not apply to a
consumer-owned water utility. a consumer-owned transmission and distribution utility
or the Casco Bay Island Transit District, created by Private and Special Law 1981.
chapter 22; and
F. Expenditures for investor relations, This paraeraph does not apply to the DreDaration
or filine of documents or communications that are expressly and exclusively required
by aoDlicable federal or state law or by order of a reeulatorv authority, as lon^asthe
document or communication is prepared solely to satisfy that LegaLor re&^&torY
reauiretuent. This paragraph does not apply to a consumer-owned water utility, a
consumer-owned transmission and distribution utility or the Casco Bay IslancLTransjt
District, created by Private and Special Law 1981, chapter 22.''
Amend the amendment on page 4 by striking out all of lines 4 to 27 and inserting the
following: .
'Amend the bill by striking out all of section C-2 and inserting the following;
'See. C-2. 35-A MRSA §301-A is enacted to read;
S301-A. Administrative charge limitation
1. "Administrative charee" deiined. "Adtninistrative charee" means a fee or charge
for services that is added to the actual cost of materials or supplies or labor performed by
or on behalf of a transmission and distribution utility with over 50.000 customers and
chafsed to a transmission and distribution utility customer for work funded directly. by_ that
customer throueh a proposal. estimate, invoice or final accountine for the cost of
interconnection, line extensions or other work funded directly by the customer otherjhan
charges for the customer's reeular electricity service, "Admimstrativecharee" includes,
SENATE AMENDMENT
ROS
SENATE AMENDMENT" {^" to COMMITFEE AMENDMENT "A" to S.P, 756, L.D. 1949 (<f ^
but is not limited to. an administrative service charge. overhead, an indirect overhead cost
or a cost adder, "Administrative charee" does not include:
A, Expenses for a transmission and distribution utility etnplovee's labor while directly
eneaeed in the work for which a customer is billed if the customer bill states that those
expenses are included in the cost of labor: or
B. Expenses related to the purchase, storage or delivery of materials or supplies
incorporated into the work if the customer bill states that those expenses are included
In the cost of materials or supplies.
2. Administrative cliaree disclosure. A transmission_ajid_distribut!on_utUity with
over 50.000 customers shall disclose any adnimistradvecharees included in a CHStomer bill
for work funded directly by that customer. If any line item in a customer bill inchldes an
administrative charge, the customer bill must specificailv identify the administrative charge
and include a description ofthecharae. All administrative charges must comply with the
requirements of section 301. subsection 2 and any other aDplicable Drovisions of this Title.
3. Violations. If the coinmission finds that a transmission and distribution utility with
over 50.000 customers has violated any provision of this section or imDi'operlv assessed an
administrative charge, the commission may order the transmission and clistributioiLutiUty
to refund all or part of the administrative charee paid bMthe_cystomei'.
4. Rules. The commission may adopt rules to implement this section. Rules adopted
by the commission pursuant to this subsection are routine technical rules as defined in Title
5. chapter 375. subchaoter 2-A,''
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or
section number to read consecutively.
SUMMARY
This amendment amends Committee Amendment "A" to:
1. Limit the definition of "administrative charge" to the cost of materials, supplies or
labor for work funded directly by a customer of the utility, except when the costs are
included in the cost of labor;
2, Require the administrative charge to be just and reasonable;
3. Allow the Public Utilities Commission to require a transmission and distribution
utility to refund all or part of the administrative charge paid by a customer if the utility
violates the limitation on administrative charges;
4. Remove the exclusion from operating expenses of monthly costs associated with
the attendance at, participation in or preparation for appeal of any contested rate case
5 proceeding conducted before the commission;
5. Allow instead of require the commission to adopt rules; and
SENATE AMENDMENT
rivio
SENATE AMENDMENT " ^ " to COMMITTEE AMENDMENT "A" to S,P. 756, L.D. 1949 (, S/
6, Eliminate the requirements as proposed in the bill and amended by Committee
Amendment "A" that the commission initiate proceedings to investigate administrative
charges and report to the Legislahire every 5 years.
SPONSORED BY: f {^/)A^{ f^^/Y^
(Senator CARNEY, A.)
COUNTY: Cumberland
SENATE AMENDMENT