An Act Regarding the
Maine Legislature, Session 132, LD 0897
Committee Amendment CA_A_S571 (Senate)
Amends: 35-A MRSA §3132, 35-A MRSA §3132-C, 35-A MRSA §3149

COMMITTEE AMENDMENT " /t- " to S.P, 386, L.D. 897, "An Act Regarding the
Calculation of Electric Rate Contracting Costs"
Amend the bill by striking out the title and substituting the following;
'An Act Regarding the Nonwires Alternative Process and Required Negative Pricing
Provisions in Contracts for Energy Resulting from Competitive Solicitations
Conducted by the Public Utilities Commission'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 35-A MRSA §3132"B, sub-gl, as enacted by PL 2019, c. 298, §13, is
amended to read;
1. Planning study. Each investor-owned transmission and distribution utility in this
State shall annually complete and submit to the commission and to the Office of the Public
Advocate, for review by the nonwires alternative coordinator, a planning study for small
transmission projects and distribution projects. In completing the planning study, an
investor-owned transmission and distribution utility shall develop and use system planning
models. The study must:
A. Analyze system needs for the next 5 years and provide a schedule of proposed
projects and associated costs;
B. Describe system capacity and load by substation and circuit; and
C. Identify corresponding planned and anticipated growth-related investments.
After review of a planning study submitted under this subsection, the nonwu'es alternative
coordinator may provide comments or recommendations, which may include
recommendations to achieve the policy goals established in section 3143. An investor-
owned transmission and distribution utility may, at its discretion, incorporate
recommendations on a planning study made by the nonwires alternative coordinator.
Failure to incorporate recommendations made by the nonwires alternative coordinator may
5 not result in a presumption of imprudence.
COMMITTEE AMENDMENT
^
COMMITTEE AMENDMENT " A " to S.P. 386, L.D. 897 €&'" S^ ^
Sec. 2. 35-A MR8A §3l32-C, sub-§4, as enacted by PL 2019, c. 298, §14, is
amended to read;
4. Recommendations. On the basis of the investigation under subsection 1, the
nonwires alternative coordinator shall develop and provide to the commission or to an
investor-owned transmission and distribution utility, as appropriate, recommendations
regarding cost-effective nonwires alternatives to the wires project, including a proposed
plan for procurement of the recommended nonwires alternatives;—The proposed
pfoeui'ement plan must-be that identifies comDonents that are behind the meter or on the
grid side of the meter and is consistent with the provisions of section 3132-D,
Sec. 3. 35-A MRSA §3132-C, sub-§5 is enacted to read:
5. Rules. The commission_mA¥ adopt rules to implemm^^^^^ section. Rules adopted
pursuant to this subsection are routine technical rules as defined by Title 5. chapter 375.
subchaoter 2-A.
Sec. 4. 35-A MRSA §3149, first ^, as enacted by PL 2025, c. 392, §1, is amended
15. to read:
The commission may not approve a contract for energy resulting from a competitive
solicitation conducted by the commission under this Title unless the contract includes a
provision that requires the reduction of payments to the bidder under the contract by the
stranded eosts arising from energy preAtee4 absolute value of tile applicable neeative price
multiplied by the energy produced and delivered under the contract during negative price
intervals. The commission may grant an exception from the inclusion of such a negative
price provision if the bidder demonstrates good cause for the exception and the commission
finds that the contract is cost-effective, includes other price protections for ratepayers and
will avoid to the maximum extent possible the curtailment of existuig renewable resource
generators.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill, which is a concept draft, and changes the title. It
requires an investor-owned transmission and distribution utility to submit a planning study
for small transmission projects and distribution projects to the Public Utilities Commission
in addition to the Office of the Public Advocate. It also requires the nonwires alternative
coordinator to identify in a proposed plan for procurement of the recommended nonwires
alternatives, whether the components are behind the meter or on the grid side of the meter,
and allows the commission to adopt rules relating to the nonwires alternatives investigation
and recommendations.
The amendment also changes the requirement for contract provisions governing
negative pricing in contracts for energy resulting from competitive solicitations conducted
by the commission by requiring the contract to include a provision that requires the
COMMITTEE AMENDMENT
^0^
COMMITTEE AMENDMENT " A. " to S.P. 386, L,D, 897 C<2)' 5^1
reduction of payments under tlie contract by the absolute value of the applicable negative
price multiplied by the energy produced and delivered under the contract.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 03/09/26 t-Kt-
LD 897 LR 1576(02)
An Act Regarding the Calculation of Electric Rate Contracting Costs
Fiscal Note for Bill as Amended by Committee Amendment ^^'^'-jf'
Committee: Energy, Utilities and Technology
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - Other Special Revenue Funds
Fiscal Detail and Notes
Any additional costs to the Public Utilities Commission from the provisions of this bill are expected to be minor and
can be absorbed within existing budgeted resources.
LR 1576(02) - Fiscal Note " Page 1 of 1