reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 1: ELECTRIC RATES › 35-A §3104-A. Metering and billing system accuracy

§3104-A. Metering and billing system accuracy
A transmission and distribution utility shall conduct testing of its metering and billing systems in accordance with rules adopted by the commission.   [PL 2017, c. 448, §2 (NEW).]
1.  System accuracy; rulemaking.
The commission shall amend or adopt rules governing the testing of the metering and billing systems of transmission and distribution utilities to ensure accuracy regarding the measurement of the usage of electricity and the determination of customer bills. Rules adopted by the commission must include but are not limited to requirements for the following:
A. The frequency of testing of the metering and billing systems;   [PL 2017, c. 448, §2 (NEW).]
B. The method by which the transmission and distribution utility shall conduct testing of its metering and billing system; and   [PL 2017, c. 448, §2 (NEW).]
C. The statistical analysis to be used as part of the testing procedures.   [PL 2017, c. 448, §2 (NEW).]
The commission may adopt alternative testing procedures based on different metering or billing system technologies, such as for analog meters and digital meters.
[PL 2017, c. 448, §2 (NEW).]
2.  Metering and billing system audits.
In adopting rules pursuant to this section, the commission shall consider and may require periodic, independent audits of the metering and billing systems and the commission may determine that such audits are applicable to only residential and small commercial customers of an investor-owned transmission and distribution utility. If the commission requires periodic, independent audits of the metering and billing systems of an investor-owned transmission and distribution utility, the rules must contain at a minimum the following provisions:
A. The method by which the commission will choose an independent auditor;   [PL 2017, c. 448, §2 (NEW).]
B. The allocation of costs of a periodic metering and billing systems audit; and   [PL 2017, c. 448, §2 (NEW).]
C. The statistical analysis to be used in an audit.   [PL 2017, c. 448, §2 (NEW).]
[PL 2017, c. 448, §2 (NEW).]
Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2017, c. 448, §2 (NEW).]
SECTION HISTORY
PL 2017, c. 448, §2 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 1: ELECTRIC RATES › 35-A §3106. Comparative usage data on billing statements

§3106. Comparative usage data on billing statements
1.  Definitions.
For the purposes of this section, the following terms have the following meanings.
A. "Comparative usage data" means data regarding a customer's energy usage for the previous 24 months that compares each month's usage between the first 12 months and the 2nd 12 months of usage.   [PL 2019, c. 81, §1 (NEW).]
B. "Medium commercial customer" means a nonresidential customer that meets the availability criteria to take service under a core customer class of the transmission and distribution utility that includes a demand charge and in which a customer's maximum demand does not exceed 500 kilowatts or the utility's kilowatt break-point between classes that is closest to but does not exceed 500 kilowatts, whichever is lower.   [PL 2019, c. 81, §1 (NEW).]
C. "Residential customer" means a customer defined as residential under the terms and conditions of the transmission and distribution utility.   [PL 2019, c. 81, §1 (NEW).]
D. "Small commercial customer" means a nonresidential customer that meets the availability criteria to take service under a core customer class of the transmission and distribution utility that does not include a demand charge.   [PL 2019, c. 81, §1 (NEW).]
[PL 2019, c. 81, §1 (NEW).]
2.  Billing statements.
Except as provided in subsection 3, an investor-owned transmission and distribution utility shall provide comparative usage data on customer billing statements of residential customers, small commercial customers and medium commercial customers.
[PL 2019, c. 81, §1 (NEW).]
3.  Waiver.
The commission, by rule or order, may waive the requirements of this section for an investor-owned transmission and distribution utility for the portion of the service territory of that utility that is located in an area of this State in which the retail market is administered by the independent system administrator for northern Maine if the commission finds that implementation of the requirements of this section is unduly burdensome or cost-prohibitive in that portion of the utility's service territory.
[PL 2019, c. 81, §1 (NEW).]
Revisor's Note: §3106. Consumer protections; bill information as enacted by PL 2019, c. 88, §1 is REALLOCATED TO TITLE 35-A, SECTION 3107
Revisor's Note: §3106. Utility service standards as enacted by PL 2019, c. 104, §1 is REALLOCATED TO TITLE 35-A, SECTION 3108
SECTION HISTORY
PL 2019, c. 81, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 1: ELECTRIC RATES › 35-A §3107. Consumer protections; bill information (REALLOCATED FROM TITLE 32, SECTION 3106)

§3107. Consumer protections; bill information
(REALLOCATED FROM TITLE 32, SECTION 3106)
The commission by rule shall establish customer bill information requirements for investor-owned transmission and distribution utilities that:   [PL 2019, c. 88, §1 (NEW); RR 2019, c. 1, Pt. A, §49 (RAL).]
1.  Historical rate information.
Require investor-owned transmission and distribution utilities to include, once per year, as an insert or attachment to customer bills, an informational chart produced by the commission that displays a 10-year history of transmission, distribution and standard-offer service rates available to the customer's rate class, along with a statement of the total percentage change in transmission, distribution and standard-offer service rates over the 10-year period. The commission shall post the informational charts produced pursuant to this subsection on the commission's publicly accessible website;
[PL 2019, c. 88, §1 (NEW); RR 2019, c. 1, Pt. A, §49 (RAL).]
2.  Consumer assistance.
Require a customer bill issued by an investor-owned transmission and distribution utility to display clearly and prominently the toll-free telephone number for the commission's consumer assistance and safety division and a statement of the consumer assistance services available by calling the division; and
[PL 2019, c. 88, §1 (NEW); RR 2019, c. 1, Pt. A, §49 (RAL).]
3.  Correction of misleading information.
Establish a process by which, if the commission finds that an investor-owned transmission and distribution utility has included on customer bills, or inserts or attachments to customer bills, information that is misleading, deceptive or inaccurate, the transmission and distribution utility is required to provide to customers a statement that corrects the misleading, deceptive or inaccurate information that was disseminated. Upon request of the Public Advocate, the commission shall investigate the truth and accuracy of information included on customer bills, or inserts or attachments to customer bills.
[PL 2019, c. 88, §1 (NEW); RR 2019, c. 1, Pt. A, §49 (RAL).]
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2019, c. 88, §1 (NEW); RR 2019, c. 1, Pt. A, §49 (RAL).]
SECTION HISTORY
PL 2019, c. 88, §1 (NEW). RR 2019, c. 1, Pt. A, §49 (RAL).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 1: ELECTRIC RATES › 35-A §3108. Utility service standards (REALLOCATED FROM TITLE 32, SECTION 3106)

§3108. Utility service standards
(REALLOCATED FROM TITLE 32, SECTION 3106)
Except as provided in subsection 3, the commission by rule shall establish service standards for transmission and distribution utilities in accordance with this section.   [PL 2019, c. 104, §1 (NEW); RR 2019, c. 1, Pt. A, §50 (RAL).]
1.  Service interruption reporting.
The commission shall adopt rules that require transmission and distribution utilities to track and report service interruptions. The rules must include but are not limited to requirements for the following:
A. Record keeping regarding service interruptions affecting the distribution system of the utility; and   [PL 2019, c. 104, §1 (NEW); RR 2019, c. 1, Pt. A, §50 (RAL).]
B. Reporting service interruption information to the commission.   [PL 2019, c. 104, §1 (NEW); RR 2019, c. 1, Pt. A, §50 (RAL).]
[PL 2019, c. 104, §1 (NEW); RR 2019, c. 1, Pt. A, §50 (RAL).]
2.  Service standards; corrective actions.
The commission shall adopt rules that set standards for transmission and distribution utilities regarding the frequency and duration of service interruptions. The rules must establish performance targets and specify guidelines for the commission to require a transmission and distribution utility to take corrective actions if performance targets are not met.
[PL 2019, c. 104, §1 (NEW); RR 2019, c. 1, Pt. A, §50 (RAL).]
3.  Exception; small utilities.
Notwithstanding any other provision of this section, the commission may exempt small transmission and distribution utilities from any rule, or portion of a rule, required by this section if the commission determines that the rule would impose unreasonable requirements on the utility due to the small size of the utility. For the purposes of this subsection, "small transmission and distribution utility" means a transmission and distribution utility serving 50,000 or fewer retail customers.
[PL 2019, c. 104, §1 (NEW); RR 2019, c. 1, Pt. A, §50 (RAL).]
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2019, c. 104, §1 (NEW); RR 2019, c. 1, Pt. A, §50 (RAL).]
SECTION HISTORY
PL 2019, c. 104, §1 (NEW). RR 2019, c. 1, Pt. A, §50 (RAL).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 1: ELECTRIC RATES › 35-A §3109. Military veterans' organizations; residential customer (WHOLE SECTION TEXT EFFECTIVE UNTIL 9/01/25) (WHOLE SECTION TEXT REPEALED 9/01/25)

§3109. Military veterans' organizations; residential customer
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL 9/01/25)
(WHOLE SECTION TEXT REPEALED 9/01/25)
1.  Definitions.
For the purposes of this section, the following terms have the following meanings.
A. "Eligible military veterans' organization" means a military veterans' organization qualified under the federal Internal Revenue Code of 1986, 26 United States Code, Section 501(c)(19), as amended, excluding a trust or foundation for a post or organization of past or present members of the Armed Forces of the United States.   [PL 2021, c. 244, §1 (NEW).]
B. "Residential customer" means a customer defined as residential under the terms and conditions of the customer's transmission and distribution utility.   [PL 2021, c. 244, §1 (NEW).]
[PL 2021, c. 244, §1 (NEW).]
2.  Residential rate for military veterans' organizations.
A transmission and distribution utility shall, at the request of an eligible military veterans' organization, bill that organization at the same rate as the utility bills a residential customer for electric power or service provided to a facility owned by that organization or a facility rented by that organization if that organization is billed directly for electric power or service provided by the utility.
[PL 2021, c. 244, §1 (NEW).]
3.  Repeal.
This section is repealed September 1, 2025.
[PL 2021, c. 244, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 244, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 1: ELECTRIC RATES › 35-A §3110. Rate disclosures

§3110. Rate disclosures
1.  Current transmission and distribution utility rates.
On January 1st of each year, the commission shall publish on the commission's publicly accessible website residential transmission and distribution utility rates and standard-offer supply rates applicable for the period of January 1st to December 31st of that year. The commission shall update the published rates within 30 days of any change in those rates.
[PL 2023, c. 121, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 121, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 2: ENERGY PLANNING; CONSTRUCTION; PURCHASES › 35-A §3132-D. Nonwires alternatives procurement

§3132-D. Nonwires alternatives procurement
When the commission determines a nonwires alternative is appropriate under section 3132, 3132‑A or 3132‑B, the nonwires alternative must be prudently procured in accordance with this section.   [PL 2023, c. 355, §13 (AMD).]
1.  Behind the meter alternatives.
For a nonwires alternative on the customer side of the meter, the investor-owned transmission and distribution utility shall contract with the Efficiency Maine Trust to deliver the nonwires alternative through the trust's programs.
[PL 2019, c. 298, §15 (NEW).]
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.
[PL 2023, c. 355, §14 (AMD).]
An investor-owned transmission and distribution utility's prudently incurred costs to deliver nonwires alternatives directly or under contract with the Efficiency Maine Trust or a 3rd party are recoverable in rates. For purposes of this section, prudently incurred costs do not include a financial or performance incentive for the utility.   [PL 2019, c. 298, §15 (NEW).]
SECTION HISTORY
PL 2019, c. 298, §15 (NEW). PL 2023, c. 355, §§13, 14 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 2: ENERGY PLANNING; CONSTRUCTION; PURCHASES › 35-A §3134-A. New England Electric Power Pool Agreement (REPEALED)

§3134-A. New England Electric Power Pool Agreement
(REPEALED)
SECTION HISTORY
PL 1987, c. 490, §B5 (NEW). PL 1995, c. 357, §10 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 2: ENERGY PLANNING; CONSTRUCTION; PURCHASES › 35-A §3135. Physical connection between lines of utilities authorized

§3135. Physical connection between lines of utilities authorized
1.  Connection with feed lines.
A transmission and distribution utility may extend its lines to connect with the feed lines of any other transmission and distribution utility. The commission may fix such terms and conditions as will safeguard the rights and interests of both utilities.
[PL 1999, c. 398, Pt. A, §50 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
2.  Emergency connection and transport of energy.
The commission, in the interest of public convenience and necessity, may order any utility that is principally engaged in the transmission and distribution of electricity directly to the public or to be used ultimately by the public to transport temporarily electricity over its transmission or distribution facilities at a reasonable charge and in a manner as the commission directs when the transmission will alleviate an electric power shortage within this State that exists by reason of an emergency.
Whenever the commission, upon its own motion or upon application of any transmission and distribution utility, after due notice to all interested parties and an opportunity for a hearing, makes findings based upon substantial evidence that an emergency exists and that action is necessary and appropriate in the public interest and is not detrimental to the interests of investors and consumers, it may order a utility to establish physical connection of its transmission or distribution facilities with the facilities of one or more other utilities to transmit or distribute electricity for any other utility for a temporary period.
The commission may not compel a company to transmit or distribute electricity under this subsection when to do so would impair its ability to render adequate service to its customers.
The commission may prescribe the terms and conditions of the arrangement to be made between the utilities affected by the order, including the compensation or reimbursement reasonably due to any of them, and, in the case of a new physical connection, the apportionment of costs between them or among them provided that a utility making application for or receiving the benefit of a connection that will inure to its sole benefit assumes the entire cost of the connection.
[PL 1999, c. 398, Pt. A, §50 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A50 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 2: ENERGY PLANNING; CONSTRUCTION; PURCHASES › 35-A §3137. Area within which domestic transmission and distribution utility may transmit electricity; taxation by other states

§3137. Area within which domestic transmission and distribution utility may transmit electricity; taxation by other states
1.  Domestic transmission and distribution utility may transmit electricity inside or outside this State.
Notwithstanding any limitation imposed by its charter, each domestic transmission and distribution utility may transmit electricity and acquire and operate anywhere inside or outside this State utility facilities or interests in utility facilities of any nature or form used or required to be used in its service to the public, provided that nothing in this section authorizes a utility to distribute electricity in this State to any person or within any area, except as otherwise authorized by its charter or the general statutes of this State.
[PL 1999, c. 398, Pt. A, §52 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
2.  Legislative consent to application of laws of other states with respect to taxes.
Legislative consent is given to the application of the laws of other states with respect to taxation, payments in lieu of taxes and the assessment of taxes or payments in lieu of taxes to any domestic transmission and distribution utility that is acting outside this State under this section.
[PL 1999, c. 398, Pt. A, §52 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A52 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 2: ENERGY PLANNING; CONSTRUCTION; PURCHASES › 35-A §3138. Joint ownership of facility; waiver of right to partition

§3138. Joint ownership of facility; waiver of right to partition
Notwithstanding Title 14, chapter 719, any domestic transmission and distribution utility or foreign electric utility that acquires or owns a joint or common interest with one or more other utilities or other persons in any property that is used or acquired for use as a utility facility may surrender or waive its right to have a partition by division or partition by sale of the property for a period that does not exceed the period for which the property is used or useful for transmission and distribution utility purposes.   [PL 1999, c. 398, Pt. A, §53 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A53 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 2: ENERGY PLANNING; CONSTRUCTION; PURCHASES › 35-A §3139. Powers of foreign electric utility (REPEALED)

§3139. Powers of foreign electric utility
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1997, c. 316, §1 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 2: ENERGY PLANNING; CONSTRUCTION; PURCHASES › 35-A §3141. Taxation

§3141. Taxation
1.  Utility facilities owned by domestic transmission and distribution utility.
All utility facilities, real and personal, situated within this State and owned by a domestic transmission and distribution utility are subject to assessment and taxation to the same extent and in the same manner as provided in Title 36.
[PL 1999, c. 398, Pt. A, §56 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
2.  Utility facilities owned by foreign electric utility.
All utility facilities situated within this State and owned by a foreign electric utility other than a municipal or quasi-municipal corporation or other political subdivision of a state or province are subject to assessment and taxation to the same extent and in the same manner as though owned by a domestic transmission and distribution utility.
[PL 1999, c. 398, Pt. A, §56 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
3.  Foreign utility facility that is a municipal or quasi-municipal corporation exempt from taxation.
All utility facilities situated in this State and owned by a foreign electric utility that is a municipal or quasi-municipal corporation or other political subdivision of a state or province are exempt from taxation. In lieu of taxes the owner shall on or before September 1st of each year pay to the municipality where the utility facility lies the amount which would be assessable as property taxes if the utility facility were the property of a foreign electric utility other than a municipal or quasi-municipal corporation or other political subdivision of a state or province.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Procedures relating to payment in lieu of taxes.
The assessment, abatement and appellate procedures and all other procedures relating to the payment in lieu of taxes shall be as provided in Title 36 with respect to taxes.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A56 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 2: ENERGY PLANNING; CONSTRUCTION; PURCHASES › 35-A §3142. Registration required to market retail electric service (REPEALED)

§3142. Registration required to market retail electric service
(REPEALED)
SECTION HISTORY
PL 1997, c. 447, §A1 (NEW). PL 1997, c. 710, §8 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 2: ENERGY PLANNING; CONSTRUCTION; PURCHASES › 35-A §3145. State energy storage policy goals

§3145. State energy storage policy goals
The state goal for energy storage system development is at least 300 megawatts of installed capacity located within the State by December 31, 2025 and at least 400 megawatts of installed capacity located within the State by December 31, 2030. Beginning January 1, 2024, and every 2 years thereafter, the Governor's Energy Office established in Title 2, section 9 may reevaluate and increase the state goal for energy storage system development and report that goal to the joint standing committee of the Legislature having jurisdiction over energy and utilities matters. For the purposes of this section, "energy storage system" has the same meaning as in section 3481, subsection 6.   [PL 2023, c. 374, §1 (AMD).]
SECTION HISTORY
PL 2021, c. 298, §1 (NEW). PL 2021, c. 676, Pt. A, §49 (AMD). PL 2023, c. 374, §1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 2: ENERGY PLANNING; CONSTRUCTION; PURCHASES › 35-A §3146. Climate change protection plan

§3146. Climate change protection plan
No later than December 31, 2023, and every 3 years thereafter, a transmission and distribution utility shall submit to the commission a 10-year plan that includes specific actions for addressing the expected effects of climate change on the utility's assets needed to transmit and distribute electricity to its customers. The commission shall provide a process to allow for the input from interested parties on the transmission and distribution utility's plan. The commission may use the plan and the input received from interested parties in rate cases or other proceedings involving the transmission and distribution utility.   [PL 2021, c. 702, §7 (NEW).]
SECTION HISTORY
PL 2021, c. 702, §7 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 3: ELECTRIC RATE REFORM ACT › 35-A §3151. Title

§3151. Title
This subchapter shall be known and may be cited as the "Electric Rate Reform Act."   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 3: ELECTRIC RATE REFORM ACT › 35-A §3152. Policy and findings

§3152. Policy and findings
1.  Increased efficiency.
The Legislature declares and finds that improvements in transmission and distribution utility rate design and related regulatory programs have great potential for reducing the cost of electric utility services to consumers, for encouraging energy conservation and efficient use of existing facilities and for minimizing the need for expensive new electric transmission capacity. It is the purpose of this chapter to:
A. Require the commission to relate transmission and distribution rates more closely to the costs of providing transmission and distribution service;   [PL 2013, c. 369, Pt. F, §2 (AMD).]
B.   [PL 1999, c. 398, Pt. A, §57 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
C. Require the commission to consider the ability of low-income residential customers to pay in full for electric services as transmission and distribution rates are redesigned consistent with these policies; and   [PL 2013, c. 369, Pt. F, §3 (AMD).]
D. Require the commission to set rates to the extent practicable to achieve economic efficiency.   [PL 2013, c. 369, Pt. F, §4 (NEW).]
[PL 2013, c. 369, Pt. F, §§2-4 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 769, §A140 (AMD). PL 1991, c. 253, §§1-3 (AMD). PL 1993, c. 402, §1 (AMD). PL 1999, c. 398, §A57 (AMD). PL 1999, c. 398, §§A104,105 (AFF). PL 2013, c. 369, Pt. F, §§2-4 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 3: ELECTRIC RATE REFORM ACT › 35-A §3153. The Public Utilities Commission to develop proposals to improve electric utility rate design (REPEALED)

§3153. The Public Utilities Commission to develop proposals to improve electric utility rate design
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 451, §1 (RP). PL 1987, c. 490, §B6 (AMD). PL 1987, c. 769, §A141 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 3: ELECTRIC RATE REFORM ACT › 35-A §3155. The Attorney General authorized to intervene before the commission to protect consumer interest

§3155. The Attorney General authorized to intervene before the commission to protect consumer interest
The Department of Attorney General may:   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Make assessments.
Make general factual assessments of the impact of proposed rate changes and other proposed regulatory actions upon all affected consumers;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Assist consumers.
Assist consumers in the presentation of their positions before utility regulatory commissions;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Advocate position.
Advocate, on its own behalf, a position which it determines represents the position most advantageous to consumers, taking into account developments in rate design reform; and
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Obtain grants.
Obtain grants pursuant to Public Law 94-385, Section 205(a), 42 United States Code, Section 6805 and the funds made available are to be in addition to, and not in substitution for, funds made available to that department from other sources.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 4: OLDER CITIZENS TRANSMISSION AND DISTRIBUTION SERVICE POLICY › 35-A §3171. Title

§3171. Title
This subchapter may be known and cited as the "Older Citizens Transmission and Distribution Service Policy."   [PL 1999, c. 398, Pt. A, §66 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 1993, c. 1, §104 (COR). PL 1999, c. 398, §A66 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 4: OLDER CITIZENS TRANSMISSION AND DISTRIBUTION SERVICE POLICY › 35-A §3172. Policy

§3172. Policy
It is declared that it is a policy of the State to insure an adequate transmission and distribution utility service to older citizens at a price they can afford. Older citizens today face a special crisis in surviving under the constant increase in the cost of living and particularly in the cost of fuel and utility services. It is the purpose of lifeline transmission and distribution service to alleviate the upward spiral in the cost of transmission and distribution service to older citizens and at the same time to encourage as well as reward the conservation of scarce energy supplies by adopting the approach of constant per unit cost for the use of electricity. It is the policy of the State that older citizens be able to receive transmission and distribution service for basic necessities of modern life, such as lighting and refrigeration, at a stable, fair and reasonable minimum cost and to encourage the reduction of electricity consumption for all other uses beyond such basic necessities.   [PL 1999, c. 398, Pt. A, §67 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A67 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 5: BULK POWER TRANSACTIONS AND WHEELING › 35-A §3180. Definitions

§3180. Definitions
As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1987, c. 490, Pt. B, §7 (NEW).]
1.  Affiliate.
"Affiliate" means any person who, as determined by the commission:
A. Directly controls, is controlled by or is under common control with an electric generation enterprise; or   [PL 1987, c. 490, Pt. B, §7 (NEW).]
B. Substantially owns, is substantially owned by or is substantially under common ownership with, an electric generation enterprise.   [PL 1987, c. 490, Pt. B, §7 (NEW).]
[PL 1987, c. 490, Pt. B, §7 (NEW).]
SECTION HISTORY
PL 1987, c. 490, §B7 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 5: BULK POWER TRANSACTIONS AND WHEELING › 35-A §3181. Purchase and resale of electricity by Public Utilities Commission (REPEALED)

§3181. Purchase and resale of electricity by Public Utilities Commission
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A68 (RP). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 5: BULK POWER TRANSACTIONS AND WHEELING › 35-A §3182. Transmission or wheeling of electricity (REPEALED)

§3182. Transmission or wheeling of electricity
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §§B8,B9 (AMD). PL 1999, c. 398, §A69 (RP). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 31: GENERAL PROVISIONS › Subchapter 6: THE MAINE ENERGY POLICY ACT OF 1988 › 35-A §3191. Energy policy (REPEALED)

§3191. Energy policy
(REPEALED)
SECTION HISTORY
PL 1987, c. 671, §2 (NEW). PL 1991, c. 769, §2 (AMD). PL 1999, c. 398, §A70 (RP). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 32: ELECTRIC INDUSTRY RESTRUCTURING › 35-A §3206. Marketing; small utilities

§3206. Marketing; small utilities
1.  Small utilities; limitations.
Pursuant to the requirements of this section, on and after the beginning of retail access, an affiliated interest of a small investor-owned transmission and distribution utility may sell retail generation service to retail consumers of electricity located within or outside the service territory of the small investor-owned transmission and distribution utility with which it is affiliated.
[PL 1997, c. 316, §3 (NEW).]
2.  Rules of conduct.
By July 1, 1998, the commission shall open a rule-making proceeding to determine the extent of separation between a small investor-owned transmission and distribution utility and an affiliated competitive electricity provider necessary to avoid cross-subsidization and market power abuses. By March 1, 1999, the commission shall provisionally adopt all rules required under this subsection. Rules adopted under this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A. In adopting rules under this subsection, the commission shall consider all relevant issues, including, but not limited to:
A. Codes of conduct that may be required to ensure the effectiveness of the separation requirement;   [PL 1997, c. 316, §3 (NEW).]
B. Restrictions on employee activities;   [PL 1997, c. 316, §3 (NEW).]
C. Accounting standards; and   [PL 1997, c. 316, §3 (NEW).]
D. Information and service comparability requirements.   [PL 1997, c. 316, §3 (NEW).]
[PL 1997, c. 316, §3 (NEW).]
3.  Commission study.
The commission shall conduct a study to determine the most effective and efficient means of ensuring that the portions of this State that are currently connected to the New England electric grid through transmission lines that pass through Canada are connected to the grid in a manner that ensures that customers in those portions of the State are able to take full advantage of retail access. By January 1, 1999, the commission shall complete its study and report its findings and recommendations to the joint standing committee of the Legislature having jurisdiction over utility matters.
[PL 1997, c. 316, §3 (NEW).]
SECTION HISTORY
PL 1997, c. 316, §3 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 32: ELECTRIC INDUSTRY RESTRUCTURING › 35-A §3207. Marketing; consumer-owned utilities

§3207. Marketing; consumer-owned utilities
1.  Consumer-owned utilities; limitations.
Consumer-owned transmission and distribution utilities:
A. May sell retail generation service only within their respective service territories, and are authorized to purchase electric power and energy at wholesale, provided that the consumer-owned transmission and distribution utility complies with the requirements of section 3203, subsection 3 and section 3210, subsection 3, and to purchase such transmission and related services as may be required to effect the delivery of such power and energy to their respective service territories; and   [PL 2003, c. 141, §1 (AMD).]
B. May not sell wholesale generation service except incidental sales necessary to reduce the cost of providing retail service.   [PL 1997, c. 316, §3 (NEW).]
[PL 2003, c. 141, §1 (AMD).]
1-A.  Consumer-owned utilities in the northern Maine independent system administrator's area.
Notwithstanding subsection 1, a consumer-owned transmission and distribution utility with service territory within an area administered as of January 1, 2009 by the independent system administrator for northern Maine or any successor of the independent system administrator for northern Maine:
A. May sell retail generation service only within its service territory and is authorized to purchase electric power and energy at wholesale, as long as the consumer-owned transmission and distribution utility complies with the requirements of section 3203, subsection 3 and section 3210, subsection 3, and to purchase such transmission and related services as may be required to effect the delivery of such power and energy to its service territory; and   [PL 2009, c. 108, §1 (NEW).]
B. May sell wholesale generation service in excess of its retail generation service as part of providing retail service in accordance with paragraph A.   [PL 2009, c. 108, §1 (NEW).]
[PL 2009, c. 108, §1 (NEW).]
2.  Commission review of marketing within territory.
Notwithstanding any other provision of this chapter, the commission by rule shall limit or prohibit sale of generation services by competitive providers within the service territory of a consumer-owned transmission and distribution utility if the commission determines that allowing such sales would cause the consumer-owned transmission and distribution utility to lose its tax-exempt status under federal or state law. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A
[PL 1997, c. 316, §3 (NEW).]
SECTION HISTORY
PL 1997, c. 316, §3 (NEW). PL 2003, c. 141, §1 (AMD). PL 2009, c. 108, §1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 32: ELECTRIC INDUSTRY RESTRUCTURING › 35-A §3209. Rate design

§3209. Rate design
The commission shall set charges and rates collected by transmission and distribution utilities in accordance with this section.   [PL 1997, c. 316, §3 (NEW).]
1.  Applicable law.
The design of rate recovery for the collection of transmission and distribution costs, stranded costs and other costs recovered pursuant to this chapter must be consistent with existing law, as applicable. The commission may continue to permit recovery, in transmission and distribution utility rates, of costs previously incurred by the utility when it was an integrated electric utility that are not included in the recovery of stranded costs pursuant to section 3208.
[PL 1997, c. 316, §3 (NEW).]
2.  Proceeding.
Following notice and hearing, the commission shall complete an adjudicatory proceeding on or before December 1, 1999 for the design of cost recovery for transmission and distribution costs, stranded costs and other costs recovered pursuant to this chapter and for the design of rates for backup or standby service.
[PL 1999, c. 398, Pt. L, §2 (AMD).]
3.  Exit fees.
A customer who significantly reduces or eliminates consumption of electricity due to self-generation, conversion to an alternative fuel or demand-side management may not be assessed an exit or reentry fee in any form for the reduction or elimination of consumption or reestablishment of service with a transmission and distribution utility.
[PL 1997, c. 316, §3 (NEW).]
4.  Decommissioning costs.
As required by federal law, rule or order, the commission shall include in the rates of a transmission and distribution utility decommissioning expenses associated with a nuclear unit.
[PL 1997, c. 316, §3 (NEW).]
SECTION HISTORY
PL 1997, c. 316, §3 (NEW). PL 1999, c. 398, §L2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 32: ELECTRIC INDUSTRY RESTRUCTURING › 35-A §3209-E. Net energy billing cost management

§3209-E. Net energy billing cost management
1.  Definitions.
As used in this section, the following terms have the following meanings.
A. "Distributed generation resource" has the same meaning as in section 3209‑D, subsection 1, paragraph A.   [PL 2023, c. 411, §7 (NEW).]
B. "Net energy billing cost" means a cost borne by ratepayers that is determined by the commission to be reasonably attributable to distributed generation projects participating in net energy billing arrangements under section 3209‑A and section 3209‑B.   [PL 2023, c. 411, §7 (NEW).]
C. "Opt-in program" means a program to reduce net energy billing costs in which a distributed generation resource may elect to participate.   [PL 2023, c. 411, §7 (NEW).]
[PL 2023, c. 411, §7 (NEW).]
2.  Opt-in programs.
The commission may develop and implement one or more opt‑in programs in accordance with this section.
A. The commission shall conduct one or more proceedings to examine and evaluate opt-in program designs, including, but not limited to, designs that include long-term financial mechanisms and buy-down arrangements. In conducting an examination and evaluation in accordance with this paragraph, the commission shall consult with the Finance Authority of Maine and give preference to designs that enable the continued development and operation of distributed generation resources.   [PL 2023, c. 411, §7 (NEW).]
B. After examining and evaluating opt-in programs under paragraph A, if the commission finds the implementation of an opt-in program to be in the public interest, the commission shall establish and implement the opt-in program by rule.   [PL 2023, c. 411, §7 (NEW).]
C. The commission may not require a distributed generation resource to participate in an opt-in program established in accordance with this section.   [PL 2023, c. 411, §7 (NEW).]
[PL 2023, c. 411, §7 (NEW).]
3.  Rules.
The commission may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2023, c. 411, §7 (NEW).]
SECTION HISTORY
PL 2023, c. 411, §7 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 32: ELECTRIC INDUSTRY RESTRUCTURING › 35-A §3210-B. Electric utility and conservation benefits (REPEALED)

§3210-B. Electric utility and conservation benefits
(REPEALED)
SECTION HISTORY
PL 2003, c. 610, §2 (NEW). MRSA T. 35-A §3210-B, sub-§5 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 32: ELECTRIC INDUSTRY RESTRUCTURING › 35-A §3210-D. Resource plan

§3210-D. Resource plan
The commission shall adopt by rule a long-term plan for electric resource adequacy for this State to ensure grid reliability and the provision or availability of electricity to consumers at the lowest cost.   [PL 2005, c. 677, Pt. C, §1 (NEW).]
After final adoption of rules under this section, the commission shall take any necessary action within its authority under this Title to support achievement of the objectives of the plan.   [PL 2005, c. 677, Pt. C, §1 (NEW).]
Rules adopted under this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2005, c. 677, Pt. C, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 677, §C1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 32: ELECTRIC INDUSTRY RESTRUCTURING › 35-A §3210-F. Allocation of costs and benefits of long-term energy contracts

§3210-F. Allocation of costs and benefits of long-term energy contracts
The commission shall ensure that all eligible costs and benefits associated with a long-term energy contract are allocated to ratepayers in accordance with this section.   [PL 2013, c. 454, §2 (NEW).]
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Eligible costs and benefits" means the net amount of all costs and direct financial benefits associated with long-term energy contracts entered into by investor-owned transmission and distribution utilities, including but not limited to any effects on a utility's cost of capital as a result of these contracts.   [PL 2013, c. 454, §2 (NEW).]
B. "Long-term energy contract" means a contract with an investor-owned transmission and distribution utility entered into under section 3210‑C or section 3604.   [PL 2013, c. 454, §2 (NEW).]
[PL 2013, c. 454, §2 (NEW).]
2.  Eligible costs and benefits.
The commission shall determine the eligible costs and benefits of a long-term energy contract annually.
[PL 2013, c. 454, §2 (NEW).]
3.  Allocation of eligible costs and benefits.
The commission shall annually allocate to each investor-owned transmission and distribution utility its pro rata share of eligible costs and benefits as determined under subsection 2. The allocation must be based on each utility's total retail kilowatt-hour energy sales to ratepayers that receive the benefits and pay the costs of long-term energy contracts. The commission may determine the means to be used for the allocation required under this section, which may include the direct transfer of funds between investor-owned transmission and distribution utilities.
[PL 2013, c. 454, §2 (NEW).]
4.  Rules.
The commission may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.
[PL 2013, c. 454, §2 (NEW).]
SECTION HISTORY
PL 2013, c. 454, §2 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 32: ELECTRIC INDUSTRY RESTRUCTURING › 35-A §3211. Conservation programs (REPEALED)

§3211. Conservation programs
(REPEALED)
SECTION HISTORY
PL 1997, c. 316, §3 (NEW). PL 1999, c. 336, §3 (RPR). PL 2001, c. 624, §3 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 32: ELECTRIC INDUSTRY RESTRUCTURING › 35-A §3211-A. Conservation programs (REPEALED)

§3211-A. Conservation programs
(REPEALED)
SECTION HISTORY
PL 2001, c. 624, §4 (NEW). PL 2003, c. 217, §1 (AMD). PL 2003, c. 219, §1 (AMD). PL 2003, c. 275, §§1,2 (AMD). PL 2003, c. 487, §§2,3 (AMD). PL 2005, c. 459, §1 (AMD). PL 2005, c. 569, §§1-6 (AMD). PL 2007, c. 317, §§3-13 (AMD). PL 2009, c. 372, Pt. A, §6 (RP). PL 2009, c. 372, Pt. A, §10 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 32: ELECTRIC INDUSTRY RESTRUCTURING › 35-A §3211-B. Additional energy conservation programs (REPEALED)

§3211-B. Additional energy conservation programs
(REPEALED)
Revisor's Note: §3211-B. Solar energy rebate program; fund (As enacted by PL 2005, c. 459, §2 is REALLOCATED TO TITLE 35-A, SECTION 3211-C)
SECTION HISTORY
PL 2003, c. 20, §RR10 (NEW). PL 2003, c. 20, §RR18 (AFF). PL 2003, c. 644, §8 (RP). PL 2003, c. 688, §G1 (AFF). RR 2005, c. 1, §17 (RAL). PL 2005, c. 459, §2 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 32: ELECTRIC INDUSTRY RESTRUCTURING › 35-A §3211-C. Solar and wind energy rebate program; fund (REPEALED) (REALLOCATED FROM TITLE 35-A, SECTION 3211-B)

§3211-C. Solar and wind energy rebate program; fund
(REPEALED)
(REALLOCATED FROM TITLE 35-A, SECTION 3211-B)
SECTION HISTORY
RR 2005, c. 1, §17 (RAL). PL 2007, c. 29, §1 (AMD). PL 2007, c. 158, §§1-4 (AMD). PL 2007, c. 493, §§1-3 (AMD). PL 2007, c. 661, Pt. D, §1 (AMD). PL 2009, c. 88, §1 (AMD). PL 2009, c. 372, Pt. A, §7 (RP). PL 2009, c. 372, Pt. A, §10 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 32: ELECTRIC INDUSTRY RESTRUCTURING › 35-A §3212-A. Green power options (REPEALED)

§3212-A. Green power options
(REPEALED)
SECTION HISTORY
PL 2007, c. 403, §8 (NEW). PL 2009, c. 329, Pt. B, §§2-5 (AMD). PL 2009, c. 542, §7 (AMD). PL 2015, c. 25, §1 (AMD). MRSA T. 35-A §3212-A, sub-§3 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 32: ELECTRIC INDUSTRY RESTRUCTURING › 35-A §3213. Bill unbundling; consumer education (REPEALED)

§3213. Bill unbundling; consumer education
(REPEALED)
SECTION HISTORY
PL 1997, c. 316, §3 (NEW). PL 1997, c. 691, §8 (AMD). PL 2013, c. 116, §2 (RP).