reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 4: SPENT FUEL AND HIGH-LEVEL WASTE REQUIREMENTS › 35-A §4371. On-site storage of spent fuel assemblies; limitations

§4371. On-site storage of spent fuel assemblies; limitations
After July 1, 1992, no nuclear fission thermal power plant licensee may store or maintain in on-site spent fuel element pools or other on-site temporary storage facilities any spent nuclear fuel which was removed from the nuclear reactor core more than 3 years previously.   [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 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 4: SPENT FUEL AND HIGH-LEVEL WASTE REQUIREMENTS › 35-A §4372. Definitions

§4372. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Construction.
"Construction" means the installation of permanent equipment or structures.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  High-level radioactive waste.
"High-level radioactive waste" means the highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from that liquid waste that contains fission products in sufficient concentrations; and other highly radioactive material that the United States Nuclear Regulatory Commission, consistent with existing law, determines by rule to require permanent isolations.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Nuclear power plant.
"Nuclear power plant" means a nuclear fission thermal power plant.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Technology or means for the disposal of high-level nuclear waste.
"Technology or means for the disposal of high-level nuclear waste" means a method for the permanent and terminal disposal of high-level nuclear waste. It does not necessarily require that facilities for the application of such technology and means be available at the time the commission makes its findings. This disposition does not necessarily preclude the possibility of an approved process for retrieval of such waste.
[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 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 4: SPENT FUEL AND HIGH-LEVEL WASTE REQUIREMENTS › 35-A §4373. Certification required prior to construction of nuclear power plants

§4373. Certification required prior to construction of nuclear power plants
No construction may commence on a nuclear power plant, until the Public Utilities Commission has certified it under this subchapter.   [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 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 4: SPENT FUEL AND HIGH-LEVEL WASTE REQUIREMENTS › 35-A §4374. Conditions for certification of nuclear power plants

§4374. Conditions for certification of nuclear power plants
The commission may certify a nuclear power plant if it finds that:   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Federal Government identification and approval of technology.
The Federal Government, through its authorized agency, has identified and approved a demonstrable technology or means for the disposal of high-level nuclear waste;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Waste storage facilities operational.
Specific facilities with adequate capacity to contain high-level nuclear waste are in actual operation, or will be in operation, at the time the nuclear power plant being certified requires the means for the disposal of high-level nuclear waste; and
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Proposal for disposal is in conformity.
The disposal of high-level nuclear waste proposed for any nuclear power plant to be certified according to this subchapter is in full conformity with the technology approved by the authorized agency of the Federal Government.
[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 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 4: SPENT FUEL AND HIGH-LEVEL WASTE REQUIREMENTS › 35-A §4375. Commission action upon petition

§4375. Commission action upon petition
Upon petition of any person, the commission shall within a reasonable time conduct public hearings and make specific findings as to the conditions set forth in section 4374.   [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 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 4: SPENT FUEL AND HIGH-LEVEL WASTE REQUIREMENTS › 35-A §4376. Commission and other agency action if certification not granted

§4376. Commission and other agency action if certification not granted
If the conditions of section 4374 have not been met, the commission may continue to receive and process applications for certification, but may not certify a nuclear power plant. Any other governmental entity which grants necessary permits, licenses, approvals or authorizations for construction of a nuclear power plant may process and grant those permits, licenses, approvals or authorizations, subject to the commission's granting of certification under this chapter.   [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 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 5: SPENT FUEL DISPOSAL TRUST FUND › 35-A §4391. Definitions (REPEALED)

§4391. Definitions
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A101 (AMD). PL 1999, c. 398, §§A104,105 (AFF). PL 2017, c. 402, Pt. C, §101 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). MRSA T. 35-A §4392, sub-§6 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 5: SPENT FUEL DISPOSAL TRUST FUND › 35-A §4392. Spent Nuclear Fuel Disposal Trust Fund (REPEALED)

§4392. Spent Nuclear Fuel Disposal Trust Fund
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 173, §§1-3 (AMD). PL 1999, c. 398, §A102 (AMD). PL 1999, c. 398, §§A104,105 (AFF). RR 2009, c. 2, §104 (COR). PL 2015, c. 494, Pt. C, §2 (AMD). PL 2017, c. 402, Pt. C, §102 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). MRSA T. 35-A §4392, sub-§6 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 5: SPENT FUEL DISPOSAL TRUST FUND › 35-A §4393. Report; audit (REPEALED)

§4393. Report; audit
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). MRSA T. 35-A §4392, sub-§6 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 6: POST-DECOMMISSIONING OVERSIGHT FEES › 35-A §4395. State assessment (REPEALED)

§4395. State assessment
(REPEALED)
SECTION HISTORY
PL 2005, c. 254, §A2 (NEW). PL 2007, c. 539, Pt. KK, §14 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 43: NUCLEAR POWER GENERATING FACILITIES › Subchapter 6: POST-DECOMMISSIONING OVERSIGHT FEES › 35-A §4396. Interim Spent Fuel Storage Facility Oversight Fund (REPEALED)

§4396. Interim Spent Fuel Storage Facility Oversight Fund
(REPEALED)
SECTION HISTORY
PL 2005, c. 254, §A2 (NEW). PL 2007, c. 539, Pt. KK, §14 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 44: MAINE SURPLUS ENERGY AUCTION PROGRAM (REPEALED) › 35-A §4401. Definitions (REPEALED)

§4401. Definitions
(REPEALED)
SECTION HISTORY
PL 1993, c. 662, §1 (NEW). PL 1997, c. 56, §1 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 44: MAINE SURPLUS ENERGY AUCTION PROGRAM (REPEALED) › 35-A §4402. Program established (REPEALED)

§4402. Program established
(REPEALED)
SECTION HISTORY
PL 1993, c. 662, §1 (NEW). PL 1997, c. 56, §1 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 44: MAINE SURPLUS ENERGY AUCTION PROGRAM (REPEALED) › 35-A §4403. Surplus energy pool established (REPEALED)

§4403. Surplus energy pool established
(REPEALED)
SECTION HISTORY
PL 1993, c. 662, §1 (NEW). PL 1995, c. 462, §A65 (AMD). PL 1997, c. 56, §1 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 3: ELECTRIC POWER › Chapter 44: MAINE SURPLUS ENERGY AUCTION PROGRAM (REPEALED) › 35-A §4404. Report to Legislature (REPEALED)

§4404. Report to Legislature
(REPEALED)
SECTION HISTORY
PL 1993, c. 662, §1 (NEW). PL 1997, c. 56, §1 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 45: NATURAL GAS PIPELINE UTILITIES › 35-A §4501. Declaration of policy

§4501. Declaration of policy
It is declared that the business of transporting natural gas within the State by interstate or intrastate natural gas pipeline utilities affects the public interest and that the health, safety and welfare of the inhabitants of the State require regulation in matters relating to the transportation of natural gas to the extent provided in this chapter.   [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 4: GAS › Chapter 45: NATURAL GAS PIPELINE UTILITIES › 35-A §4502. Organization; power to construct and operate pipelines

§4502. Organization; power to construct and operate pipelines
1.  Organization of corporations to construct pipelines.
Corporations for the purpose of constructing and operating natural gas pipelines may be organized under Title 13‑C. Following organization under former Title 13‑A or Title 13‑C, the corporation has all the other rights, privileges and immunities of a legal corporation organized under Title 13‑C, except as they are inconsistent with this chapter.
[PL 2003, c. 344, Pt. D, §25 (AMD).]
2.  Interstate and intrastate pipelines.
A natural gas pipeline utility, organized under the laws of this State or of any other state or of the United States to construct and operate an interstate natural gas pipeline, which holds a certificate of public convenience and necessity issued under federal law, authorizing it to construct and operate natural gas pipeline and appurtenant facilities within this State, or to construct and operate an intrastate natural gas pipeline, which has obtained authorization from the commission to construct and operate such intrastate natural gas pipeline or pipelines and appurtenant facilities, may, upon compliance with this chapter, purchase, hold and convey real estate and personal property for the purposes for which it was created.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 2003, c. 344, §D25 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 45: NATURAL GAS PIPELINE UTILITIES › 35-A §4503. Filing certificate of public convenience

§4503. Filing certificate of public convenience
At least 30 days before beginning construction of an interstate natural gas pipeline within this State, the corporation shall file with the Secretary of State a certified copy of the certificate of public convenience and necessity issued to it under the Federal Natural Gas Act or, if the pipeline is intrastate, a certificate exhibiting the commission's authorization.   [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 4: GAS › Chapter 45: NATURAL GAS PIPELINE UTILITIES › 35-A §4504. Eminent domain (REPEALED)

§4504. Eminent domain
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 605, §1 (RP). PL 1999, c. 605, §3 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 45: NATURAL GAS PIPELINE UTILITIES › 35-A §4505. Exemption from eminent domain (REPEALED)

§4505. Exemption from eminent domain
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 605, §1 (RP). PL 1999, c. 605, §3 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 45: NATURAL GAS PIPELINE UTILITIES › 35-A §4506. Construction requirements

§4506. Construction requirements
1.  Soil requirements.
A natural gas pipeline must be laid at least 24 inches below the surface of the soil. The soil above the pipeline must be graded to the level of the adjacent land and left in good working condition unless otherwise agreed to by the natural gas pipeline utility and the property owner.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Damage to growing crops.
The natural gas pipeline utility shall pay for any damage to growing crops caused by the construction, operation, maintenance, repair or reconstruction of a natural gas pipeline.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Driveways, drains, pipes and wires left in good condition.
Driveways, drains, water pipes and other service pipes or wires located on land on which a natural gas pipeline is constructed shall be left in as good condition as they were prior to the construction, maintenance, repair or reconstruction of the pipeline, except when the natural gas pipeline utility and the owner of the property or right-of-way agree otherwise.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Closing right-of-way prohibited.
No driveway or right-of-way over the land on which a natural gas pipeline is located may, except during the construction, maintenance, repair or reconstruction of the pipeline, be closed for passage, except by agreement between the natural gas pipeline utility and the owner of the property or right-of-way.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
5.  Buildings.
A building erected by a natural gas pipeline utility shall conform in its method of construction with the building laws or regulations in force in the location in which it is erected, and the exterior design of the building shall conform to the extent possible with the general architectural standards of buildings in the locality.
[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 4: GAS › Chapter 45: NATURAL GAS PIPELINE UTILITIES › 35-A §4507. Franchise area; restricted sale

§4507. Franchise area; restricted sale
A natural gas pipeline utility may not supply or sell natural gas to any person within the franchise area of another utility, which is authorized by the State to transmit or sell gas within the franchise area, except to that other utility, unless the other utility consents to the sale and the commission approves or the commission permits the sale, after notice and hearing.   [PL 1987, c. 490, Pt. C, §11 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §C11 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 45: NATURAL GAS PIPELINE UTILITIES › 35-A §4508. Powers and authority of Public Utilities Commission

§4508. Powers and authority of Public Utilities Commission
1.  Natural gas pipeline utilities subject to commission's authority.
A natural gas pipeline utility organized to construct or operate an interstate natural gas pipeline that holds a certificate of public convenience and necessity issued under the Federal Natural Gas Act authorizing it to construct or operate a natural gas pipeline and appurtenant facilities within the State, or an intrastate natural gas pipeline utility that has obtained authorization from the commission, is subject to the authority of the commission. The commission shall adopt policies that reduce the probability of methane leakage from facilities as part of its regulation under this chapter.
[PL 2013, c. 369, Pt. B, §2 (AMD).]
2.  Commission rules and limitation on commission authority.
The commission may make necessary rules with respect to the natural gas pipeline utility's pipeline, equipment and manner of operation as they relate to the safety of the public and of the utility's employees, provided that the commission's authority is not inconsistent with or in violation of the Federal Natural Gas Act, as amended, or any rules, orders, regulations or certificates of public convenience and necessity issued under that Act.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Power to effectuate policies of this chapter.
To effectuate the policies and provisions of this chapter and when determined necessary to obtain uniformity in the formulation, administration and enforcement of any order or rule issued under this chapter, or promulgated by an agency of the United States, pertaining to the regulating or handling of natural gas, the commission may:
A. Confer, cooperate and enter into compacts with the agency;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Avail itself of records and facilities of the authority and make records and facilities available to the agency;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
C. Conduct joint investigations and hold joint hearings;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
D. Issue orders and rules jointly or concurrently with, or complementary to those issued by, the agency; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
E. Collaborate with the agency and others in the development and operation of measures for the increased safety of the transportation and distribution of natural gas within the State.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 2013, c. 369, Pt. B, §2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 45: NATURAL GAS PIPELINE UTILITIES › 35-A §4509. Application of this Title

§4509. Application of this Title
A natural gas pipeline utility is subject to all provisions of this Title as far as applicable and to the orders and rules adopted and promulgated by the commission under the authority of this Title.   [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 4: GAS › Chapter 45: NATURAL GAS PIPELINE UTILITIES › 35-A §4510. Submission of plans to commission

§4510. Submission of plans to commission
Not less than 30 days before the solicitation of bids for construction or installation or, if bids are not solicited, not less than 30 days before actual construction or installation, the natural gas pipeline utility shall submit to the commission information concerning the engineering design of its pipeline and the standards of construction which it proposes to follow and any other information the commission determines necessary, so that it may determine whether the public safety and the safety of the utility's employees are being protected. If the commission finds that any part of the engineering design does not conform to the minimum standards of the American Standard Code of Pressure Piping, promulgated by the American Standards Association of New York, or that the condition of any part of the equipment or the manner of operating it are dangerous to the public safety or the employees' safety, it shall make an order to remedy the nonconformity or dangerous condition and furnish a copy of the order to the utility.   [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 4: GAS › Chapter 45: NATURAL GAS PIPELINE UTILITIES › 35-A §4511. Submission of map to commission

§4511. Submission of map to commission
A natural gas pipeline utility, as soon as it has definitely established a route, but in any event not less than 30 days before the commencement of actual construction or installation, shall submit to the commission and to the governing body of each municipality through which it is proposed that the route shall pass, for their information, a map approved as to form by the commission that clearly sets forth the proposed route.   [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 4: GAS › Chapter 45: NATURAL GAS PIPELINE UTILITIES › 35-A §4512. Compliance with orders

§4512. Compliance with orders
A natural gas pipeline utility subject to this chapter shall comply immediately with any proper order of the commission.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Failure to comply.
[PL 2003, c. 505, §31 (RP).]
2.  Damages.
In addition to the administrative penalty imposed pursuant to this Title, a natural gas pipeline utility that fails to comply with an order of the commission shall reimburse any person whose property is damaged as a result of the failure for the amount of the property damage and be liable in double damages for any injury resulting to a person from the failure.
[PL 2003, c. 505, §32 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 2003, c. 505, §§31,32 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 45: NATURAL GAS PIPELINE UTILITIES › 35-A §4513. Interstate and foreign commerce not affected

§4513. Interstate and foreign commerce not affected
No provision of this chapter or of any order or rule under this chapter applies to or may be construed to apply to interstate or foreign commerce, except as far as the provision is effective pursuant to the Constitution of the United States under the laws of the United States.   [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 4: GAS › Chapter 45: NATURAL GAS PIPELINE UTILITIES › 35-A §4515. Cease and desist orders

§4515. Cease and desist orders
The commission may order a natural gas pipeline utility to cease and desist from operating or acting in violation of a statute or rule or order. Whenever practicable, the commission shall notify a natural gas pipeline utility against whom a cease and desist order is contemplated and afford it an opportunity to present its views and shall afford it reasonable opportunity to comply. Failure to notify and afford such an opportunity does not preclude the granting of appropriate relief.   [PL 2003, c. 505, §33 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 2003, c. 505, §33 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 45: NATURAL GAS PIPELINE UTILITIES › 35-A §4516. Civil violation (REPEALED)

§4516. Civil violation
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1993, c. 113, §1 (AMD). PL 2003, c. 505, §34 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 45: NATURAL GAS PIPELINE UTILITIES › 35-A §4516-A. Administrative penalty

§4516-A. Administrative penalty
1.  Violation of this Title.
The commission may impose an administrative penalty on a natural gas pipeline utility that violates any provision of this Title relating to safety of pipeline facilities or transportation of gas or any rule issued under this Title in an amount not to exceed $223,000 for each violation. Each day of violation constitutes a separate offense.
[PL 2021, c. 318, §15 (AMD).]
2.  Maximum administrative penalty.
The maximum administrative penalty may not exceed $2,227,000 for any related series of violations.
[PL 2021, c. 318, §16 (AMD).]
3.  Determining amount of penalty.
In determining the amount of the penalty, the commission shall consider the following:
A. The nature, circumstances and gravity of the violation;   [PL 2003, c. 505, §35 (NEW).]
B. The degree of the natural gas pipeline utility's culpability;   [PL 2003, c. 505, §35 (NEW).]
C. The natural gas pipeline utility's history of prior offenses;   [PL 2003, c. 505, §35 (NEW).]
D. The natural gas pipeline utility's ability to pay;   [PL 2003, c. 505, §35 (NEW).]
E. Any good faith by the natural gas pipeline utility in attempting to achieve compliance;   [PL 2003, c. 505, §35 (NEW).]
F. The effect on the natural gas pipeline utility's ability to continue in business; and   [PL 2003, c. 505, §35 (NEW).]
G. Such other matters as justice may require.   [PL 2003, c. 505, §35 (NEW).]
[PL 2003, c. 505, §35 (NEW).]
4.  Payment of penalty.
The amount of the administrative penalty may be:
A. Deducted from any sums owing by the State to the natural gas pipeline utility; or   [PL 2003, c. 505, §35 (NEW).]
B. Recovered in a civil action in the state courts.   [PL 2003, c. 505, §35 (NEW).]
[PL 2003, c. 505, §35 (NEW).]
5.  Limitation on imposing penalty.
Any action that may result in the imposition of an administrative penalty pursuant to this section must be commenced within 5 years after the cause of action accrues.
[PL 2003, c. 505, §35 (NEW).]
SECTION HISTORY
PL 2003, c. 505, §35 (NEW). PL 2013, c. 495, §1 (AMD). PL 2021, c. 318, §§15, 16 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 47: GAS UTILITIES › 35-A §4701. Gas utilities authorized to deal in natural gas

§4701. Gas utilities authorized to deal in natural gas
Any gas utility is authorized to buy, sell, furnish, transport, store, distribute, dispose of or otherwise deal in natural gas and a mixture of natural gas and manufactured gas and their by-products, to the same extent and with the same rights, privileges and limitations conferred or imposed upon it with respect to manufactured gas, and within the same territorial limitations within which it is authorized to deal in manufactured gas.   [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 4: GAS › Chapter 47: GAS UTILITIES › 35-A §4701-A. Renewably sourced gas; authorized with commission approval

§4701-A. Renewably sourced gas; authorized with commission approval
1.  Definition.
For the purposes of this section, unless the context otherwise indicates, the following term has the following meaning.
A. "Renewably sourced gas" means gas that the commission finds has been processed to meet pipeline, equipment and appliance quality standards to blend with or substitute for geologically derived natural gas and may include gas that:
(1) Is produced by anaerobic digestion or gasification of agricultural waste, dairy or animal residual materials or landfill biomass material;
(2) Is produced by wastewater treatment or other waste processes; or
(3) Has a lower carbon content than natural gas, including but not limited to hydrogen gas.   [PL 2023, c. 222, §4 (NEW).]
[PL 2023, c. 222, §4 (NEW).]
2.  Renewably sourced gas.
Any gas utility may be authorized, subject to commission approval in accordance with subsection 3, to buy, sell, furnish, transport, store, distribute, dispose of or otherwise deal in renewably sourced gas with the same rights, privileges and limitations conferred or imposed upon it with respect to geologically or conventionally sourced natural gas and within the same territorial limitations within which it is authorized to deal in manufactured gas.
[PL 2023, c. 222, §4 (NEW).]
3.  Commission approval.
A gas utility may petition the commission to utilize renewably sourced gas in accordance with subsection 2. The commission may authorize the use of renewably sourced gas upon a finding that:
A. The gas utility will utilize the renewably sourced gas in a manner that is safe and reliable;   [PL 2023, c. 222, §4 (NEW).]
B. The renewably sourced gas will be provided to customers at a just and reasonable rate; and   [PL 2023, c. 222, §4 (NEW).]
C. Granting the authorization may reduce greenhouse gas emissions and help to meet the greenhouse gas emissions reduction levels set forth in Title 38, section 576‑A.   [PL 2023, c. 222, §4 (NEW).]
[PL 2023, c. 222, §4 (NEW).]
SECTION HISTORY
PL 2023, c. 222, §4 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 47: GAS UTILITIES › 35-A §4702. Safety jurisdiction only over certain gas utilities (REPEALED)

§4702. Safety jurisdiction only over certain gas utilities
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 718, §15 (RPR). PL 2011, c. 197, §1 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 47: GAS UTILITIES › 35-A §4704. Cease and desist orders

§4704. Cease and desist orders
The commission may order a gas utility to cease and desist from operating or acting in violation of a statute or rule or order of the commission. Whenever practicable, the commission shall notify a gas utility against whom a cease and desist order is contemplated and afford it an opportunity to present its views and shall afford it reasonable opportunity to comply. Failure to notify and afford such an opportunity does not preclude the granting of appropriate relief.   [PL 2003, c. 505, §36 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 2003, c. 505, §36 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 47: GAS UTILITIES › 35-A §4705. Civil forfeiture (REPEALED)

§4705. Civil forfeiture
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1993, c. 113, §2 (AMD). PL 2003, c. 505, §37 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 47: GAS UTILITIES › 35-A §4705-A. Administrative penalty

§4705-A. Administrative penalty
1.  Violation of this Title.
The commission may impose an administrative penalty on a gas utility that violates any provision of this Title relating to safety of gas facilities or any rule issued under this Title in an amount not to exceed $223,000 for each violation. Each day of violation constitutes a separate offense.
[PL 2021, c. 318, §18 (AMD).]
2.  Maximum administrative penalty.
The maximum administrative penalty may not exceed $2,227,000 for any related series of violations.
[PL 2021, c. 318, §19 (AMD).]
3.  Determining amount of penalty.
In determining the amount of the penalty, the commission shall consider the following:
A. The nature, circumstances and gravity of the violation;   [PL 2003, c. 505, §38 (NEW).]
B. The degree of the gas utility's culpability;   [PL 2003, c. 505, §38 (NEW).]
C. The gas utility's history of prior offenses;   [PL 2003, c. 505, §38 (NEW).]
D. The gas utility's ability to pay;   [PL 2003, c. 505, §38 (NEW).]
E. Any good faith by the gas utility in attempting to achieve compliance;   [PL 2003, c. 505, §38 (NEW).]
F. The effect on the gas utility's ability to continue in business; and   [PL 2003, c. 505, §38 (NEW).]
G. Such other matters as justice may require.   [PL 2003, c. 505, §38 (NEW).]
[PL 2003, c. 505, §38 (NEW).]
4.  Payment of penalty.
The amount of the penalty may be:
A. Deducted from any sums owing by the State to the gas utility; or   [PL 2003, c. 505, §38 (NEW).]
B. Recovered in a civil action in the state courts.   [PL 2003, c. 505, §38 (NEW).]
[PL 2003, c. 505, §38 (NEW).]
5.  Limitation on imposing penalty.
Any action that may result in the imposition of an administrative penalty pursuant to this section must be commenced within 5 years after the cause of action accrues.
[PL 2003, c. 505, §38 (NEW).]
SECTION HISTORY
PL 2003, c. 505, §38 (NEW). PL 2013, c. 495, §2 (AMD). PL 2021, c. 318, §§18, 19 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 47: GAS UTILITIES › 35-A §4706-A. Special rate arrangements for eligible low-income customers (REPEALED)

§4706-A. Special rate arrangements for eligible low-income customers
(REPEALED)
SECTION HISTORY
PL 1999, c. 664, §1 (NEW). PL 2009, c. 35, §1 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 47: GAS UTILITIES › 35-A §4706-B. Assistance programs for low-income customers

§4706-B. Assistance programs for low-income customers
1.  Programs.
Each gas utility in the State that serves 5,000 or more residential customers shall offer low-income assistance programs for residential customers who satisfy criteria for low-income assistance as established by the commission in rule. To the maximum extent possible, a gas utility, in adopting and implementing a low-income assistance program under this section, shall seek to encourage conservation in the use of gas by program participants.
[PL 2009, c. 35, §2 (NEW).]
2.  Cost recovery.
The commission shall include in rates for a gas utility all costs incurred in compliance with this section and commission rules adopted under this section, as long as such costs have been prudently incurred.
[PL 2009, c. 35, §2 (NEW).]
3.  Rules.
The commission may adopt rules necessary to implement this section. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2009, c. 35, §2 (NEW).]
4.  Report.
The commission shall report on low-income assistance programs offered by gas utilities pursuant to this section within the annual report required under section 120.
[PL 2009, c. 35, §2 (NEW).]
SECTION HISTORY
PL 2009, c. 35, §2 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 47: GAS UTILITIES › 35-A §4706-C. Promotional allowances

§4706-C. Promotional allowances
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Promotional allowance" means any rebate, discount, credit or other promotion offered or provided by a gas utility to customers or potential customers for the purpose of encouraging customers or potential customers to select or use the service or increase usage of the service of that utility; to select, purchase, install or use any appliance or equipment designed to use that utility's service; or to use any other particular service of that utility.   [PL 2017, c. 83, §1 (NEW).]
[PL 2017, c. 83, §1 (NEW).]
2.  Promotional allowance allowed.
Notwithstanding sections 302-A and 703, a gas utility, without prior notice or approval from the commission, may offer or provide a promotional allowance.
[PL 2017, c. 83, §1 (NEW).]
3.  Filing of schedules of rates.
Notwithstanding section 307, schedules of rates that provide for promotional allowances take effect when filed with the commission, unless a later effective date is specified in the filing. A copy of the filing must also be provided simultaneously to the Efficiency Maine Trust, established in chapter 97.
[PL 2017, c. 83, §1 (NEW).]
4.  Rate-making treatment.
This section does not limit the commission's authority in any rate case or alternative rate-making proceeding to disallow, in whole or in part, any expense of a gas utility that the commission finds to be unjust, unreasonable, excessive or unwarranted. A gas utility may not recover from any person other than its shareholders or other owners any expenditures, contributions, expenses or costs incurred by that utility with respect to promotional allowances.
[PL 2017, c. 83, §1 (NEW).]
SECTION HISTORY
PL 2017, c. 83, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 47: GAS UTILITIES › 35-A §4707. Stranded costs; notice of risk

§4707. Stranded costs; notice of risk
Notwithstanding any other provision of this Title, costs arising from obligations incurred by a gas utility after March 1, 1998, other than costs or obligations that are beyond the control of the gas utility, determined by the commission in an adjudicatory proceeding to be unrecoverable as a result of competition or deregulation are incurred at the risk of the shareholders of the gas utility and may not be borne by ratepayers of the gas utility. This section may not be interpreted as requiring that costs incurred prior to March 1, 1998 be recovered from ratepayers.   [PL 1997, c. 707, §10 (NEW).]
SECTION HISTORY
PL 1997, c. 707, §10 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 47: GAS UTILITIES › 35-A §4708. Gas marketer registration

§4708. Gas marketer registration
1.  Registration required.
Unless registered with the commission under this section, a gas marketer may not contract or attempt to contract with any retail natural gas consumer in this State to provide natural gas supply service.
[PL 1999, c. 143, §3 (NEW).]
2.  Required information.
A gas marketer registering under this section shall provide:
A. The name, mailing address and phone number of the gas marketer; and   [PL 1999, c. 143, §3 (NEW).]
B. The name, mailing address and phone number of a contact person who is knowledgeable regarding the gas marketer's activities in the State.   [PL 1999, c. 143, §3 (NEW).]
A gas marketer registered under this section shall promptly provide the commission with any additional relevant information requested by the commission, including, but not limited to, copies of any residential contracts for retail natural gas supply service. The commission shall provide through the issuance of protective orders pursuant to section 1311 for appropriate confidentiality protection as necessary for any information provided under this section.
[PL 1999, c. 143, §3 (NEW).]
3.  Contracts void.
Any contract for retail natural gas supply service entered into after the effective date of this section by a gas marketer that is not registered with the commission under this section is deemed void.
[PL 1999, c. 143, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 143, §3 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 47: GAS UTILITIES › 35-A §4709. Natural gas unbundling

§4709. Natural gas unbundling
1.  Commission rulemaking.
In order to foster the unbundling of natural gas services and the development of a competitive natural gas supply market in the State, the commission shall consider the need for and may adopt rules in the following areas:
A. The need to license gas marketers;   [PL 1999, c. 143, §3 (NEW).]
B. The need for a code of conduct governing the relationship between a gas utility and an affiliated gas marketer to prevent the affiliated gas marketer's exercise of market power and to ensure fair competition among all gas marketers;   [PL 1999, c. 143, §3 (NEW).]
C. The need for regulations to protect consumers from abusive practices by gas marketers; and   [PL 1999, c. 143, §3 (NEW).]
D. Any other subject of natural gas unbundling that requires additional regulation.   [PL 1999, c. 143, §3 (NEW).]
[PL 1999, c. 143, §3 (NEW).]
2.  Major substantive rules.
Rules adopted under this section are major substantive rules pursuant to Title 5, chapter 375, subchapter II‑A.
[PL 1999, c. 143, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 143, §3 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 47: GAS UTILITIES › 35-A §4711. Conservation programs (REPEALED)

§4711. Conservation programs
(REPEALED)
SECTION HISTORY
PL 2005, c. 110, §1 (NEW). PL 2009, c. 122, §17 (AMD). PL 2009, c. 372, Pt. A, §8 (RP). PL 2009, c. 372, Pt. A, §10 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 4: GAS › Chapter 47: GAS UTILITIES › 35-A §4712. Gas emergency response

§4712. Gas emergency response
1.  Definitions.
As used in this section, unless the context otherwise indicates, "gas explosion event" means an explosion or fire that causes property damage or personal injury and that involves natural gas or liquefied petroleum gas controlled, transported or delivered by a gas utility or a natural gas pipeline utility subject to the jurisdiction of the commission.
[PL 2011, c. 27, §3 (NEW).]
2.  Response.
Following a gas explosion event, the commission shall immediately contact the State Fire Marshal:
A. To confirm that the State Fire Marshal is investigating the event and securing evidence in accordance with Title 25, section 2394, subsection 1 and to coordinate the commission's activities with the State Fire Marshal's investigation; or   [PL 2011, c. 27, §3 (NEW).]
B. To confirm that the event does not warrant investigation by the State Fire Marshal pursuant to the protocol established in accordance with Title 25, section 2394, subsection 1.   [PL 2011, c. 27, §3 (NEW).]
[PL 2011, c. 27, §3 (NEW).]
3.  Proceedings.
In any commission proceeding concerning a gas explosion event, the commission shall afford a person injured by the event or who suffered property damage in the event an opportunity to address the commission regarding the event.
[PL 2011, c. 27, §3 (NEW).]
4.  Compensation.
In determining pursuant to section 117 whether to apply any administrative penalties relating to the gas explosion event to benefit customers affected or potentially affected by the violation, and in determining the amount to apply, the commission shall consider documented property damages suffered by a person as a result of the event and may apply an amount to equitably compensate that person for losses not otherwise fully compensated.
[PL 2011, c. 27, §3 (NEW).]
SECTION HISTORY
PL 2011, c. 27, §3 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 5: WATERBORNE TRANSPORTATION › Chapter 51: REGULATION OF FERRIES IN CASCO BAY › 35-A §5101. Franchise of Casco Bay Island Transit District and others

§5101. Franchise of Casco Bay Island Transit District and others
No person, except for the Casco Bay Island Transit District, created by Private and Special Law 1981, chapter 22, may, directly, by lease or other arrangement transport passengers or property by vessel, for compensation, between the mainland of Cumberland County and Peaks Island, Great Diamond Island, Little Diamond Island, Long Island, Chebeague Island or Cliff Island, or between the islands mentioned in this section, without obtaining a certificate of public convenience and necessity from the commission authorizing the transportation. The district and any person who must obtain a certificate are ferries subject to the jurisdiction of the commission with respect to the service that requires authority. The commission shall specify in the certificate the business and operation of the ferry and shall attach to it at the time of issuance and from time to time after issuance reasonable terms, conditions and limitations as it determines necessary to maintain adequate transportation to these islands. The Casco Bay Island Transit District may assign or subcontract to another person any service for which it has a franchise. Regularly scheduled freight and passenger services are subject to the requirements of sections 5101‑A to 5101‑C. Unscheduled freight, tour, charter and taxi services are subject to the requirements of sections 5101‑D and 5101‑E.   [PL 1991, c. 774, §1 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 475, §2 (AMD). PL 1991, c. 774, §1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 5: WATERBORNE TRANSPORTATION › Chapter 51: REGULATION OF FERRIES IN CASCO BAY › 35-A §5101-A. Allowance of cross-subsidization; legislative intent

§5101-A. Allowance of cross-subsidization; legislative intent
1.  Legislative intent.
The Legislature finds that the provision of affordable year-round passenger, freight and vehicle transportation to the islands served by the Casco Bay Island Transit District is critical to the continued existence of these island communities. It is the intent of the Legislature that the regulation of rates for the district allow for reasonable cross-subsidization of rates in order to preserve the affordability of passenger, freight and vehicle transportation for the year-round residents of the affected islands, the financial viability of the district and the viability of the island communities served by the district.
[PL 1991, c. 774, §2 (NEW).]
2.  Cross-subsidization.
In making decisions that require an evaluation of the rates charged by the Casco Bay Island Transit District, the commission shall allow reasonable cross-subsidization of rates in order to preserve the affordability of passenger and freight services for the year-round residents of the affected islands, the financial viability of the district and the viability of the island communities served by the district. In allowing such cross-subsidization, the commission shall attempt to minimize the potential need for governmental operating subsidies for the operations maintained by the district.
[PL 1991, c. 774, §2 (NEW).]
3.  Competing scheduled service.
The commission may not grant an application for a certificate of public convenience and necessity in which the applicant seeks to offer a scheduled passenger, freight or vehicle transportation service currently offered by the Casco Bay Island Transit District if the principal difference in service proposed by the applicant is a proposed or potential reduced rate for that service, unless the applicant proves that the granting of that certificate will not have a significant adverse affect on the revenues of the district. This subsection does not apply to tour or charter service applications.
[PL 1991, c. 774, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 774, §2 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 5: WATERBORNE TRANSPORTATION › Chapter 51: REGULATION OF FERRIES IN CASCO BAY › 35-A §5101-B. Inadequacies or deficiencies in service of Casco Bay Island Transit District

§5101-B. Inadequacies or deficiencies in service of Casco Bay Island Transit District
1.  Seasonal scheduled service.
A certificate granted by the commission for seasonal scheduled passenger, freight or vehicle transportation services must be limited to the provision of scheduled services found by the commission to cure any inadequacies or deficiencies in existing scheduled services of the Casco Bay Island Transit District.
[PL 1991, c. 774, §2 (NEW).]
2.  Permanent certificates.
An applicant for a permanent certificate of public convenience and necessity for the provision of scheduled passenger, freight or vehicle transportation service who seeks such a certificate on the grounds that the service provided by the Casco Bay Island Transit District is inadequate or deficient has the burden of establishing the following.
A. The service of the district is inadequate or deficient in the areas in which the applicant proposes to provide service.   [PL 1991, c. 774, §2 (NEW).]
B. By written application to the board of directors of the district, the applicant has identified the inadequacies and deficiencies in the service of the district that the applicant wishes to provide.   [PL 1991, c. 774, §2 (NEW).]
C. The district has failed substantially to cure these inadequacies or deficiencies in its service within 60 days after receipt of the written application of the applicant that identifies the inadequacies or deficiencies.   [PL 1991, c. 774, §2 (NEW).]
[PL 1991, c. 774, §2 (NEW).]
3.  Insufficiency of lower rates to establish deficiency.
A scheduled service provided by the Casco Bay Island Transit District may not be found to be inadequate or deficient solely on the basis that a seasonal service is proposed by an applicant to be provided at a lower rate than the scheduled service offered by the district. This subsection does not apply to any application proposing to provide all scheduled passenger, freight and vehicle transportation services currently offered by the district.
[PL 1991, c. 774, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 774, §2 (NEW).