reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 7: REGULATION AND CONTROL OF PUBLIC UTILITIES › 35-A §710. Accidents investigated; reports

§710. Accidents investigated; reports
If an accident occurs upon the premises of a public utility or directly or indirectly arises from or is connected with its maintenance or operation, the following provisions apply.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Accidents resulting in loss of life.
If the accident results in the loss of human life, the public utility shall file a report of the accident in accordance with subsection 4 and the commission shall cause an investigation of the accident to be made immediately.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Accidents resulting in personal injury or property damage.
If the accident results in personal injury or damage to property, the public utility shall file a report of the accident in accordance with subsection 4 and the commission may investigate if in its judgment the public interest requires it.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Investigations.
Investigations shall be made in compliance with the following provisions:
A. An investigation shall be held in the locality of the accident unless, for the greater convenience of those concerned, the commission orders it to be held at some other place. An investigation may adjourn from place to place as may be necessary and convenient.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. The commission shall seasonably notify the public utility of the time and place of investigations.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
C. The public utility shall have an opportunity to be heard during the investigation.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
D. The commission may make such order or recommendation based on its investigation as in its judgment seems just and reasonable.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Filing accident reports.
Every public utility shall file reports of accidents described in subsections 1 and 2 with the commission. Accident reports must be filed in compliance with the commission's rules and in the manner and form designated by the commission. Accidents resulting in loss of human life must be reported immediately by telephone, facsimile machine or electronic media in a manner designated by the commission followed by a detailed written report.
[PL 1995, c. 225, §6 (AMD).]
5.  Reports not admitted as evidence in an action.
No order or recommendation of the commission or accident report filed with the commission may be admitted as evidence in any action for damages based on or arising out of the loss of life or injury to person or property referred to in this section.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1995, c. 225, §6 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 7: REGULATION AND CONTROL OF PUBLIC UTILITIES › 35-A §712. Competitive bids

§712. Competitive bids
Any contract in excess of $2,000 between a public utility and a contractor for the construction of facilities located on private property for the exclusive use of a private individual and for which the private individual is required to pay the total cost directly to the utility, shall be awarded by a system of competitive bidding. Unless there are valid reasons to the contrary, contracts shall be awarded to the lowest responsible bidder.   [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 1: PUBLIC UTILITIES COMMISSION › Chapter 7: REGULATION AND CONTROL OF PUBLIC UTILITIES › 35-A §713. Unregulated business ventures of utilities

§713. Unregulated business ventures of utilities
A utility may not charge its ratepayers for costs attributable to unregulated business ventures undertaken by the utility or an affiliated interest. The commission shall allocate, between a utility's shareholders and ratepayers, costs for facilities, services or intangibles, including good will or use of a brand name, that are shared between regulated and unregulated business activities. The commission shall also attempt to ensure that the utility or the affiliated interest does not have an unfair advantage in any competitive market as a result of its regulated status or its affiliation with a regulated utility.   [PL 1999, c. 158, §1 (AMD).]
Complaints by entities competing with a utility or an affiliated interest in an unregulated market, alleging that the utility or affiliated interest has an undue competitive advantage must be adjudicated by the commission. The commission shall render a decision on any complaint filed under this section within 9 months of the date of the filing. The commission may dismiss without hearing any complaint that it concludes is clearly intended to harass or delay, is frivolous or is clearly without merit.   [PL 1999, c. 158, §1 (AMD).]
A complaint filed under this section must specify, to the extent possible, the nature and extent of the alleged undue competitive advantage and the basis for the belief that an undue competitive advantage exists. The utility shall respond to the complaint within 10 days of receiving notice from the commission of the complaint. Within 10 days of receiving the utility's response, the commission shall determine whether the complaint is clearly intended to harass or delay, is frivolous or is clearly without merit.   [PL 1999, c. 158, §1 (AMD).]
For the purposes of this section, the term "affiliated interest" has the same meaning as in section 707, subsection 1, paragraph A. For the purposes of this section, "undue competitive advantage" means an advantage gained by a violation of the requirements established by the commission by rule pursuant to section 715.   [PL 1999, c. 158, §1 (AMD).]
SECTION HISTORY
PL 1997, c. 237, §2 (NEW). PL 1999, c. 158, §1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 7: REGULATION AND CONTROL OF PUBLIC UTILITIES › 35-A §714. Notice to commission

§714. Notice to commission
Within 30 days of the commencement of operations by a utility of any business activity not regulated by the commission, the utility shall notify the commission of the existence of those operations.   [PL 1997, c. 237, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 237, §2 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 7: REGULATION AND CONTROL OF PUBLIC UTILITIES › 35-A §715. Rulemaking

§715. Rulemaking
The commission shall adopt rules that prescribe the allocation of costs for facilities, services or intangibles that are shared between regulated and unregulated activities of a utility or an affiliated interest as defined in section 707, subsection 1, paragraph A. Rules adopted by the commission may not establish a presumption with regard to the value of good will used by an affiliated interest in those cases where the business venture of the affiliated interest is regulated by the commission. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A.   [PL 1999, c. 158, §2 (AMD).]
SECTION HISTORY
PL 1997, c. 237, §2 (NEW). PL 1999, c. 158, §2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 7: REGULATION AND CONTROL OF PUBLIC UTILITIES › 35-A §716. Complaints; record retention

§716. Complaints; record retention
A public utility shall keep a record of every customer complaint and retain that record for a period of 10 years from the date of final resolution of the complaint and shall make all records of customer complaints readily available to the commission for examination. The commission may adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2019, c. 26, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 26, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 7: REGULATION AND CONTROL OF PUBLIC UTILITIES › 35-A §717. Joint use entity liaisons

§717. Joint use entity liaisons
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Disaster" has the same meaning as in Title 37‑B, section 703, subsection 2.   [PL 2021, c. 154, §1 (NEW).]
B. "Facilities" has the same meaning as in section 2502, subsection 3.   [PL 2021, c. 154, §1 (NEW).]
C. "Joint use entity" has the same meaning as in section 711, subsection 7, paragraph B.   [PL 2021, c. 154, §1 (NEW).]
[PL 2021, c. 154, §1 (NEW).]
2.  Joint use entity; liaison designation.
A joint use entity shall designate, in each county where the joint use entity has facilities, a permanent liaison with the applicable county emergency management agency to be responsible for assisting the agency with the coordination of actions during a disaster or civil emergency and shall communicate to the agency the contact information for the liaison. A joint use entity is responsible for ensuring that a permanent liaison designated under this subsection responds immediately to any contact or request for assistance during a disaster or civil emergency from the county emergency management agency to which the liaison is designated.
[PL 2021, c. 154, §1 (NEW).]
3.  County emergency management agency; information sharing.
A county emergency management agency that receives a communication from a joint use entity designating a permanent liaison pursuant to subsection 2 shall communicate to that joint use entity the contact information for the employee or employees of the county emergency management agency responsible for coordinating the actions of the county emergency management agency during a disaster or civil emergency.
[PL 2021, c. 154, §1 (NEW).]
Revisor's Note: §717. Winter terminations (As enacted by PL 2021, c. 347, §1 is REALLOCATED TO TITLE 35-A, SECTION 718)
SECTION HISTORY
PL 2021, c. 154, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 7-A: OVERHEAD HIGH-VOLTAGE LINE SAFETY ACT › 35-A §751. Short title

§751. Short title
This Act may be known and cited as the "Overhead High-voltage Line Safety Act."   [PL 1995, c. 348, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 348, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 7-A: OVERHEAD HIGH-VOLTAGE LINE SAFETY ACT › 35-A §753. Duty and responsibility

§753. Duty and responsibility
It is the duty and responsibility of employers of persons and individuals who use any covered equipment or items, for the benefit of themselves or others, to acquaint themselves and their employees or agents using the equipment or items or engaged in the work operations or other activities with the provisions of this chapter and the rules prescribed and adopted pursuant to it.   [PL 1995, c. 348, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 348, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 7-A: OVERHEAD HIGH-VOLTAGE LINE SAFETY ACT › 35-A §754. Prohibited activities

§754. Prohibited activities
The following activities are prohibited until the requirements of sections 756 and 757 are met.   [PL 1995, c. 348, §1 (NEW).]
1.  Perform work.
A person may not individually or through an agent or as an agent or employee perform any work or activity on any land, building, highway or other premises that may cause:
A. A person to be placed within 10 feet of an overhead high-voltage line; or   [PL 1995, c. 348, §1 (NEW).]
B. A tool or material used by a person to be brought within 10 feet of an overhead high-voltage line.   [PL 1995, c. 348, §1 (NEW).]
[PL 1995, c. 348, §1 (NEW).]
2.  Erect; construct; operate; maintain; transport; store.
A person may not, individually or through an agent or employee or as an agent or employee, erect, construct, operate, maintain, transport or store any covered equipment or item within 10 feet of an overhead high-voltage line, except as allowed in this subsection. The clearance from an overhead high-voltage line may be less than 10 feet but not less than 4 feet for the following covered equipment or items in the following circumstances:
A. A sail boat on high water;   [PL 1995, c. 348, §1 (NEW).]
B. Covered equipment lawfully driven or transported on public streets and highways in compliance with the height restriction applicable to that street or highway; or   [PL 1995, c. 348, §1 (NEW).]
C. Refuse collection equipment wherever operated.   [PL 1995, c. 348, §1 (NEW).]
[PL 1995, c. 348, §1 (NEW).]
3.  Operate airplane or helicopter.
A person may not, individually or through an agent or employee or as an agent or employee, operate or cause to be operated an airplane or helicopter within 20 feet of an overhead high-voltage line, except that no clearance is specified for licensed aerial spray applicators that may incidentally pass within the 20-foot limitation during normal operation.
[PL 1995, c. 348, §1 (NEW).]
4.  Store.
A person may not, individually or through an agent or employee or as an agent or employee, store or cause to be stored, underneath or in proximity to an overhead high-voltage line, any materials that are expected to be moved or handled by covered equipment in a manner that could bring the materials or the covered equipment within 10 feet of an overhead high-voltage line.
[PL 1995, c. 348, §1 (NEW).]
5.  Provide additional clearance.
A person may not, individually or through an agent or employee or as an agent or employee, provide or cause to be provided additional clearance by:
A. Raising, moving or displacing an overhead utility line of any type or nature, including high-voltage, low-voltage, telephone, cable television, fire alarm or other line; or   [PL 1995, c. 348, §1 (NEW).]
B. Pulling or pushing a pole, guy or other structural appurtenance.   [PL 1995, c. 348, §1 (NEW).]
[PL 1995, c. 348, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 348, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 7-A: OVERHEAD HIGH-VOLTAGE LINE SAFETY ACT › 35-A §755. Clearance reduced

§755. Clearance reduced
If the overhead high-voltage line is covered with a mechanical barrier, in accordance with section 758, the required clearance under section 754, subsections 1 and 2 may be reduced to the designed working dimensions of the mechanical barrier. If the line is de-energized and grounded, in accordance with section 758, subsection 5, the required clearance under section 754, subsections 1 and 2 is reduced from 10 feet to 2 feet. Under no circumstances may the overhead high-voltage line or its covering be contacted. If the overhead high-voltage lines are temporarily raised or moved to accommodate the expected work or other activity, without also being insulated or de-energized and grounded, the required clearance under section 754, subsections 1 and 2 may not be reduced.   [PL 1995, c. 348, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 348, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 7-A: OVERHEAD HIGH-VOLTAGE LINE SAFETY ACT › 35-A §756. Warning signs

§756. Warning signs
A person may not, individually or through an agent or employee or as an agent or employee, operate covered equipment in the proximity of an overhead high-voltage line unless there are posted and maintained warning signs as follows:   [PL 1995, c. 348, §1 (NEW).]
1.  In covered equipment.
A sign must be located in the covered equipment and readily visible and legible to the operator of the covered equipment when at the controls of the covered equipment; and
[PL 1995, c. 348, §1 (NEW).]
2.  Outside covered equipment.
Signs must be located on the outside of covered equipment in numbers and locations that are readily visible and legible at a distance of 12 feet by people engaged in the work operations.
[PL 1995, c. 348, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 348, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 7-A: OVERHEAD HIGH-VOLTAGE LINE SAFETY ACT › 35-A §759. Enforcement

§759. Enforcement
The provisions of this chapter are considered safety and health standards of the State. A person who causes, permits or allows work or other activity in violation of the provisions of this chapter may be assessed a civil penalty not exceeding $1,700 for each day the violation continues.   [PL 2021, c. 318, §6 (AMD).]
Civil penalties may be recovered in a civil action in the name of the State brought in the Superior Court for the county where the violation is alleged to have occurred or where the violator resides or has its principal office. Interest accrues on the penalties at a rate of 1 1/2% per month except that the interest is suspended during the pendency of an appeal.   [PL 1995, c. 348, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 348, §1 (NEW). PL 2021, c. 318, §6 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 7-A: OVERHEAD HIGH-VOLTAGE LINE SAFETY ACT › 35-A §760. Liability

§760. Liability
A person is liable to the owner or operator of the overhead high-voltage line and 3rd parties, if any, for all or part of the damages to facilities and injuries to persons and all or part of the costs, expenses and liabilities incurred by the owner or operator of the overhead high-voltage lines and 3rd parties, if any, as a result of any contact with an overhead high-voltage line if the person causes, permits or allows any work or activity in violation of a provision of this chapter and, as a result, a physical or electrical contact with an overhead high-voltage line occurs. The allocation of damages must be based on the comparative negligence of the parties as set forth in Title 14, section 156, except that employers of injured persons are immune from payment of damages to the extent provided under the Maine Workers' Compensation Act of 1992.   [PL 2021, c. 618, §1 (AMD).]
SECTION HISTORY
PL 1995, c. 348, §1 (NEW). PL 2021, c. 618, §1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 8: COLLECTION FOR AUDIOTEXT SERVICE CHARGES (REPEALED) › 35-A §801. Definitions (REPEALED)

§801. Definitions
(REPEALED)
SECTION HISTORY
PL 1991, c. 524, §6 (NEW). PL 2011, c. 623, Pt. C, §4 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 8: COLLECTION FOR AUDIOTEXT SERVICE CHARGES (REPEALED) › 35-A §802. Disconnection prohibited (REPEALED)

§802. Disconnection prohibited
(REPEALED)
SECTION HISTORY
PL 1991, c. 524, §6 (NEW). PL 2011, c. 623, Pt. C, §4 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 8: COLLECTION FOR AUDIOTEXT SERVICE CHARGES (REPEALED) › 35-A §803. Blocking service (REPEALED)

§803. Blocking service
(REPEALED)
SECTION HISTORY
PL 1991, c. 524, §6 (NEW). PL 2009, c. 122, §12 (AMD). PL 2011, c. 623, Pt. C, §4 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 8: COLLECTION FOR AUDIOTEXT SERVICE CHARGES (REPEALED) › 35-A §804. Collection procedures (REPEALED)

§804. Collection procedures
(REPEALED)
SECTION HISTORY
PL 1991, c. 524, §6 (NEW). PL 2011, c. 623, Pt. C, §4 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 8: COLLECTION FOR AUDIOTEXT SERVICE CHARGES (REPEALED) › 35-A §805. Complaint procedures (REPEALED)

§805. Complaint procedures
(REPEALED)
SECTION HISTORY
PL 1991, c. 524, §6 (NEW). PL 2011, c. 623, Pt. C, §4 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 8: COLLECTION FOR AUDIOTEXT SERVICE CHARGES (REPEALED) › 35-A §806. Audiotext service standards (REPEALED)

§806. Audiotext service standards
(REPEALED)
SECTION HISTORY
PL 1991, c. 524, §6 (NEW). PL 2011, c. 623, Pt. C, §4 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 8: COLLECTION FOR AUDIOTEXT SERVICE CHARGES (REPEALED) › 35-A §807. Commission rules (REPEALED)

§807. Commission rules
(REPEALED)
SECTION HISTORY
PL 1991, c. 524, §6 (NEW). PL 2011, c. 623, Pt. C, §4 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 8: COLLECTION FOR AUDIOTEXT SERVICE CHARGES (REPEALED) › 35-A §808. Penalties (REPEALED)

§808. Penalties
(REPEALED)
SECTION HISTORY
PL 1991, c. 524, §6 (NEW). PL 2011, c. 623, Pt. C, §4 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 9: APPROVAL OF STOCKS, BONDS AND NOTES BY PUBLIC UTILITIES COMMISSION › 35-A §901. Issuance of stocks, bonds and notes

§901. Issuance of stocks, bonds and notes
Subject to the requirements of this chapter any public utility, organized and existing or incorporated under the laws of this State and doing business in the State, may issue stocks, bonds which may be secured by mortgages on its property, franchises or otherwise, notes or other evidences of indebtedness payable at periods of more than 12 months after the date of issuance, when necessary for:   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Acquisition of property.
The acquisition of property to be used for the purpose of carrying out its corporate powers;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Construction; facilities.
The construction, completion, extension or improvement of its facilities;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Improvement; service.
The improvement or maintenance of its service;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Refinancing.
The discharge or lawful refunding of its obligations, including capital stock;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
5.  Reimbursement.
Reimbursement of its treasury for money used for the acquisition of property, the construction, completion, extension or improvement of its facilities; for the discharge or lawful refunding of its obligations; and which actually were expended from income or from other money in the treasury of the corporation not secured by or obtained from the issue of stocks, bonds, notes or other evidences of indebtedness of the corporation; or
[PL 1987, c. 141, Pt. A, §6 (NEW).]
6.  Other purposes.
Any other lawful purpose.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
The requirements of this chapter do not apply to a consumer-owned water utility as defined in section 6101, subsection 1‑A.   [PL 2023, c. 325, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 2023, c. 325, §2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 9: APPROVAL OF STOCKS, BONDS AND NOTES BY PUBLIC UTILITIES COMMISSION › 35-A §902. Commission authorization required

§902. Commission authorization required
1.  Order authorizing issuance.
No public utility may make an issuance as described in section 901, except as provided in section 906, unless it has made a written application, setting forth information the commission may require and has secured from the commission an order authorizing the issue and the amount of the issue and stating that in the opinion of the commission the proceeds of the issuance of the stocks, bonds, notes or other evidences of indebtedness are required in good faith for purposes enumerated in section 901.
[RR 2009, c. 2, §99 (COR).]
2.  Matters which may be considered.
In determining whether to grant its authorization, the commission may consider the reasonableness of the purpose or purposes for which the proceeds of the issue will be applied, other resources which the utility has available or may have available for those purposes, the justness and reasonableness of the estimated cost to the utility of the issue and the effect of the issue upon the utility's capital structure. The commission's decision shall be in writing and shall contain findings setting forth the reasons for the decision.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Procedure upon application.
For the purpose of enabling the commission to determine whether it shall issue an order in accordance with subsection 1, the commission shall make such inquiries for investigation, hold such hearings and examine such witnesses, books, papers, documents or contracts as it determines important in enabling it to reach a determination. The commission may determine whether and in what manner notice of the application shall be given and whether a hearing should be held. In view of the public interest in the prompt resolution of questions affecting the issuance of securities by public utilities, in cases in which a hearing is held or the application is contested, the commission shall issue its final order within 60 days of the filing of the application or 30 days of the close of hearing on the application, whichever first occurs, unless the commission makes an affirmative determination that additional time is necessary for a proper resolution of issues concerning the application and, notwithstanding any other provisions of law, shall establish such accelerated notice periods, schedules and limitations on hearings as may be necessary in furtherance of the resolution of those issues.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Approval of issuance not to affect rate-making powers.
No order of the commission authorizing the issue of stocks, bonds, notes or other evidences of indebtedness may limit or restrict the powers of the commission in determining and fixing any rate, fare, toll, charge, classification, schedule or joint rate as provided in this Title.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2009, c. 2, §99 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 9: APPROVAL OF STOCKS, BONDS AND NOTES BY PUBLIC UTILITIES COMMISSION › 35-A §903. Stocks sold at less than par value

§903. Stocks sold at less than par value
Every order authorizing the issue of stock shall, if it authorizes sale at less than par value, specify a minimum price at which the shares are to be sold. Any shares of stock, issued in accordance with such an order, shall be fully paid stock and not liable to any further call or payment, even though it may have been authorized for sale at less than its par value.   [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 1: PUBLIC UTILITIES COMMISSION › Chapter 9: APPROVAL OF STOCKS, BONDS AND NOTES BY PUBLIC UTILITIES COMMISSION › 35-A §904. Approval of stocks authorized, but not issued

§904. Approval of stocks authorized, but not issued
The commission may at the request of any public utility approve the issue of any stocks, bonds, notes or other evidences of indebtedness authorized, but not issued.   [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 1: PUBLIC UTILITIES COMMISSION › Chapter 9: APPROVAL OF STOCKS, BONDS AND NOTES BY PUBLIC UTILITIES COMMISSION › 35-A §905. Validity of securities issued pursuant to order of commission

§905. Validity of securities issued pursuant to order of commission
Any stocks, bonds, notes or other evidences of indebtedness issued or sold pursuant to or in reliance on and in accordance with any order, authorization or decision of the commission pursuant to this chapter, and at least 5 business days after the date of the order, authorization or decision, shall be valid, binding and enforceable in accordance with their terms, including the terms of any agreement, instrument or document under or pursuant to which the stocks, bonds, notes or other evidences of indebtedness are issued, notwithstanding that the order, authorization or decision of the commission is later vacated, modified or otherwise held to be wholly or partly invalid, whether by the commission upon a petition for rehearing or reopening, or otherwise, or by a court, unless operation of the order, authorization or decision of the commission has been stayed or suspended by the commission or a court of competent jurisdiction prior to the issuance of the stocks, bonds, notes or other evidences of indebtedness.   [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 1: PUBLIC UTILITIES COMMISSION › Chapter 9: APPROVAL OF STOCKS, BONDS AND NOTES BY PUBLIC UTILITIES COMMISSION › 35-A §906. Commission authorization not required

§906. Commission authorization not required
1.  Property and service outside the State.
Except as provided in subsection 2 for transmission and distribution utilities, notwithstanding any other provision of this chapter, a public utility is not required to apply to the commission for authority to issue stocks, bonds, notes or other evidences of indebtedness for the acquisition of property, for the purposes of carrying out its corporate powers, the construction, completion, extension or improvement of its facilities, or the improvement or maintenance of its service, outside the State.
[PL 1999, c. 398, Pt. A, §20 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
2.  Exception: Transmission and distribution utilities.
Notwithstanding subsection 1, this chapter applies to any domestic transmission and distribution utility acquiring and operating utility facilities outside the State for the purpose of serving customers within the State.
[PL 1999, c. 398, Pt. A, §20 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
3.  Domestic electric utility.
[PL 1999, c. 398, Pt. A, §20 (RP); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1997, c. 710, §4 (AMD). PL 1999, c. 398, §A20 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 9: APPROVAL OF STOCKS, BONDS AND NOTES BY PUBLIC UTILITIES COMMISSION › 35-A §907. Municipal or quasi-municipal corporations

§907. Municipal or quasi-municipal corporations
Without in any way restricting the general language of this chapter, this chapter shall be construed to authorize any municipal or quasi-municipal corporation referred to in this Title to issue, upon vote of its trustees or similar governing board, bonds, notes or other evidences of indebtedness for the purposes specified and subject to the approval of the commission. Notwithstanding the provisions of any legislative charter, the trustees or similar governing board of any such corporation may issue notes or other evidences of indebtedness payable at periods of less than 12 months after the date of issuance when necessary to carry out the purposes of the corporation, without securing authorization from the commission pursuant to 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 1: PUBLIC UTILITIES COMMISSION › Chapter 9: APPROVAL OF STOCKS, BONDS AND NOTES BY PUBLIC UTILITIES COMMISSION › 35-A §908. Additional requirements as to issuance

§908. Additional requirements as to issuance
1.  Commission's order recorded on utility's books.
No public utility may issue any stocks, bonds, notes or other evidences of indebtedness, unless payable within one year from date of issuance, for money, property or services, in payment for them, either directly or indirectly, until the commission's authorizing order is recorded on the utility's books.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Commission consent for refund of indebtedness.
No indebtedness may in whole or in part, directly or indirectly, be refunded by any issue of stocks or bonds or by any other evidence of indebtedness, running for more than 12 months, without the consent of the commission.
[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 1: PUBLIC UTILITIES COMMISSION › Chapter 9: APPROVAL OF STOCKS, BONDS AND NOTES BY PUBLIC UTILITIES COMMISSION › 35-A §909. Stock for organization purposes

§909. Stock for organization purposes
Any public utility corporation at the time of its organization may issue for organization purposes, without the consent of the commission, not more than 6 shares of stock at par for cash or, if non-par stock, for the consideration of $100 per share, these shares when issued to be a part of the total capital issue.   [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 1: PUBLIC UTILITIES COMMISSION › Chapter 9: APPROVAL OF STOCKS, BONDS AND NOTES BY PUBLIC UTILITIES COMMISSION › 35-A §910. Consent required for change of capital or purposes

§910. Consent required for change of capital or purposes
1.  Change of capital.
No public utility may without the consent of the commission:
A. Decrease its capital;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Declare any stock, bond or scrip dividend; or   [PL 1987, c. 141, Pt. A, §6 (NEW).]
C. Divide the proceeds of the sale of its own or any stock, bonds or scrip among stockholders.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Change of purpose.
No change of purposes of a public utility, unless specifically chartered, becomes effective until:
A. Approved by the commission; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. A certificate of approval is filed with the Secretary of State within 20 days of the date it is approved.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[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 1: PUBLIC UTILITIES COMMISSION › Chapter 9: APPROVAL OF STOCKS, BONDS AND NOTES BY PUBLIC UTILITIES COMMISSION › 35-A §911. Approval of capital leases

§911. Approval of capital leases
No capital lease, entered into by a public utility for a term of more than 3 years, of property having a fair value the greater of $50,000 or 1% of the public utility's total long-term debt is valid without the written approval of the commission. The commission's procedure and standards governing approval shall be similar to those which apply to applications under sections 901 and 902.   [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 1: PUBLIC UTILITIES COMMISSION › Chapter 9: APPROVAL OF STOCKS, BONDS AND NOTES BY PUBLIC UTILITIES COMMISSION › 35-A §912. Exemption for certain telephone utilities

§912. Exemption for certain telephone utilities
The provisions of this chapter do not apply to any telephone utility other than a provider of provider of last resort service.   [PL 2011, c. 623, Pt. A, §15 (NEW).]
The commission may adopt by rule standards and procedures for granting exemptions to providers of provider of last resort service from all or specified portions of this chapter. Any exemption granted pursuant to the rule must be accompanied by a finding that the exemption is in the public interest. A utility granted an exemption pursuant to a rule adopted under this section remains subject to other applicable provisions of this Title and commission rules.   [PL 2011, c. 623, Pt. A, §15 (AMD).]
For good cause, as defined by the commission by rule, the commission may revoke any exemption granted pursuant to this section. A revocation may be in whole or in part and may be specific to a single provider of provider of last resort service.   [PL 2011, c. 623, Pt. A, §15 (AMD).]
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2011, c. 623, Pt. A, §15 (AMD).]
SECTION HISTORY
PL 1997, c. 276, §2 (NEW). PL 1997, c. 276, §4 (AFF). PL 2001, c. 137, §5 (AMD). PL 2011, c. 623, Pt. A, §15 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 11: AUTHORIZATION OF SALES, LEASES, AND MORTGAGES OF PROPERTY › 35-A §1101. Authorization required

§1101. Authorization required
1.  Utilities to secure authorization from the commission.
A public utility must secure an order of authorization from the commission before it may:
A. Sell, lease, assign, mortgage or otherwise dispose of or encumber the whole or part of its property that is necessary or useful in the performance of its duties to the public, or any part of its property under construction for the performance of its duties to the public, or its franchises, permits or rights under them;   [PL 1987, c. 490, Pt. B, §1 (AMD).]
B. Merge or consolidate its property, franchise or permits, or a part of them, with another public utility by any means, direct or indirect.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 490, Pt. B, §1 (AMD).]
2.  Failure to secure commission authorization.
Every sale, lease, assignment, mortgage, disposition, encumbrance, merger or consolidation made other than in accordance with the order of the commission authorizing it is void.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Utilities exclusively outside the State.
Nothing in this section applies to property, franchises, permits or rights of a utility owned and operated exclusively outside the State, unless the property, franchise, permits or rights are owned, operated or under construction with respect to the performance of the utility's duties to the public inside this State.
[PL 1987, c. 490, Pt. B, §2 (AMD).]
4.  Exempt transactions.
Transactions involving utility property that do not materially affect the ability of a utility to perform its duties to the public do not require commission authorization under this section. The commission may certify transactions as not requiring authorization, either by rule or order.
[PL 1995, c. 357, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §§B1,B2 (AMD). PL 1995, c. 357, §1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 11: AUTHORIZATION OF SALES, LEASES, AND MORTGAGES OF PROPERTY › 35-A §1102. Property not necessary or useful to a utility's duties

§1102. Property not necessary or useful to a utility's duties
Nothing in section 1101 prevents the sale, lease or other disposition by a public utility of property, which is not necessary or useful in the performance of its duties to the public. As to any purchaser of the property in good faith for value, the sale of property by a public utility shall be conclusively presumed to have been of property which is not necessary or useful in the performance of its duties to the public.   [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 1: PUBLIC UTILITIES COMMISSION › Chapter 11: AUTHORIZATION OF SALES, LEASES, AND MORTGAGES OF PROPERTY › 35-A §1103. Transfer of utility stock

§1103. Transfer of utility stock
The following provisions apply to the acquisition of utility stock by another utility:   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Commission authorization.
No public utility may purchase, acquire, take or hold any part of the capital stock of any other public utility organized or existing under the laws of this State without the commission's authorization.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Transfer of stock void.
Every assignment, transfer, contract or agreement for assignment or transfer of stock by or through a person or corporation or otherwise in violation of this section is void. No transfer that violates this section may be made on the books of a public utility.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Acquiring additional stock.
Nothing in this section may be construed to prevent the holding of stock lawfully acquired prior to the effective date of Public Law 1913, chapter 129, section 38, as approved March 27, 1913, or to prevent the acquiring of additional stock by a public utility which owned on that date a majority of the stock of such other utility.
[PL 1987, c. 769, Pt. A, §194 (RPR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §B3 (AMD). PL 1987, c. 769, §A194 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 11: AUTHORIZATION OF SALES, LEASES, AND MORTGAGES OF PROPERTY › 35-A §1104. Abandonment of property or service

§1104. Abandonment of property or service
1.  Commission approval.
No public utility may abandon all or part of its plant, property or system necessary or useful in the performance of its duties to the public, or discontinue the service which it is providing to the public by the use of such facilities, without first securing the commission's approval.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Terms and conditions.
In granting its approval, the commission may impose such terms, conditions or requirements as in its judgment are necessary to protect the public interest. A public utility abandoning all or part of its plant, property or system or discontinuing service pursuant to authority granted by the commission under this section is deemed to have waived all objections to the terms, conditions or requirements imposed by the commission in that regard.
[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 1: PUBLIC UTILITIES COMMISSION › Chapter 11: AUTHORIZATION OF SALES, LEASES, AND MORTGAGES OF PROPERTY › 35-A §1105. Exemption for certain telephone utilities (REPEALED)

§1105. Exemption for certain telephone utilities
(REPEALED)
SECTION HISTORY
PL 1997, c. 276, §3 (NEW). PL 1997, c. 276, §4 (AFF). PL 2001, c. 137, §6 (AMD). PL 2011, c. 623, Pt. C, §5 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 13: PROCEDURE › 35-A §1301. Substantial compliance

§1301. Substantial compliance
Substantial compliance by the commission with the requirements of this Title gives effect to all the commission's rules, orders and acts. The commission's rules, orders and acts may not be declared inoperative, illegal or void for an omission of a technical and immaterial nature.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2009, c. 2, §100 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 13: PROCEDURE › 35-A §1302. Complaints

§1302. Complaints
1.  Filing a complaint.
When a written complaint is made against a public utility by 10 persons aggrieved that the rates, tolls, charges, schedules or joint rate or rates of a public utility are in any respect unreasonable or unjustly discriminatory; that a regulation, measurement, practice or act of a public utility is in any respect unreasonable, insufficient or unjustly discriminatory; or that a service is inadequate or cannot be obtained, the commission, being satisfied that the petitioners are responsible, shall, with or without notice, investigate the complaint.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Processing of complaint.
The commission, immediately upon the filing of a complaint, shall notify in writing the public utility complained of that a complaint has been made and of the nature of the complaint. The utility shall file its response to the complaint within 10 days of the date the notice of complaint is issued. After receipt of the response, if the commission is satisfied that the utility has taken adequate steps to remove the cause of the complaint or that the complaint is without merit, the complaint may be dismissed. If the complaint is not dismissed, the commission shall promptly set a date for a public hearing. The commission may allow for all parties to attempt to resolve the complaint to their mutual satisfaction. If a mutually satisfactory resolution does not appear to be forthcoming, the hearing shall be held on the complaint pursuant to section 1304. The commission may not enter an order affecting the rates, tolls, charges, schedules, regulations, measurements, practices or acts complained of without an opportunity for public hearing. In the absence of an informal disposition pursuant to Title 5, section 9053, the commission shall render a decision upon the complaint no later than 9 months after its filing.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Complaint by utility or commission.
The commission may institute or any public utility may make complaint as to any matter affecting its own product, service or charges. The complaint shall be processed in accordance with subsection 2.
[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 1: PUBLIC UTILITIES COMMISSION › Chapter 13: PROCEDURE › 35-A §1303. Investigations

§1303. Investigations
1.  Summary investigations.
The commission may on its own motion, with or without notice, summarily investigate when it believes that:
A. A rate or charge is unjust or unreasonable;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. A service is inadequate or cannot be obtained; or   [PL 1987, c. 141, Pt. A, §6 (NEW).]
C. An investigation of any matter relating to a public utility should for any reason be made.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Formal investigation.
If after the summary investigation, the commission is satisfied that sufficient grounds exist to warrant a formal public hearing as to the matters investigated, it shall give the interested public utility written notice of the matter under investigation. Seven days after the commission has given notice, it may set a time and place for a public hearing. The hearing shall be held in accordance with section 1304.
[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 1: PUBLIC UTILITIES COMMISSION › Chapter 13: PROCEDURE › 35-A §1306. Decision

§1306. Decision
The following provisions apply to the commission's findings and decisions.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Unjust rates.
If after a formal public hearing the commission finds that the rates, tolls, charges, schedules or joint rates are unjust, unreasonable, insufficient or unjustly discriminatory or otherwise in violation of this Title, it may fix and order substituted just or reasonable rate or rates, tolls, charges or schedules. In determining the justness and reasonableness of the order, the commission shall assure rate design stability.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Unjust term, condition, practice, act or service.
If after a public hearing the commission finds that a term, condition, practice, act or service complained of is unjust, unreasonable, insufficient, unjustly discriminatory or otherwise in violation of this Title or if it finds that a service is inadequate or that reasonable service cannot be obtained, the commission may by order establish or change terms, conditions, measurement, practice, service or acts, as it finds to be just and reasonable. In determining the justness and reasonableness of the order, the commission shall assure rate design stability.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Conformity to decision.
Every public utility to which the order applies shall change its schedules on file to conform to the order.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Copies.
Copies of the commission's order shall be:
A. Certified by the administrative director; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Delivered to the public utility affected by it.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
5.  Effective date.
The order shall take effect:
A. After a copy is delivered to the public utility affected; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. When signed by the administrative director or within such other time as may be prescribed by the commission.   [PL 1987, c. 490, Pt. A, §3 (RPR).]
[PL 1987, c. 490, Pt. A, §3 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §A3 (AMD).