reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 1: ORGANIZATION, GENERAL POWERS AND DUTIES › 35-A §105. Appointment and term

§105. Appointment and term
1.  Appointment.
The Governor shall appoint 3 members to the Public Utilities Commission. The appointments shall be subject to review by the joint standing committee of the Legislature having jurisdiction over public utilities and to confirmation by the Legislature. Members of the commission shall devote full time to their duties.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Term.
The commissioners shall serve for terms of 6 years.
A. Each term shall end on March 31st of the 6th year of the term. The terms shall be staggered so that one ends in 1987 and every 6 years thereafter, one ends in 1989 and every 6 years thereafter, and one ends in 1991 and every 6 years thereafter.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. A commissioner may continue to serve beyond the end of this term until a successor is appointed and qualified.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
C. Any vacancy occurring in the commission shall be filled by appointment for the unexpired portion of the term.   [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 1: ORGANIZATION, GENERAL POWERS AND DUTIES › 35-A §106. Chair of the Public Utilities Commission

§106. Chair of the Public Utilities Commission
The following provisions apply to the chair of the Public Utilities Commission.   [RR 2021, c. 1, Pt. B, §394 (COR).]
1.  Appointment.
The Governor shall designate one member of the commission as chair.
[RR 2021, c. 1, Pt. B, §394 (COR).]
2.  General duties.
The chair shall:
A. Be the principal executive officer of the commission in carrying out its policies;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Preside at meetings of the commission; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
C. Be responsible for the expedient organization of the commission's work.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[RR 2021, c. 1, Pt. B, §394 (COR).]
3.  Hearings.
For any particular hearing or series of hearings before the commission, the chair may assign the chair or another commissioner to attend.
[RR 2021, c. 1, Pt. B, §394 (COR).]
4.  Acting chair.
When absent one working day or more, the chair shall name another commissioner to act as chair.
[RR 2021, c. 1, Pt. B, §394 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2021, c. 1, Pt. B, §394 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 1: ORGANIZATION, GENERAL POWERS AND DUTIES › 35-A §108. Commission action; quorum; notice (REPEALED)

§108. Commission action; quorum; notice
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 614, §1 (AMD). PL 1993, c. 36, §1 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 1: ORGANIZATION, GENERAL POWERS AND DUTIES › 35-A §108-A. Commission action; quorum; notice

§108-A. Commission action; quorum; notice
A majority of the duly appointed commissioners constitutes a quorum and the act or decision of a majority of commissioners present, if at least a quorum is present, is the act or decision of the commission in any formal proceeding before the commission.   [PL 1993, c. 36, §2 (NEW).]
Notwithstanding Title 1, section 406, the commission is required to give notice of public proceedings only if the commission will deal with the expenditure of public funds or if the commission will make any of the following decisions in proceedings before it: a decision to initiate rulemaking or to adopt or modify a rule pursuant to Title 5, chapter 375, subchapter II; a decision making an advisory ruling pursuant to Title 5, chapter 375, subchapter III; a decision to commence an adjudicatory proceeding, an interim decision in an adjudicatory proceeding that will affect the substantive or procedural rights of any party, or a final decision at the conclusion of an adjudicatory proceeding, all pursuant to Title 5, chapter 375, subchapter IV; or a decision in any other proceeding pursuant to this Title or the commission's rules that requires commission approval or decision. In addition, if the commission is participating as a party in a proceeding before a federal agency and the commission will adopt a position in that federal proceeding, the commission shall give to other parties from the State who are participating in the federal proceeding notice of the public proceeding at which the commission may adopt that position.   [PL 1993, c. 36, §2 (NEW).]
SECTION HISTORY
PL 1993, c. 36, §2 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 1: ORGANIZATION, GENERAL POWERS AND DUTIES › 35-A §109. Conflicts of interest

§109. Conflicts of interest
In addition to the limitations of Title 5, section 18, the following limitations apply to prevent conflicts of interest.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Public utilities.
A member or employee of the commission may not:
A. Have any official or professional connection or relation with any public utility or competitive electricity provider operating within this State;   [PL 2021, c. 659, §4 (AMD).]
B. Hold any stock or securities in any public utility or competitive electricity provider operating within this State;   [PL 2021, c. 659, §4 (AMD).]
C. Render a professional service against any such public utility or competitive electricity provider; or   [PL 2021, c. 659, §4 (AMD).]
D. Be a member of a firm that renders service against any such public utility or competitive electricity provider.   [PL 2021, c. 659, §4 (AMD).]
[PL 2021, c. 659, §4 (AMD).]
2.  Appointment to civil office.
No commissioner may hold any other civil office of profit or trust under the Federal Government or State Government except the office of notary public.
[RR 2009, c. 2, §97 (COR).]
3.  Political party.
No commissioner may serve on or under a committee of a political party.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A11 (AMD). PL 1999, c. 398, §§A104,105 (AFF). RR 2009, c. 2, §97 (COR). PL 2021, c. 659, §4 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 1: ORGANIZATION, GENERAL POWERS AND DUTIES › 35-A §110. Removal of commissioner

§110. Removal of commissioner
Any willful violation of this Title by a commissioner constitutes sufficient cause for the commissioner's removal by the Governor, on the address of both branches of the Legislature or by impeachment pursuant to the Constitution of Maine, Article IX, Section 5.   [RR 2021, c. 1, Pt. B, §395 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2021, c. 1, Pt. B, §395 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 1: ORGANIZATION, GENERAL POWERS AND DUTIES › 35-A §111. Rules; assistance

§111. Rules; assistance
The commission may adopt rules and may employ assistance to carry out its responsibilities under 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 1: PUBLIC UTILITIES COMMISSION › Chapter 1: ORGANIZATION, GENERAL POWERS AND DUTIES › 35-A §114. Utility personnel records

§114. Utility personnel records
1.  Confidential.
The following records of public utilities are confidential and, except as otherwise provided in subsection 3, are excluded from the books, accounts, papers, records, memoranda, documents and information otherwise available to the commission under this Title and may not be open to public inspection:
A. Materials prepared for and used specifically in the examination or evaluation of applicants for positions with a public utility, including working papers, research materials, records and examinations;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Records containing the following:
(1) Medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders;
(2) Performance evaluations and personal references;
(3) Information pertaining to the credit worthiness of a named employee;
(4) Information pertaining to the personal history, general character or conduct of members of an employee's immediate family; or
(5) Complaints, charges or accusations of misconduct, replies to those complaints, charges or accusations or any other information or materials that may result in disciplinary action; or   [PL 1987, c. 141, Pt. A, §6 (NEW).]
C. Other information to which access by the general public is prohibited by law.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Compliance.
Failure or refusal by any public utility or any officer, agent or attorney of any public utility to comply with any order, data request or subpoena calling for the production of those records other than an order issued pursuant to subsection 3, shall not serve as the basis for any civil or criminal fine, penalty or forfeiture.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  In camera inspection.
Upon request by the commission staff, the Public Advocate or intervenor in a matter before the commission or upon the commission's own motion and for good cause shown, the commission may order a public utility to produce for in camera inspection by the commission or hearing examiner the records designated confidential under subsection 1. The employee whose records are the subject of such a request shall be notified by the commission of the request and shall be given the opportunity to be heard before an order to produce is issued. If the commission or hearing examiner determines after in camera inspection that a record is reasonably relevant to the matter before it and that production of the record is not unjust or unlawful and that the materiality of the record outweighs any harm to the employee from its disclosure, the commission or hearing examiner may order that the record be made a part of the discovery or evident aspects of the proceedings, subject to the terms and conditions that are just, due consideration being given to the privacy interests of the employee involved.
[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 1: ORGANIZATION, GENERAL POWERS AND DUTIES › 35-A §115. Enforcement of state laws

§115. Enforcement of state laws
The following provisions apply to the enforcement of state laws.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Commission's duties.
The commission shall:
A. Inquire into any neglect or violation of state laws by a public utility doing business within the State;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Inquire into any neglect or violation of state laws by the officers, agents, employees or any person operating the plant of a public utility;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
C. Enforce this Title and all other laws relating to public utilities; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
D. Report all possible criminal violations of this Title and all other laws relating to public utilities to the Attorney General.   [PL 2003, c. 505, §9 (AMD).]
[PL 2003, c. 505, §9 (AMD).]
2.  Duties of the Attorney General and district attorneys.
Upon the request of the commission, the Attorney General or the district attorney of the proper county shall:
A. Aid in any investigation, hearing or trial conducted under this Title; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Institute and prosecute all proceedings for the enforcement of this Title and of all other state laws relating to public utilities and to the punishment of violations.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Administrative penalties.
Unless otherwise provided, the following provisions apply to administrative penalties.
A. A complaint for the enforcement of an administrative penalty may be made by the commission.   [PL 2003, c. 505, §10 (AMD).]
B. A suit to enforce any administrative penalty may be brought in the name of the State in the Superior Court in the county where the main office of the public utility is located or in Kennebec County.   [PL 2003, c. 505, §10 (AMD).]
C. An action commenced by the commission must be prosecuted by the Attorney General.   [PL 1999, c. 398, Pt. A, §12 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
[PL 2003, c. 505, §10 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A12 (AMD). PL 1999, c. 398, §§A104,105 (AFF). PL 2003, c. 505, §§9,10 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 1: ORGANIZATION, GENERAL POWERS AND DUTIES › 35-A §118. Participation with other regulatory bodies

§118. Participation with other regulatory bodies
The commission may participate with other state and federal public utility regulatory bodies, including the Federal Energy Regulatory Commission and the Federal Communications Commission, or their successors, in joint hearings and studies relating to mutually regulated utilities.   [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 1: ORGANIZATION, GENERAL POWERS AND DUTIES › 35-A §119. Five-year review

§119. Five-year review
Commencing with a review in 1985, the commission shall review the laws governing Public Utilities Commission operations and areas of jurisdiction every 5 years. Upon the review, the commission shall submit to the joint standing committee of the Legislature having jurisdiction over utilities legislation to remove any outdated provisions.   [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 1: ORGANIZATION, GENERAL POWERS AND DUTIES › 35-A §121. Model code (REPEALED)

§121. Model code
(REPEALED)
SECTION HISTORY
PL 2003, c. 645, §6 (NEW). PL 2005, c. 350, §15 (AMD). PL 2007, c. 699, §19 (AMD). PL 2009, c. 261, Pt. A, §15 (AMD). MRSA T. 35-A §121, sub-§3 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 1: ORGANIZATION, GENERAL POWERS AND DUTIES › 35-A §122. Energy infrastructure corridors (REPEALED)

§122. Energy infrastructure corridors
(REPEALED)
SECTION HISTORY
PL 2007, c. 656, Pt. A, §3 (NEW). PL 2009, c. 655, Pt. A, §2 (AMD). PL 2011, c. 652, §13 (AMD). PL 2011, c. 652, §14 (AFF). PL 2011, c. 655, Pt. MM, §§14-16 (AMD). PL 2011, c. 655, Pt. MM, §26 (AFF). PL 2011, c. 682, §38 (REV). PL 2013, c. 360, §§1-5 (AMD). PL 2013, c. 369, Pt. A, §1 (AMD). MRSA T. 35-A §122, sub-10 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 3: RATES OF PUBLIC UTILITIES › 35-A §302-A. Rules governing political activities, promotional advertising, charitable contributions, educational expenditures and institutional advertising

§302-A. Rules governing political activities, promotional advertising, charitable contributions, educational expenditures and institutional advertising
The commission shall adopt rules necessary to implement section 302, including, but not limited to, rules concerning promotional advertising; promotional allowances, including, but not limited to, the granting of promotional rebates or credits; advertising to promote corporate image or goodwill; contributions to public charities as defined in Title 5, section 194, subsection 1; educational expenditures; or political activities, including major political activities, by a public utility or an affiliated interest as defined in section 707, subsection 1, paragraph A. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2023, c. 286, §2 (AMD).]
SECTION HISTORY
PL 2005, c. 204, §1 (NEW). PL 2023, c. 286, §2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 3: RATES OF PUBLIC UTILITIES › 35-A §303. Valuation of property for fixing rates

§303. Valuation of property for fixing rates
In determining just and reasonable rates, tolls and charges, the commission shall fix a reasonable value upon all the property of a public utility and upon an electric plant to the extent paid for by the utility on the premises of any of its customers that is used or required to be used in its service to the public within the State and a fair return on that property. In fixing a reasonable value, the commission shall give due consideration to evidence of the cost of the property when first devoted to public use and the prudent acquisition cost to the utility, less depreciation on each, and any other material and relevant factors or evidence, but the other factors may not include current value. In making a valuation, the commission may consult reports, records or other information available to it in the office of any state office or board.   [PL 2017, c. 73, §1 (AMD).]
This section does not apply to a price cap ILEC as defined in section 7102, subsection 6‑A.   [PL 2017, c. 73, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 613, §2 (AMD). PL 2017, c. 73, §1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 3: RATES OF PUBLIC UTILITIES › 35-A §304. Filing of schedules of rates, terms and conditions

§304. Filing of schedules of rates, terms and conditions
Every public utility shall file with the commission, within a time to be fixed by the commission, schedules which shall be open to public inspection. The schedules shall show all rates, tolls and charges which the utility has established and which are in force at the time for any service performed by it within the State, or for any service in connection with or performed by any public utility controlled or operated by it or in conjunction with it. Every public utility shall file with and as part of its schedules all terms and conditions that in any manner affect the rates charged or to be charged for any service.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
Public utility schedules which were formerly designated as rules shall be designated as terms and conditions. All such schedules to be filed with the commission shall be designated as terms and conditions.   [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 3: RATES OF PUBLIC UTILITIES › 35-A §305. Public inspection of schedules

§305. Public inspection of schedules
A copy of as much of the schedules as the commission determines necessary for the use of the public shall be printed in plain type and kept on file in every office of the public utility which is open to the public and where payments are made by the consumers, under such rules as the commission may prescribe.   [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 3: RATES OF PUBLIC UTILITIES › 35-A §306. Schedule of joint rates

§306. Schedule of joint rates
A schedule of joint rates or charges that is or may be in force between 2 or more public utilities shall be printed and filed with the commission and made open to the public in accordance with the provisions of 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 3: RATES OF PUBLIC UTILITIES › 35-A §307-A. Exemption for certain telephone utilities (REPEALED)

§307-A. Exemption for certain telephone utilities
(REPEALED)
SECTION HISTORY
PL 1997, c. 276, §1 (NEW). PL 1997, c. 276, §4 (AFF). PL 2001, c. 137, §3 (AMD). PL 2011, c. 623, Pt. C, §1 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 3: RATES OF PUBLIC UTILITIES › 35-A §308. Filing of new schedules

§308. Filing of new schedules
Copies of all new schedules shall be filed in every office of a public utility where payments are made by customers 30 days prior to the time they are to take effect, unless the commission prescribes less time as provided in section 307.   [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 3: RATES OF PUBLIC UTILITIES › 35-A §309. Adherence to rate schedules; change in form of schedules

§309. Adherence to rate schedules; change in form of schedules
1.  Adherence to schedules.
Except as otherwise provided in section 703, it is unlawful for any public utility to charge, demand, collect or receive, for any service performed by it within the State or for any service in connection with that performance, a greater or lesser compensation than is specified in such printed schedules as may at the time be in force, or to demand, collect or receive any rate, toll or charge not specified in the schedules. The rates, tolls and charges named in the schedule are the lawful rates, tolls and charges until they are changed as provided in this Title.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Exception.
Notwithstanding subsection 1, when a public utility changes its rates, tolls or charges pursuant to any provision of this Title, the commission may for billing purposes, order that the change be applied to some or all service reflected in meter readings on or after the effective date of the change, or to such other period as it determines just and reasonable.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Form of schedules.
The commission may prescribe such changes in the form in which the schedules are issued by any public utility as the commission finds to be expedient.
[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 3: RATES OF PUBLIC UTILITIES › 35-A §310. Investigation of proposed changes in rates of public utilities

§310. Investigation of proposed changes in rates of public utilities
1.  Investigation of proposed rate changes.
When the commission receives notice of any change proposed to be made in a schedule of rates filed with the commission under the provisions of law, it may at any time before the effective date of the change, either upon complaint or upon its own motion and after reasonable notice, hold a public hearing and make investigation as to the propriety of the proposed change. The hearing shall be held in accordance with section 1304. At any such hearing involving any change, the burden of proof to show that the change is just and reasonable is upon the public utility. After a hearing and investigation, the commission may make an order with reference to any new rate, joint rate, rental, toll, classification, charge, term, condition or form of contract or agreement proposed as would be proper in a proceeding initiated upon complaint or upon motion of the commission in any rate investigation. In implementing the order, the commission shall assure rate design stability.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Suspension pending investigation.
[PL 2023, c. 168, §3 (RP).]
3.  Exception: Municipal and quasi-municipal water utilities and consumer-owned transmission and distribution utilities.
This section and section 307, subsection 3 does not apply to:
A. Municipal or quasi-municipal corporations that are water utilities within the definition of section 102, any provisions in any charter notwithstanding, and that elect to proceed pursuant to the terms of section 6104 or 6104‑A, unless by the express terms of section 6104 or 6104‑A the provisions of this section are made applicable to those corporations;   [PL 2009, c. 237, §1 (AMD).]
A-1. Municipal or quasi-municipal corporations that are water utilities within the definition of section 102, any provisions in any charter notwithstanding, and that file a change in a schedule pursuant to section 307 that changes rates, tolls or charges for service other than the provision of water, only if the cumulative revenue impact of all such changes that become effective within any consecutive 12-month period does not exceed 1% of the utility's total annual revenue; or   [PL 2007, c. 127, §1 (NEW).]
B. Consumer-owned transmission and distribution utilities organized in accordance with chapter 35, unless by the express terms of chapter 35 the provisions of this section are made applicable to those districts.   [PL 1999, c. 398, Pt. A, §14 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
[PL 2023, c. 168, §4 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A14 (AMD). PL 1999, c. 398, §§A104,105 (AFF). PL 2007, c. 127, §1 (AMD). PL 2009, c. 237, §1 (AMD). PL 2023, c. 168, §§2-4 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 3: RATES OF PUBLIC UTILITIES › 35-A §311. Comprehensive classification of service

§311. Comprehensive classification of service
The commission shall provide for a comprehensive classification of service for each public utility. The classification may take into account the quantity used, the time when used, the purpose for which used and any other reasonable consideration. Each public utility shall conform its schedules of rates, tolls and charges to the classification.   [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 3: RATES OF PUBLIC UTILITIES › 35-A §312. Temporary rates during rate proceeding

§312. Temporary rates during rate proceeding
During any proceeding initiated by a public utility by a filing pursuant to section 307 or 1302, the commission may temporarily approve any undisputed amounts of a requested rate increase or rate decrease. If the parties are unable to agree on an undisputed amount, any party, at any time after the cross-examination of the utility's direct case has been conducted and all parties have filed their direct cases, may request the commission to require the parties to provide a written statement of those issues that are being contested and an estimated dollar value of the extent of the disagreement between the utility and the other party on that issue. The commission, after examining the statements of issues presented, may determine an amount which is undisputed. The commission may include in the undisputed amount the amount put in question by any party other than the utility, if the commission determines that that party has no possibility of ultimately prevailing on that issue. The amounts temporarily approved shall be filed by the utility as a temporary schedule which shall be effective from the date of approval of the temporary schedule until the issuance of the final order in section 307 proceeding.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
The utility shall notify each customer of the rate increase allowed under this section. The notice shall be mailed with the first bill mailed to each customer after the date of approval and shall state the following:   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Amount of increase.
The amount of increase allowed under this section;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Statement.
The fact that that rate increase allowed under this section was undisputed or that although disputed it was approved by the commission, subject to partial or full refund if the commission in its final order approves an amount less than the increase allowed by the temporary rate schedule;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Amount of remaining disputed portion.
The amount of the remaining disputed portion of the requested rate increase; and
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Disputed portion will be decided.
If available, an estimate of the date when the disputed portion will be decided.
[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 3: RATES OF PUBLIC UTILITIES › 35-A §313. Submetering permitted in campgrounds

§313. Submetering permitted in campgrounds
A campground owner or operator may submeter electric service to campground sites within the campground in accordance with this section, as long as electric service is not provided to any particular submeter user for a period greater than 6 consecutive months.   [PL 1995, c. 129, §1 (NEW).]
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Campground" means a recreational camping park where fees are charged for the recreational use of the park and that can accommodate 10 or more temporary living quarters, including but not limited to tents, recreational vehicles, trailers, vans, pickup campers and motor homes.   [PL 1995, c. 129, §1 (NEW).]
B. "Submeter user" means any person using a campground site on which a campground owner or operator has installed a submeter.   [PL 1995, c. 129, §1 (NEW).]
[PL 1995, c. 129, §1 (NEW).]
2.  Charges.
A campground owner or operator may charge a submeter user only for kilowatt hours used by that submeter user. The charge that a campground owner or operator may charge a submeter user for electric service may not exceed the kilowatt usage of the submeter user multiplied by the combined rate per kilowatt hour that the campground owner or operator is charged by the transmission and distribution utility and competitive electricity provider.
[PL 1999, c. 398, Pt. A, §15 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
3.  Nontaxable event.
The collection of charges under this section for submetered electric service is not a sale for the purposes of taxation.
[PL 1995, c. 129, §1 (NEW).]
4.  Interpretation; not resale.
A submeter user is not a customer of the transmission and distribution utility or competitive electricity provider providing service to the master-metered campground owner or operator. For purposes of this Title, a submeter user is not a customer of the campground owner or operator. Nothing in this section permits the resale of electricity by a campground owner or operator.
[PL 1999, c. 398, Pt. A, §15 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
SECTION HISTORY
PL 1995, c. 129, §1 (NEW). PL 1999, c. 398, §A15 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 3: RATES OF PUBLIC UTILITIES › 35-A §313-A. Submetering by electric vehicle charging station providers

§313-A. Submetering by electric vehicle charging station providers
An electric vehicle charging station provider, as defined in section 3201, subsection 8‑B, may install an electrical submeter and may charge a submeter user only for kilowatt hours used.   [PL 2015, c. 29, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 29, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 5: ACCOUNTING › 35-A §501. Uniform system of accounts

§501. Uniform system of accounts
Every public utility shall keep and render to the commission in the manner and form prescribed by the commission, uniform accounts of all business transacted.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Other systems prohibited.
Nothing in this Title requires any public utility engaged in interstate commerce to act contrary to the requirements of any federal law relating to public utilities engaged in interstate commerce.
[PL 1987, c. 490, Pt. A, §1 (RPR).]
2.  Formulation of systems.
In formulating a system of accounting for any class of public utilities, the commission shall consider any system of accounting established by any federal law, commission or department and any system authorized by the national association of the particular class of utilities.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §A1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 5: ACCOUNTING › 35-A §502. Forms

§502. Forms
1.  Forms of books and records.
The commission shall prescribe the forms of all books, accounts, papers and records required to be kept. Every public utility shall keep and render its books, accounts, papers and records accurately and faithfully in the manner and form prescribed by the commission and shall comply with all directions of the commission relating to its books, accounts, papers and records.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Utilities with no property in the State.
The requirements of this section do not apply to a public utility having no property located within this State.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Blank forms furnished.
The commission shall prepare suitable blank forms for carrying out the purposes of this Title and shall, when necessary, furnish them to each public 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 1: PUBLIC UTILITIES COMMISSION › Chapter 5: ACCOUNTING › 35-A §503. Account of subsidiary business

§503. Account of subsidiary business
Every public utility engaged directly or indirectly in any other subsidiary business shall, if ordered by the commission, keep and render separately to the commission the accounts of the subsidiary business in the manner and form set out in section 501, in which case all the provisions of this Title shall apply to the books, accounts, papers and records of the subsidiary business.   [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 5: ACCOUNTING › 35-A §504. Time for closing accounts; filing balance sheets

§504. Time for closing accounts; filing balance sheets
The following provisions apply to the accounts of public utilities.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Time for closing accounts.
The accounts of all public utilities shall be closed annually on the 31st day of December unless the commission fixes a different date.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Filing of information.
A balance sheet as of the date the account is closed must be promptly taken from the account. Within 3 months after the account is closed, the balance sheet together with any other information the commission requires must be verified by an officer or owner of the public utility and filed with the commission. Each large, investor-owned transmission and distribution utility, as defined in section 3201, subsection 12, shall provide with the balance sheet and other information a calculation of the utility's return on common equity for the same period in the manner the commission requires, and shall provide a calculation of the utility's return on common equity for each of the previous 3 years. For purposes of this subsection, "return on common equity" means the return on common equity on investments subject to commission jurisdiction.
[PL 2011, c. 71, §1 (AMD).]
3.  Extension.
The commission may, for good cause, extend the deadline set out in subsection 2 not exceeding one month and may excuse any public utility from filing its returns when the gross revenue of the utility does not exceed $50,000.
[PL 1987, c. 631, §6 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 631, §6 (AMD). PL 2011, c. 71, §1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 5: ACCOUNTING › 35-A §505. Audit of accounts

§505. Audit of accounts
The commission shall provide for the examination and audit of all accounts and all items must be allocated to the accounts in the manner prescribed by the commission.   [PL 2011, c. 77, §1 (AMD).]
1.  Consumer-owned water utilities.
Except as provided in this subsection, the commission may not require under this section that a qualified small water utility cause to be conducted an annual audit of its accounts. For purposes of this subsection, "qualified small water utility" means a consumer-owned water utility with gross annual revenues of less than $500,000.
A. A qualified small water utility with gross annual revenues of $100,000 or less shall for any year used as a test year for rate-making purposes cause to be conducted, in accordance with generally accepted auditing standards, an audit of its accounts by an independent certified public accountant licensed to practice in the State.   [PL 2023, c. 325, §1 (AMD).]
B. A qualified small water utility with gross annual revenues greater than $100,000:
(1) Shall cause to be conducted, in accordance with generally accepted auditing standards, an annual review of its accounts by an independent certified public accountant licensed to practice in the State; and
(2) Not less than once every 5 years and for any year used as a test year for rate-making purposes, shall cause to be conducted, in accordance with generally accepted auditing standards, an audit of its accounts by an independent certified public accountant licensed to practice in the State.   [PL 2023, c. 325, §1 (AMD).]
Nothing in this subsection limits or affects any other reporting, review, auditing or other requirement imposed by a creditor of the qualified small water utility or by any other applicable law or government authority. The commission, for good cause shown by the qualified small water utility, may waive the requirements of this subsection.
[PL 2023, c. 325, §1 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 2011, c. 77, §1 (AMD). PL 2019, c. 586, §1 (AMD). PL 2023, c. 325, §1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 5: ACCOUNTING › 35-A §506. Inspection of books and records

§506. Inspection of books and records
The agents, accountants or examiners employed by the commission shall have authority inside or outside the State under the direction of the commission to inspect and examine the books, accounts, papers, records and memoranda kept by any public 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 1: PUBLIC UTILITIES COMMISSION › Chapter 5: ACCOUNTING › 35-A §507. Exemption for certain telephone utilities (REPEALED)

§507. Exemption for certain telephone utilities
(REPEALED)
SECTION HISTORY
PL 2001, c. 137, §4 (NEW). PL 2011, c. 623, Pt. C, §2 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 5: ACCOUNTING › 35-A §508. Telephone utilities

§508. Telephone utilities
The provisions of this chapter do not apply to a telephone utility other than a provider of provider of last resort service with respect to its provider of last resort service accounts. The commission may not require a provider of provider of last resort service to keep its accounts in a manner that is substantially different from federal accounting standards applicable to telecommunications companies under 47 Code of Federal Regulations, Part 32 or any replacement accounting standards adopted by the Federal Communications Commission.   [PL 2011, c. 623, Pt. A, §10 (NEW).]
SECTION HISTORY
PL 2011, c. 623, Pt. A, §10 (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 §701. Special privileges forbidden

§701. Special privileges forbidden
1.  Person furnishing facilities incident to service.
No public utility may demand, charge, collect or receive from any person less compensation for any service rendered or to be rendered by the public utility in consideration of the person furnishing a part of the facilities incident to the service.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Renting facilities.
This section does not prohibit a public utility from renting any facilities incident to the production, transmission, delivery or furnishing of transmission and distribution service, gas, heat or water or the conveyance of telephone messages and paying a reasonable rental for the facilities.
[PL 1999, c. 398, Pt. A, §16 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
3.  Furnishing appliances.
Nothing in this section requires a public utility to furnish any part of the appliances which are situated in or upon the premises of any customer or user, except a telephone interface upon the subscribers' premises, and unless otherwise ordered by the commission, meters and appliances for the measurement of any product or service.
[PL 1987, c. 490, Pt. C, §3 (AMD).]
4.  Classifications of telephone service.
Nothing in this section affects scheduled classifications of telephone service in which separate charges are made for facilities and for service or scheduled classifications of rural telephone service in which a portion of the facilities are regularly furnished by the user of the service.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §C3 (AMD). PL 1995, c. 225, §5 (AMD). PL 1999, c. 398, §A16 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 7: REGULATION AND CONTROL OF PUBLIC UTILITIES › 35-A §702. Unjust discrimination

§702. Unjust discrimination
1.  Unjust discrimination.
It is unlawful for a public utility to give any undue or unreasonable preference, advantage, prejudice or disadvantage to a particular person.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Solar energy.
No public utility providing electric or gas service may consider the use of solar energy by a customer as a basis for establishing higher rates or charges for energy or service sold to the customer.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Service and facilities.
Every public utility providing transmission and distribution or gas service, upon reasonable notice, shall furnish to all persons who may apply for facilities and service, suitable facilities and service consistent with policies approved or established by the commission, without undue delay and without unreasonable discrimination.
[PL 1999, c. 398, Pt. A, §17 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A17 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 1: PUBLIC UTILITIES COMMISSION › Chapter 7: REGULATION AND CONTROL OF PUBLIC UTILITIES › 35-A §703. Rebates; discounts and discrimination

§703. Rebates; discounts and discrimination
1.  Free or special rates prohibited.
No person may knowingly solicit, accept or receive any rebate, discount or discrimination in respect to any service rendered, or to be rendered by a public utility, or for any related service where the service is rendered free or at a rate less than named in the schedules in force, or where a service or advantage is received other than is specified.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Free and special rates allowed under certain circumstances.
This Title does not prohibit:
A. A public utility from granting service at free or reduced rates for charitable or benevolent purposes or for national or civilian defense purposes;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. A public utility from supplying water and service free or at reduced or special rates to any person, firm or corporation for fire protection purposes through or by means of any apparatus or appliances furnished, installed or maintained by the person, firm or corporation, provided it is approved by the commission; or   [PL 1987, c. 141, Pt. A, §6 (NEW).]
C. A public utility from making special rates for its employees or in case of emergency service.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Existing contracts.
The furnishing by a public utility of a product or service at the rates and upon terms and conditions provided for in a contract in existence January 1, 1913, may not be construed as constituting a discrimination or undue or unreasonable preference or advantage within the meaning specified. When any such contract or contracts are or become terminable by notice of a utility, the commission may order that the contract or contracts be terminated by the utility as and when directed by the order.
[PL 1995, c. 254, §2 (AMD).]
3-A.  Special contracts.
A public utility, subject to the commission's approval, may make a contract for a definite term for its product or service, but the published rates for the product or service may not be changed during the term of the contract without the commission's consent.
[PL 2011, c. 623, Pt. C, §3 (AMD).]
4.  Forfeiture.
[PL 2003, c. 505, §14 (RP).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §A2 (AMD). PL 1995, c. 254, §§2,3 (AMD). PL 2003, c. 505, §14 (AMD). PL 2009, c. 66, §1 (AMD). PL 2011, c. 623, Pt. C, §3 (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 §705. Utility deposits

§705. Utility deposits
The following provisions apply to deposits of utility customers:   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Residential customers.
No public utility may require any deposit of any residential customer without proof that the customer is likely to be a credit risk or to damage the property of the utility. That proof shall be furnished to the customer upon request. Absence of previous experience with the utility shall not be proof that the customer is a credit risk or threatens to damage utility property.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Nonresidential customers.
Every public utility shall file with the commission schedules containing its terms and conditions for requiring a deposit from nonresidential customers, which terms and conditions shall be subject to the commission's power under this Title. Every public utility shall comply with its terms and conditions. The commission shall adopt rules which provide a procedure for resolution by the commission or its delegate of disputes as to whether a deposit being required by a public utility is in compliance with its terms and conditions. If the rules authorize a delegate to resolve disputes, the rules shall include a procedure for appeal of the decision to the commission.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Interest rate on deposits.
The commission shall adopt reasonable rules, after hearing, to provide for a just and reasonable interest rate to be paid by the utility on any deposit of any customer.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).