reglab/statecodes huggingface dataset:
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 293 - ABANDONMENT OF SERVICE AND AUTHORITY TO PROVIDE SERVICES AND TRANSFER OF CUSTOMERS BY COMPETITIVE TELECOMMUNCATIONS CARRIERS › Section 407-293-15 - DUTIES OF ADMINISTRATIVE DIRECTOR; DELEGATION OF AUTHORITY

Current through 2024-29, July 17, 2024
A.
Upon Filing of Notice by
				Carrier
. Upon receipt of a notice filed pursuant to Sections
				4,
				5,
				6 or
				7, the Administrative Director shall
				determine whether any of the factual circumstances contained in the exceptions
				in those sections apply to the competitive telecommunications carrier that is
				stating that it will no longer provide service. If the Administrative Director
				determines that those circumstances do exist, the abandonment of service and
				termination of authority shall not be effective until granted by the
				Commission. The Administrative Director shall notify the carrier within 7 days
				following receipt of the carrier's notice that the abandonment of service and
				(if applicable) the termination of authority are not effective and can only be
				granted by the Commission. The Administrative Director shall promptly notify
				the Commission or the presiding officer assigned to the case of the action
				taken. The authority of the Administrative Director to make the determination
				described in this subsection constitutes a delegation of the Commission's power
				pursuant to
				 35-A M.R.S.A.
				§107(4).
B.
Following Abandonment
. On the
				effective date of an abandonment of all service pursuant to Sections
				4 or
				6, the Administrative Director shall
				cause the records of the Commission, including the docket or dockets in which
				the competitive telecommunications carrier obtained authority to provide
				service, to indicate that the carrier no longer has authority to provide
				service and shall remove the carrier's name from any lists of authorized
				carriers that the Commission maintains.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 293 - ABANDONMENT OF SERVICE AND AUTHORITY TO PROVIDE SERVICES AND TRANSFER OF CUSTOMERS BY COMPETITIVE TELECOMMUNCATIONS CARRIERS › Section 407-293-16 - WAIVER OR EXEMPTION

Current through 2024-29, July 17, 2024
Upon the request of any person subject to this Chapter or
				  upon its own motion, the Commission may, for good cause, waive any requirement
				  of this Chapter that is not required by statute. The waiver may not be
				  inconsistent with the purposes of this Chapter or Title 35-A. The Commission,
				  the Administrative Director, or the presiding officer assigned to a proceeding
				  related to this Chapter may grant the waiver.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 294 - LIFELINE › Section 407-294-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Commission
. "Commission"
				means the Maine Public Utilities Commission.
B.
Eligible Telecommunications
				Carrier
. An "eligible telecommunications carrier or "ETC" is one
				designated as such by the Commission or the FCC pursuant to the carrier's
				meeting the criteria outlined in
				47
				U.S.C. §
										214(e)(1).
C.
FCC
. "FCC" means the Federal
				Communications Commission.
D.
Lifeline Service
. "Lifeline service" is a non-transferable retail
				service offering provided directly to qualifying low-income customers as
				defined in
				47 C.F.R. §
										54.401 and as may be subsequently
				amended.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 294 - LIFELINE › Section 407-294-2 - ELIGIBILITY

Current through 2024-29, July 17, 2024
State lifeline support eligibility shall be the same as the
				  eligibility for federal Lifeline support pursuant to federal rules. Any
				  low-income customer currently receiving Lifeline based solely on eligibility
				  under a state program may, within 90 days of the effective date of this Rule,
				  provide proof of eligibility under a qualifying federal
				  program.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 294 - LIFELINE › Section 407-294-3 - DISCOUNTS

Current through 2024-29, July 17, 2024
Federal Lifeline support amounts per qualifying low-income
				  customer shall be provided according to federal rules. In addition to any
				  federal support, an ETC offering Lifeline service shall reduce by $3.50 the
				  monthly charges paid by qualifying low-income customers who receive Lifeline
				  service.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 294 - LIFELINE › Section 407-294-5 - WAIVERS

Current through 2024-29, July 17, 2024
Upon the request of any person subject to the provisions of
				  this Chapter or upon its own motion, the Commission may waive any of the
				  requirements of this Chapter that are not required by statute. Where good cause
				  exists, the Commission, the Director of Consumer Assistance and Safety, or the
				  presiding officer assigned to a proceeding related to this Chapter may grant
				  the requested waiver, provided that the granting of the waiver is not
				  inconsistent with the purposes of this Chapter or Title 35-A.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 296 - SELECTION OF PRIMARY INTEREXCHANGE AND LOCAL EXCHANGE CARRIERS › Section 407-296-2 - Soliciting, Imposing, and Lifting Preferred Carrier Freezes

Current through 2024-29, July 17, 2024
A.
Preferred Carrier Freezes on
				Customer Request
Telecommunications carriers that offer preferred carrier
				  freezes shall offer freezes on a non-discriminatory basis to all customers,
				  regardless of the customer's carrier selections, upon request by a
				  customer.
B.
Freezes for Individual Telecommunication Services
A telecommunications carrier that offers freezes for more
				  than one type of service (i.e. local exchange, intrastate toll, interstate
				  toll, and international toll) must provide and obtain separate authorization
				  for each type of freeze separately; telecommunications carriers may not bundle
				  freezes for multiple services. Telecommunications carriers offering preferred
				  carrier freezes must inform customers of this requirement when customers make
				  inquiries regarding preferred carrier freezes.
C.
Solicitation of Preferred
				Carrier Freezes
All carrier-provided solicitation and other materials
				  regarding preferred carrier freezes must include:
1. An explanation, in clear and neutral
				language, of what a preferred carrier freeze is and what services may be
				subject to a freeze;
2. A
				description of the specific procedures necessary to lift a preferred carrier
				freeze;
3. An explanation that the
				customer will be unable to make a carrier change unless he or she lifts the
				freeze; and
4. An explanation of
				any charges associated with the preferred carrier freeze.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 296 - SELECTION OF PRIMARY INTEREXCHANGE AND LOCAL EXCHANGE CARRIERS › Section 407-296-3 - Changing a Preferred Carrier Selection

Current through 2024-29, July 17, 2024
A.
Authorization for Change
A submitting carrier may not submit a change in a customer's
				  preferred telecommunications carrier without authorization from the customer
				  pursuant to section
				  3(B) of this
				  Chapter.
B.
Verification for Carrier-Initiated Preferred Carrier
				Changes
A submitting carrier may not submit a change in a customer's
				  preferred carrier selection unless the change is verified with a letter of
				  agency, electronic authorization, third party verification, or any other
				  verification method adopted by the FCC after the effective date of this
				  rule.
1.
Letter of Agency
				(LOA)
. If the submitting carrier obtains the customer's written
				authorization in the form of an LOA, the LOA must conform to this section.
a.
Form
. The LOA
				shall:
i. be a separate or easily separable
				document containing only the authorizing language consistent with this section,
				whose sole purpose is to authorize a preferred carrier change, and shall not
				include any advertising or promotional material, or inducements of any kind.
				The LOA must be signed and dated by the subscriber to the telephone line(s)
				that are the subject of the carrier change request;
ii. notwithstanding paragraph (i) of this
				section, the letter of agency may be combined a check that contains only the
				required letter of agency language described in this section and the necessary
				information to make the check a negotiable instrument. The letter of agency
				check shall not contain any promotional language or material. The letter of
				agency check shall contain, in easily readable bold-faced type on the front of
				the check, a notice that the consumer is authorizing a preferred carrier change
				by signing the check. The letter of agency language also shall be placed near
				the signature line on the back of the check.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 296 - SELECTION OF PRIMARY INTEREXCHANGE AND LOCAL EXCHANGE CARRIERS › Section 407-296-4 - Liability and Reimbursement Procedures for Failure to Execute an Authorized Change

Current through 2024-29, July 17, 2024
An executing carrier that is providing the telecommunications
				  service (either directly or through an affiliate) that is the subject of an
				  authorized change who fails to properly execute that authorized change
				  (non-executing carrier), shall be liable as provided below.
A.
Carrier Liability
In addition to other penalties provided by law,the
				  non-executing carriershall be liable to the customer's authorized carrier
				  (i.e., the carrier to whom the customer would have been switched had the
				  authorized change been executed) for charges the authorized carrier would have
				  assessed had the change been executed, as well as for any reasonable billing
				  and collection expenses.
1. If a
				customer has already paid charges to the non-executing carrier, the
				non-executing carrier must:
a. remit all
				moneys collected from the customer to the authorized carrier;
b. execute the authorized change request;
				and
c. provide the authorized
				carrier with all billing information necessary to determine what the customer
				would have paid the authorized carrier had the authorized change been
				executed.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 296 - SELECTION OF PRIMARY INTEREXCHANGE AND LOCAL EXCHANGE CARRIERS › Section 407-296-6 - Consistency with Federal Communications Commission Rule

Current through 2024-29, July 17, 2024
In the event that the Federal Communications Commission
				  promulgates a rule that is inconsistent with any provision of this rule, the
				  Maine Public Utilities Commission will review the FCC's rule and initiate a
				  rulemaking to amend this rule if necessary. In the event that the FCC waives
				  the liability portion of its rules for carriers that agree to participate in an
				  industry-funded independent dispute resolution process, sections
				  4 and
				  5 of this Chapter will not apply to
				  those carriers.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 296 - SELECTION OF PRIMARY INTEREXCHANGE AND LOCAL EXCHANGE CARRIERS › Section 407-296-7 - Penalty

Current through 2024-29, July 17, 2024
The Commission may impose an administrative penalty against
				  any person, corporation, or entity that violates this rule, applicable statute,
				  or order adopted pursuant to this rule.
A.
Method for Imposing
				Penalty
The Director of the Consumer Assistance Division will collect
				  the necessary data and make a recommendation to the Commission regarding the
				  severity of the violation, whether a penalty should or should not be assessed,
				  and the amount of any penalty. In determining whether or not a penalty should
				  be assessed, the intent of the violator may be considered. The Commission may
				  impose the penalty only after giving the alleged violator the opportunity to
				  respond to the Director of the CAD's recommendation.
B.
Amount of Penalty
The penalty for a violation may be in an amount not to exceed
				  $5,000.00 for each day the violation continues, up to a maximum of $40,000.00
				  for a first offense and a maximum of $110,000.00 for subsequent offenses. The
				  amount of the penalty must be based on:
1. the severity of the violation, including
				the intent of the violator, the nature, circumstances, extent and gravity of
				any prohibited acts;
2. the history
				of previous violations; and
3. the
				amount necessary to deter future violations.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 296 - SELECTION OF PRIMARY INTEREXCHANGE AND LOCAL EXCHANGE CARRIERS › Section 407-296-8 - WAIVER OR EXEMPTION

Current through 2024-29, July 17, 2024
Upon request of any person subject to the provisions of this
				  Chapter or upon its own motion, the Commission may, for good cause, waive any
				  or all requirements of this Chapter that are not required by statute. The
				  waiver may not be inconsistent with the purpose of this Chapter or Title 35-A.
				  The Commission, the Director of Technical Analysis, the Director of Consumer
				  Assistance, or the Presiding Officer assigned to a proceeding related to this
				  Chapter may grant the waiver.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 297 - ANTI-CRAMMING RULE: REGISTRATION REQUIREMENTS, COMPLAINT PROCEDURES AND PENALTY PROVISIONS FOR SERVICE PROVIDERS AND BILLING AGGREGATORS › Section 407-297-1 - General Provisions and Definitions

Current through 2024-29, July 17, 2024
A. Scope of
				Rule.
This Chapter applies to telephone utilities, as defined in
				   35-A M.R.S.A.
				  §102, that bill customers for services
				  in Maine. This Chapter also applies to service providers and billing
				  aggregators who bill for goods or services using a charge on customers' local
				  telephone bills in Maine.
B. Definitions.
1. Billing agent. A "billing agent" is a
				telephone utility that includes in a bill it sends to a customer a charge for a
				product or service offered by a service provider.
2. Billing Aggregator. A "billing aggregator"
				is any person, other than a service provider, who forwards the charge for a
				product or service offered by a service provider to a billing agent.
3. CAD Director. The "CAD Director" is the
				Director of the Consumer Assistance Division, the Assistant Director of the
				Consumer Assistance Division, or the Commission's designee.
4. Customer. A "customer" is any person who
				has agreed to receive, been accepted and is receiving telecommunication service
				or has agreed to be billed for the same, including that person's spouse or
				legal guardian. For businesses, "customer" also includes a person designated as
				the contact person for telecommunications services or by any other person with
				actual or apparent authority to purchase goods or services on behalf of the
				organization.
5. Letter of Agency
				(LOA). A "letter of agency" is a document containing a customer's signature
				that authorizes a service provider to bill a customer for a good or service
				that will appear as a charge on the customer's telephone bill.
6. Service Provider. A "service provider" is
				any person, other than the billing agent, who offers a product or service to a
				customer, the charge for which appears on the bill of a billing
				agent.
7. Unauthorized Charge. An
				"unauthorized charge" is the charge for a service or product by a service
				provider for which the provider has not obtained sufficient evidence of
				customer authorization and for which a charge appears on the customer's
				telephone bill. For the purposes of this rule, a charge for a collect call will
				be deemed to be authorized by the person receiving the call. For direct-dialed
				calls where the call itself represents the service for which a charge is placed
				on a customer's local telephone bill, e.g. "900 number" services and "dial
				around" services, evidence that the call was placed from the number that is
				subject to the phone bill shall be considered sufficient evidence of
				authorization for that call.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 297 - ANTI-CRAMMING RULE: REGISTRATION REQUIREMENTS, COMPLAINT PROCEDURES AND PENALTY PROVISIONS FOR SERVICE PROVIDERS AND BILLING AGGREGATORS › Section 407-297-2 - CHARGES FOR GOODS AND SERVICES APPEARING ON A CUSTOMER'S TELEPHONE BILL

Current through 2024-29, July 17, 2024
A. Customer Authorization. No service
				provider shall bill a customer for goods or services that will appear as a
				charge on the customer's local telephone bill without first obtaining the
				customer's express authorization.
B. Authorization Methods. Any service
				provider billing a customer for goods or services other than those described in
				Section
				2(C) that will appear
				on the customer's local telephone bill must verify the customer's authorization
				pursuant to one of the following procedures:
1. Letter of Agency (LOA). If the service
				provider obtains the customer's written authorization in the form of an LOA,
				the LOA must conform to this section.
a.
				Form. The LOA shall:
i. Be a separate or
				easily separable document containing the authorizing language consistent with
				this section, whose sole purpose is to authorize a bill for goods or services
				to appear as a charge on the customer's local telephone bill, and shall not
				include any advertising or promotional material, or inducements of any kind.
				The LOA must be signed and dated by the customer, as defined in Section
				1(B), to the
				telephone line(s) that are the subject of the bills;
ii. Notwithstanding paragraph (i) of this
				section, the letter of agency may be combined with a check that contains only
				the required letter of agency language described in this section and the
				necessary information to make the check a negotiable instrument. The letter of
				agency check shall not contain any promotional language or material. The letter
				of agency check shall contain, in easily readable bold-faced type on the front
				of the check, a notice that the consumer is authorizing to be billed for goods
				or services that will appear as a charge on the customer' s local telephone
				bill by signing the check. The letter of agency language also shall be placed
				near the signature line on the back of the check.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 297 - ANTI-CRAMMING RULE: REGISTRATION REQUIREMENTS, COMPLAINT PROCEDURES AND PENALTY PROVISIONS FOR SERVICE PROVIDERS AND BILLING AGGREGATORS › Section 407-297-3 - REGISTRATION REQUIREMENTS AND OBLIGATIONS OF SERVICE PROVIDERS, BILLING AGGREGATORS, AND BILLING AGENTS

Current through 2024-29, July 17, 2024
A. Obligations of
				Service Providers. A service provider may not offer a product or service to a
				customer, the charge for which appears on the bill of a billing agent, nor
				forward such a charge to a billing agent,unless the service provider is
				registered with the Commission pursuant to this section.
B. Obligations of Billing Aggregators. A
				billing aggregator may not forward to a billing agent charges for a service or
				product offered by a service provider unless:
1. The billing aggregator is registered with
				the Commission pursuant to this section; and
2. The service provider is properly
				registered pursuant to this section.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 297 - ANTI-CRAMMING RULE: REGISTRATION REQUIREMENTS, COMPLAINT PROCEDURES AND PENALTY PROVISIONS FOR SERVICE PROVIDERS AND BILLING AGGREGATORS › Section 407-297-4 - REGISTRATION PROCEDURES FOR SERVICE PROVIDERS AND BILLING AGGREGATORS

Current through 2024-29, July 17, 2024
A. Registration Procedure.
1. Form. Billing aggregators and service
				providers must register on a form provided by the Commission that is notarized
				and signed by two officers of the applicant. A copy of the application form is
				attached to the rule and is available from the Commission's Administrative
				Director or on the Commission's Internet website.
2. Number of Copies; Service. Each applicant
				must file an original application, two paper copies and a copy in an electronic
				format specified by the Commission. A copy of the completed application with
				supporting documentation must be served on the Office of the Public
				Advocate.
3. Change in Application
				Information. The applicant shall inform the Commission of any change in the
				information provided in the application during the pendency of the
				application.
4. Notice of
				Application. The Commission will place notification of approved applications on
				its Internet website within two business days of the registration becoming
				effective.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 297 - ANTI-CRAMMING RULE: REGISTRATION REQUIREMENTS, COMPLAINT PROCEDURES AND PENALTY PROVISIONS FOR SERVICE PROVIDERS AND BILLING AGGREGATORS › Section 407-297-5 - COMPLAINT PROCEDURES

Current through 2024-29, July 17, 2024
A. Procedures to be
				Followed by Billing Agents Upon Customer Notice of Complaint.
1. Suspension of Collection Efforts. If a
				customer of a billing agent notifies the billing agent that an unauthorized
				charge has been included in the customer's telephone bill, the billing agent
				shall:
a. Immediately suspend collection
				efforts on that portion of the customer's bill; and
b. Either cease collection efforts entirely
				with regard to the disputed charge or request evidence from the service
				provider that the customer authorized the service for which payment is
				sought.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 297 - ANTI-CRAMMING RULE: REGISTRATION REQUIREMENTS, COMPLAINT PROCEDURES AND PENALTY PROVISIONS FOR SERVICE PROVIDERS AND BILLING AGGREGATORS › Section 407-297-6 - PENALTY

Current through 2024-29, July 17, 2024
The Commission may impose an administrative penalty against
				  any person, corporation, or entity that violates this rule, applicable statute,
				  or order adopted pursuant to this rule. Before imposing such a penalty, the
				  Commission must provide the offending party the opportunity to be heard
				  regarding the imposition and amount of the penalty.
A. Violations Subject to Penalty. The
				Commission, in an adjudicatory proceeding, may impose an administrative penalty
				upon the following entities for the following violations:
1. A service provider who forwards charges
				for an unauthorized service;
a. A service
				provider or billing aggregator who is required to be registered under section
				3 and who is not properly registered
				pursuant to that section;
b. A
				billing agent who bills on behalf of a service provider who is required to be
				registered under section
				3 and who is not properly registered
				pursuant to that section at the time the billing agent's bill is generated;
				and
c. A billing agent that fails
				to comply with any of the requirements of section
				5 regarding complaint
				procedures.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 297 - ANTI-CRAMMING RULE: REGISTRATION REQUIREMENTS, COMPLAINT PROCEDURES AND PENALTY PROVISIONS FOR SERVICE PROVIDERS AND BILLING AGGREGATORS › Section 407-297-7 - WAIVER OR EXEMPTION

Current through 2024-29, July 17, 2024
Upon request of any persons subject to the provisions of this
				  Chapter or upon its own motion, the Commission may for good cause, waive any or
				  all requirements of this Chapter that are not required by statute. The waiver
				  may not be inconsistent with the purpose of this Chapter or Title 35-A. The
				  Commission, the Director of Technical Analysis, the Director of Consumer
				  Assistance, or the Presiding Officer assigned to a proceeding related to this
				  Chapter may grant the waiver.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 301 - STANDARD OFFER SERVICE › Section 407-301-4 - credit and collection; customer complaints; uncollectible accounts

Current through 2024-29, July 17, 2024
A.
Residential Utility Service
				Regulations for Credit and Collection, Disconnection and Deposits
Chapter 815 of the Commission's rules shall apply to
				  residential standard offer service customers. For the purpose of this section,
				  residential customers shall be customers taking residential utility service as
				  defined by Chapter 815 of the Commission's rules. Pursuant to the standard
				  offer contract established under section
				  5(D) of this rule,
				  the transmission and distribution utility shall undertake all necessary actions
				  under the provisions of Chapter 815 on behalf of standard offer
				  providers.
B.
Nonresidential Utility Service Regulations for Credit and Collection,
				Disconnection and Deposits
Chapter 815 of the Commission's rules shall apply to
				  nonresidential standard offer service customers. For the purpose of this
				  section, nonresidential customers are all customers that are not taking
				  residential utility service as by Chapter 815 of the Commission's rules. The
				  transmission and distribution utility shall undertake all necessary actions
				  under the provisions of Chapter 815.
C.
Late Payment Charges, Interest Rates
				to be Paid on Customer Deposits, and Charges for Returned Checks
Chapter 870 of the Commission's rules shall apply to standard
				  offer service customers. The transmission and distribution utility shall
				  undertake all necessary actions under the provisions of Chapter 870.
D.
Allocation of
				Uncollectible Accounts to Standard Offer Providers
Each standard offer provider shall be allocated a share of
				  the uncollectible accounts in the standard offer class or classes the provider
				  serves. The allocated amount of each standard offer provider shall be
				  determined by a pre-established percentage applied to the product of the
				  standard offer provider's price multiplied by the provider's share of sales in
				  that standard offer class. The pre-established percentages shall be set forth
				  in the standard offer contract between the transmission and distribution
				  utility and standard offer providers, and shall reflect the average
				  uncollectible accounts of customers in the standard offer class during a
				  representative historic period. The Commission will allow for the recovery of
				  reasonable costs incurred by a transmission and distribution utility associated
				  with standard offer uncollectible accounts.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 301 - STANDARD OFFER SERVICE › Section 407-301-6 - Information Provided by Transmission and Distribution Utilities to Potential Bidders

Current through 2024-29, July 17, 2024
A.
Required
				Information
Each transmission and distribution utility shall provide to
				  potential standard offer bidders the following information on a date specified
				  by the Commission. The Commission may direct that the information be provided
				  through either the Commission's or the utilities' website :
1. monthly demand and energy consumption
				data, as defined by the Commission, for each standard offer class and
				transmission and distribution utility customer class.
2. number of customers in each standard offer
				class and core customer class and the number of customers taking standard offer
				service within each customer class.
3. representative load shapes for each
				profile group as defined in Chapter 321 by month.
4. other information as determined by the
				Commission to be necessary or useful to standard offer bidders.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 301 - STANDARD OFFER SERVICE › Section 407-301-7 - Standard Offer Bid Requirements and Conditions; Contents of Bid

Current through 2024-29, July 17, 2024
A.
General Requirements
1.
Duration of Standard Offer
				Obligation
The Commission shall specify the durations for standard offer
				  bids in the request for standard offer bids.
2.
Form of Pricing
Standard offer bids must specify prices or a set of prices
				  for the entire standard offer period. At the direction of the Commission in the
				  request for standard offer bids, prices may be defined by a formula or
				  reference to market or economic indices.
3.
Limitation on Bids by Affiliates of
				Large Transmission and Distribution Utilities
Standard offer bids made byan affiliate of a large
				  investor-owned transmission and distribution utility shall not exceed 20% of
				  any standard offer class within the service territory of the affiliated large
				  investor-owned transmission and distribution utility.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 301 - STANDARD OFFER SERVICE › Section 407-301-8 - Bidding Procedure and Selection

Current through 2024-29, July 17, 2024
A.
Bidding
				Procedure
1.
Process
The Commission shall establish the process and procedures to
				  solicit and evaluate bids to provide standard offer service. The process and
				  procedures shall be designed to maximize participation from qualified bidders.
				  The Commission may establish a process whereby the non-price portions of
				  proposals are evaluated for conformance prior to the submission of bid
				  prices.
2.
Request
				for Bids
The Commission shall develop and issue a request for standard
				  offer bids for each applicable transmission and distribution utility service
				  territory. The request for standard offer bids shall specify the standard offer
				  bid process and procedures and shall include a copy of the standard form
				  contract between transmission and distribution utilities and standard offer
				  service providers approved pursuant to section
				  5(D). The request
				  shall prominently state the deadline for the submission of bids.
3.
Provision of Information
				Required by Section
				6
Transmission and distribution utilities shall provide the
				  information required under section
				  6 of this rule as determined by the
				  Commission. All information shall be made available to each interested standard
				  offer bidder at the same time.
4.
Time Frames
The Commission shall establish reasonable timeframes for the
				  issuance of the requests for standard offer bids, the submission of bids, and
				  the evaluation and selection of the winning bidders.
5.
Duration of Proposals
The Commission shall establish the allowed durations for
				  standard offer service proposals in the request for standard offer bids. The
				  Commission may allow bidders to submit proposals for differing
				  durations.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 301 - STANDARD OFFER SERVICE › Section 407-301-9 - Failure of Standard Offer Provider to Provide Service

Current through 2024-29, July 17, 2024
A.
Default; Replacement Service
In the event a standard offer provider fails to provide
				  service as required, the Commission will act as quickly as practicable to
				  secure alternative service. The Commission may take any one of the following
				  actions:
1. inquire whether other
				standard offer providers in the service territory are willing and able to
				provide service at the defaulting providers prices.
2. inquire whether other standard offer
				providers in the State are willing and able to provide service at the
				defaulting providers prices.
3.
				conduct and complete a new bid process as soon as possible.
4. issue an order directing the transmission
				and distribution utility to provide standard offer service through purchases
				from the regional wholesale bulk power markets, contracts with wholesale
				suppliers or other appropriate arrangements, as specified by the Commission,
				until the selection of a new standard offer provider is made through a new bid
				process.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 301 - STANDARD OFFER SERVICE › Section 407-301-11 - Waiver or Exemption

Current through 2024-29, July 17, 2024
Upon the request of any person subject to the provisions of
				  this Chapter or upon its own motion, the Commission may waive any of the
				  requirements of this Chapter that are not required by statute. Where good cause
				  exists, the Commission, the Director of Technical Analysis, or the Hearing
				  Examiner assigned to a proceeding related to this rule may grant the requested
				  waiver, provided that the granting of the waiver would not be inconsistent with
				  the purposes of this Chapter or Chapter 32 of Title 35-A.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 302 - CONSUMER EDUCATION PROGRAM; ELECTRIC INDUSTRY RESTRUCTURING › Section 407-302-1 - PURPOSE OF RULE

Current through 2024-29, July 17, 2024
This rule implements a consumer education program to educate
				  the public about implementation of retail access and its impact on
				  consumers.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 302 - CONSUMER EDUCATION PROGRAM; ELECTRIC INDUSTRY RESTRUCTURING › Section 407-302-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. Consumer Education Program. Consumer
				education program means the program, undertaken, sponsored or expressly
				authorized by the Commission, to educate consumers about the implementation of
				electric industry retail access and its impact on consumers.
B. Competitive Generation Provider.
				Competitive generation provider means a marketer, broker, aggregator or any
				other entity selling electricity to the public at retail.
C. Retail Access. Retail access means the
				right of a retail consumer of electricity to purchase generation services from
				a competitive generation provider.
D. Utility-Sponsored Education Activity.
				Utility-sponsored educational activity means an activity that is not part of
				the consumer education program and that is initiated and sponsored by an
				electric or transmission and distribution utility to educate consumers about
				retail access.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 302 - CONSUMER EDUCATION PROGRAM; ELECTRIC INDUSTRY RESTRUCTURING › Section 407-302-3 - PROGRAM SCOPE

Current through 2024-29, July 17, 2024
A. Program Goals.
				The goals of the consumer education program are to:
1. increase consumer awareness of retail
				access and related issues;
2.
				facilitate informed consumer decision-making about choices resulting from
				retail access; and
3. provide to
				consumers an objective and credible source of information relating to retail
				access.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 302 - CONSUMER EDUCATION PROGRAM; ELECTRIC INDUSTRY RESTRUCTURING › Section 407-302-4 - FUNDING

Current through 2024-29, July 17, 2024
A. Level. The consumer education program
				shall be funded up to $1,600,000.
B. Source. To fund the design and
				implementation of the consumer education program, electric or transmission and
				distribution utilities shall pay a special assessment based on a proportion of
				those utilities' gross revenues from regulated services. This assessment is a
				just and reasonable operating cost for ratemaking purposes and shall be
				recoverable from ratepayers. Utilities may defer amounts paid under this
				section with carrying costs until an appropriate ratemaking proceeding. These
				amounts may be recovered from ratepayers notwithstanding any provision of a
				utility rate cap plan.
C. Special
				Assessment.
1. Amount. Every electric and
				transmission and distribution utility subject to assessment under
				 35-A M.R.S.A.
				§116 is subject to an additional
				assessment on its gross intrastate operating revenues for regulated services.
				This assessment shall produce no more than $200,000 in revenues in fiscal year
				1997-98, no more than $600,000 in revenues in fiscal year 1998-99, no more than
				$600,000 in revenues in fiscal year 1999-2000, and no more than $200,000 in
				revenues in fiscal year 2000-01.
2.
				Billing and Due Dates. The assessment for fiscal year 1997-98 will be billed
				upon the effective date of this chapter and any enabling legislation, whichever
				is later. The assessment shall be due 30 days after the billing date. The
				assessments for subsequent fiscal years will be billed on May 1, and shall be
				due on July 1 of each year.
3.
				Accounting The revenues produced from this assessment shall be used for the
				design and implementation of the consumer education program. These funds shall
				be raised and accounted for in accordance with the provisions of
				 35-A M.R.S.A.
				§116, and shall be paid to the Treasurer
				of State and deposited in an account called the Public Utilities Commission
				Consumer Education Fund. Funds produced from this special assessment and not
				expended during any fiscal year may be carried over to the subsequent fiscal
				year. Any funds remaining in the Public Utilities Commission Consumer Education
				Fund at the conclusion of the program will be returned proportionally to
				assessed utilities by reducing their next annual assessment. The returned funds
				shall be flowed through to ratepayers in an appropriate ratesetting
				proceeding.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 302 - CONSUMER EDUCATION PROGRAM; ELECTRIC INDUSTRY RESTRUCTURING › Section 407-302-5 - IMPLEMENTATION

Current through 2024-29, July 17, 2024
A. Conduct of the Program. The Commission
				shall design and implement the consumer education program. The Commission may
				contract for services for program design and implementation.
B. Advisory Board. The Commission shall form
				an advisory board, which shall include representatives of utilities,
				residential and nonresidential consumers, and competitive providers, to provide
				information, advice and assistance to the Commission, Commission Staff and any
				contractor the Commission may hire, pursuant to subsection A, in the
				development and implementation of the consumer education plan and program. The
				Commission shall appoint members to the board by April 1998. The Commission
				shall consider the recommendations of the advisory board in developing and
				implementing the consumer education plan and program.
C. Proposed Consumer Education Program Plan.
				The Commission shall issue a proposed consumer education plan and provide an
				opportunity for public comment on its proposed plan. The Commission shall adopt
				a plan by August 4, 1998.
D.
				Modification of Plan. The Commission may modify its consumer education plan
				based on the results of its evaluation(s) performed pursuant to this
				rule.
E. Program Duration. The
				consumer education program shall continue through September 2000. The
				Commission may extend the program upon a finding that continuation of the
				consumer education program is in the public interest.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 302 - CONSUMER EDUCATION PROGRAM; ELECTRIC INDUSTRY RESTRUCTURING › Section 407-302-6 - UTILITY-SPONSORED EDUCATIONAL ACTIVITIES

Current through 2024-29, July 17, 2024
A. Ratemaking
				Treatment. The costs of utility-sponsored educational activities shall not be
				included in electric or transmission and distribution utility rates unless the
				utility demonstrates in a ratemaking proceeding that expenditures for
				utility-sponsored educational activities are reasonable in amount, reasonably
				effective, necessary and in the public interest.
B. Informational Filings. Electric and
				transmission and distribution utilities shall file with the Commission, for
				informational purposes only, any materials that are part of or related to
				utility-sponsored educational activities. The materials shall be filed,
				whenever possible, at least three weeks before the commencement of the activity
				of which the materials are a part or to which the materials relate.
C. Investigation. The Commission may
				investigate any utility-sponsored educational activity if it finds after a
				summary investigation that there are sufficient grounds to investigate whether
				the activity is misleading, deceptive or inaccurate. If after a public hearing,
				the Commission finds that the utility-sponsored activity is misleading,
				deceptive or inaccurate, it may by order require the utility to cease the
				activity and provide corrections of that activity.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 302 - CONSUMER EDUCATION PROGRAM; ELECTRIC INDUSTRY RESTRUCTURING › Section 407-302-7 - DISSEMINATION OF INFORMATION

Current through 2024-29, July 17, 2024
The Commission may require that electric and transmission and
				  distribution utilities disseminate information produced as part of the
				  Commission's consumer education program. Information required to be
				  disseminated by the utility may include correction of any utility-sponsored
				  education activity to the extent such correction is required by the Commission
				  as a result of an investigation, undertaken pursuant to section
				  6(C).
-
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 302 - CONSUMER EDUCATION PROGRAM; ELECTRIC INDUSTRY RESTRUCTURING › Section 407-302-8 - PROGRAM RESEARCH, MONITORING AND EVALUATION; REPORTS TO THE LEGISLATURE

Current through 2024-29, July 17, 2024
A. Criteria for Monitoring. The consumer
				education plan shall identify criteria the Commission will use to evaluate the
				consumer education program. The Commission may consider these criteria in
				determining whether to modify the program. Criteria will include target levels
				for consumer understanding of issues relating to retail access.
B. Research. The Commission may conduct
				research to tailor the consumer education program to the needs of consumers and
				to reach the target audience. Such research may include focus groups to test
				proposed messages and periodic surveys to assess program success and levels of
				consumer understanding of issues relating to retail access.
C. Evaluation. The Commission shall evaluate
				the effectiveness of the consumer education program in 1999 and at the
				conclusion of the consumer education program. The Commission may perform
				additional evaluations to determine the effectiveness of the consumer education
				program.
D. Reports to Legislature.
				The Commission shall file reports with the Legislature by December 31, 1999 and
				December 31, 2000 to report the results of the program evaluation. The
				Commission will provide this report as part of its annual restructuring
				report.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 303 - EMPLOYEE TRANSITION BENEFITS › Section 407-303-1 - General Provisions and Definitions

Current through 2024-29, July 17, 2024
A. Scope of
				Rule
This rule addresses the procedures to be followed to
				  determine whether an employee of an investor-owned utility or its successor is
				  eligible to receive transition services and benefits, the standards under which
				  the Commission will review a utility's employee benefits transition plan, and
				  the regulatory treatment of the costs associated with providing the employee
				  transition benefits.
B.
				Definitions
1. Divestiture. "Divestiture"
				means the legal transfer of ownership and control of any generation asset by an
				electric utility or transmission and distribution utility (T&D) prior to
				March 1, 2000 (or a later date if the Commission grants an extension to the
				utility).
2. Eligible Employee.
				"Eligible employee" means any employee of an electric utility who:
(a) is not an officer of the
				utility;
(b) is employed by the
				utility on January 1, 1998; and
(c)
				is laid off, either by the investor-owned utility or the new owners of the
				divested generating facilities, due to retail competition (as defined below).
An employee is not eligible if he/she is transferred within
				  the company or among affiliated companies at similar levels of
				  compensation.
3.
				Fringe Benefits. "Fringe benefits" means those benefits such as life insurance
				and pre-tax medical reimbursement accounts which the electric utility offers to
				its current employees either for purchase at group rates or as part of their
				compensation.
4. Generation Assets.
				"Generation assets" include all real estate, fixtures and personal property
				owned, controlled, operated or managed in connection with, or to facilitate,
				the generation of electric power.
5. Health Benefits. "Health benefits" means
				those benefits such as general health insurance, which the electric utility
				offers to its current employees either for purchase at group rates or as part
				of their compensation.
6. New
				Owner. "New owner" means a regulated or unregulated entity which purchases the
				generation assets of an electric utility.
7. Reasonable Accrual Increment Cost.
				"Reasonable accrual increment cost" means the incremental costs of the program
				over-and-above currently provided benefit costs which are included in current
				rates.
8. Retail Access. "Retail
				access" means the right of consumers of electricity in Maine to purchase
				generation services directly from competitive electricity providers beginning
				on March 1, 2000.
9. Retail
				Competition. "Retail competition" means:
(1)
				retail access (as defined above); or
(2) divestiture (as defined above).
10. Benefits Administrator.
				"Benefits administrator" means the person in the human resources department or
				other relevant department of the electric utility who is responsible for
				administering this program.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 303 - EMPLOYEE TRANSITION BENEFITS › Section 407-303-2 - Periods of Eligibility

Current through 2024-29, July 17, 2024
Absent just cause, a layoff which occurs after the effective
				  date of this Rule and prior to December 31, 2001, will be deemed to have been
				  due to retail competition.