reglab/statecodes huggingface dataset:
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 815 - CONSUMER PROTECTION STANDARDS FOR ELECTRIC AND GAS TRANSMISSION AND DISTRIBUTION UTILITIES › Appendix 407-815-A - AVOID WINTER DISCONNECTION - KNOW YOUR RIGHTS

Current through 2024-29, July 17, 2024
If you are unable to pay your electric [gas] bill this
				  winter, you can avoid losing your service. To do so ---
1. You must contact us. You must let us know that you cannot
				  pay your bill. We cannot help you if you do not contact us. Please call us at
				  ________________.
2. To avoid disconnection, you must enter into a payment
				  arrangement. We will offer you several payment options to pay your winter
				  electric [gas] bills in monthly payments that you can reasonably afford. In
				  most cases, you must pay all that you owe us by the following November
				  1.
3. You may be eligible to participate in our Low Income
				  Assistance Program. This program provides financial assistance to eligible
				  customers to help pay your electric bills. To learn more about our Low Income
				  Assistance Program, you can either contact us at ________________ or contact
				  your local Community Action Agency.
[#4 for electric utilities only]
4. You may be eligible to participate in our Oxygen
				  Pump/Ventilator Assistance Program. This program provides financial assistance
				  to eligible customers who for health-related reasons must use an oxygen pump or
				  ventilator at least 8 hours each day. To learn more about our Oxygen
				  Pump/Ventilator Assistance Program, you can either contact us at
				  ________________ or contact your local Community Action Agency.
5. You may also be entitled to other financial assistance
				  from State or local government agencies or other private sources to help you
				  pay your utility bills. To find out more about available financial assistance,
				  we recommend that you call 211. While we cannot obtain assistance for you, we
				  may also be able to refer you to others who can help you apply. In addition, we
				  may be able to provide you with or refer you to others who can provide no-cost
				  energy audits, weatherization or other measures to reduce high electricity
				  [gas] usage and reduce your monthly bill.
6. Failure to contact us may result in disconnection with the
				  approval of the Consumer Assistance and Safety Division of the Maine Public
				  Utilities Commission.
If you have questions, please call us at __________________.
				  If you are not satisfied, call the Consumer Assistance and Safety Division of
				  the Maine Public Utilities Commission TOLL FREE at 1-800-452-4699.
YOU MUST TAKE THE FIRST STEP.
DO NOT LET YOUR ELECTRIC [GAS] BILL GET AHEAD OF
				  YOU.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 820 - UTILITY REQUIREMENTS FOR NON-CORE ACTIVITIES AND TRANSACTIONS BETWEEN AFFILIATES › Section 407-820-1 - EXEMPTIONS

Current through 2024-29, July 17, 2024
Consumer-owned electric utilities as defined in section 3501
				  of Title 35-A, telephone utilities and water utilities are exempt from this
				  rule except that local exchange carriers and investor-owned water utilities are
				  subject to sections
				  4(C),
				  4(D),
				  6(B) and
				  6(C) of the
				  rule.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 820 - UTILITY REQUIREMENTS FOR NON-CORE ACTIVITIES AND TRANSACTIONS BETWEEN AFFILIATES › Section 407-820-3 - SEPARATE CORPORATE ENTITY FOR NONCORE UTILITY SERVICES

Current through 2024-29, July 17, 2024
A. Limitation. A utility may not offer core
				and non-core services through the same corporate entity. A utility must
				establish a separate corporate entity to offer non-core services.
B. Establishment of Separate Corporate
				Entity. When a utility establishes a separate corporate entity through which to
				provide non-core services, the establishment of that entity is subject to the
				reorganization requirements in
				 35-A M.R.S.A.
				§708.
C. Use of Existing Affiliate. A utility may
				undertake non-core utility activities in an existing affiliated interest, upon
				complying with the notice requirements in Section
				7 below. A utility must obtain
				Commission approval pursuant to
				 35-A M.R.S.A.
				§707 for any new arrangement or contract
				between the existing subsidiary and core utility arising from the non-core
				activity.
D. Transactions Between a
				Utility and Its Affiliate(s). A utility must seek Commission approval for all
				transactions between the utility and its affiliate or affiliates pursuant to
				 35-A M.R.S.A.
				§707 and section
				4 of this rule.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 820 - UTILITY REQUIREMENTS FOR NON-CORE ACTIVITIES AND TRANSACTIONS BETWEEN AFFILIATES › Section 407-820-4 - VALUE OF UTILITY GOODS, SERVICES AND INTANGIBLES

Current through 2024-29, July 17, 2024
A. Valuing Utility Equipment, Facilities,
				Services, or Personnel used by an Affiliate or for
de minimis
Service. Any utility equipment, facility, service or personnel used by an
				affiliate or used by a utility to provide
de minimis
service
				shall be charged to the affiliate at the tariffed rate, if available, or in the
				absence of a tariffed rate at the market price, if available, or otherwise at
				fully distributed cost. The amount charged in accordance with this subsection
				shall be recorded as income on the books of the utility.
1 Fully Distributed Cost Methodology. To the
				extent a utility must assign and apportion costs between its core utility
				service and non-core activities using the fully distributed cost methodology,
				it shall do so in accordance with the principles set forth in the Federal
				Communication Commission's rules regarding cost allocations to regulated and
				non regulated activities, 47 C.F.R. §64.901(b) (1-4), attached hereto as
				appendix A.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 820 - UTILITY REQUIREMENTS FOR NON-CORE ACTIVITIES AND TRANSACTIONS BETWEEN AFFILIATES › Section 407-820-5 - LIMITATION ON UTILITY INVESTMENTS IN AFFILIATES

Current through 2024-29, July 17, 2024
A.
				Investment Permitted without Commission Approval. A utility that has attained
				investment grade bond rating and has not filed for, or been granted, a
				temporary rate increase pursuant to
				 35-A M.R.S.A.
				§1322 may invest in an affiliated
				interest a total amount not to exceed five percent of the utility's
				capitalization without specific Commission approval of the
				investment.
B. Investment Not
				Permitted. No petition for affiliated interest or reorganization approval for a
				utility to invest in a non-regulated affiliated interest shall be approved if
				the utility's bond rating is below investment grade or if the utility has filed
				for, or been granted, a temporary rate increase pursuant to
				 35-A M.R.S.A.
				§1322 within six months of the filing
				for approval to invest in the affiliated interest. This subsection does not
				apply to a utility that has not attained investment grade bond rating because
				it is not publicly rated and does not have a private letter bond
				rating.
C. Investment Governed by
				Sections 707 and 708 of Title 35-A. If subsections A and B do not apply to a
				utility's petition to invest in an affiliate, the petition is governed by
				sections 707 and 708 of Title 35-A.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 820 - UTILITY REQUIREMENTS FOR NON-CORE ACTIVITIES AND TRANSACTIONS BETWEEN AFFILIATES › Section 407-820-6 - RATEMAKING TREATMENT

Current through 2024-29, July 17, 2024
A. Below the Line
				Treatment. All non-core and
de minimis
utility activities will
				be treated as below the line for ratemaking purposes.
B. Value of Intangibles; Presumption in Favor
				of Allocation to Ratepayers. A rebuttable presumption exists that the positive
				value of utility intangibles transferred to or used by an affiliate will be
				allocated entirely to ratepayers. A utility may rebut this presumption by
				providing evidence that the intangible is wholly unrelated to the utility's
				provision of service to ratepayers.
C. Ratemaking Methodology for Intangibles
				Other Than Good Will. Subject to the allocation requirements set forth in
				subsection B of this section, the specific ratemaking methodology used to
				reflect the value of an intangible other than good will will be determined in
				the proceeding for approval of the affiliated transaction pursuant to
				 35-A M.R.S.A.
				§707.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 820 - UTILITY REQUIREMENTS FOR NON-CORE ACTIVITIES AND TRANSACTIONS BETWEEN AFFILIATES › Section 407-820-7 - FILING REQUIREMENTS

Current through 2024-29, July 17, 2024
A. Notification of
				Intent to Undertake Non-Core Utility Activity. A utility must notify the
				Commission of each non-core activity it intends to pursue within 30 days of the
				commencement of operations.
B. Type
				of Notification.
1 New Corporate Entity. If a
				utility plans to establish a new corporate entity in which to conduct the
				non-core utility activity, notification will be achieved when it makes its
				required filing pursuant to
				 35-A M.R.S.A.
				§708(2).
2 Use of Existing Affiliate. If a utility
				plans to undertake a non-core activity in an existing affiliate, it shall
				submit a letter to the Commission describing the non-core utility activity and
				the name of the affiliate in which it will undertake the same activity and seek
				any approvals required by
				 35-A M.R.S.A.
				§707.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 820 - UTILITY REQUIREMENTS FOR NON-CORE ACTIVITIES AND TRANSACTIONS BETWEEN AFFILIATES › Section 407-820-8 - STANDARDS OF CONDUCT

Current through 2024-29, July 17, 2024
A. Limits on Use of
				Customer Information.
1 Use by Affiliate of
				CSI or ACI. A utility affiliate must purchase any CSI or ACI it wishes to use
				from the core utility at market value.
2 Availability of CSI or ACI. If a utility
				makes CSI or ACI available to a non-core utility subsidiary, it must make the
				CSI or ACI available to any other entity requesting it, on the same
				terms.
3 Affirmative Permission of
				Customer Required. To use any CSI (as distinguished from ACI), the utility must
				obtain affirmative, written permission from the customer.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 820 - UTILITY REQUIREMENTS FOR NON-CORE ACTIVITIES AND TRANSACTIONS BETWEEN AFFILIATES › Section 407-820-9 - WAIVER

Current through 2024-29, July 17, 2024
The Commission may, upon its own motion, or, upon the request
				  of any utility subject to the provisions of this Chapter, waive any of the
				  requirements of this Chapter that are not required by statute upon a finding of
				  good cause and that the waiver would not be inconsistent with the purposes of
				  this Chapter or sections 707, 708, 713, 714 and 715 of Title 35-A. A waiver may
				  be granted by the Commission, the Director of Technical Analysis, or the
				  Hearing Examiner assigned to a proceeding related to this rule.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 840 - INTERVENOR FUNDING › Section 407-840-2 - ELIGIBILITY FOR INTERVENOR FUNDING

Current through 2024-29, July 17, 2024
A. An intervenor
				is eligible for intervenor funding if:
1 The
				position advocated by the intervenor is not adequately represented by the
				Public Advocate or the Staff of the Commission;
2 Participation in the proceeding by the
				intervenor would impose a substantial financial hardship on the
				intervenor;
3 The intervenor
				substantially contributed to the approval, in whole or in part, of a position
				advocated by the intervenor in a Commission proceeding except if no Commission
				advocacy staff is assigned to the proceeding, the intervenor must be likely to
				contribute substantially to the conduct of the Commission proceeding and to
				assist in the resolution of the issues raised in the proceeding.; and
4 The intervenor complies with the
				eligibility determination requirements in Sections
				3 and
				6 of this rule.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 840 - INTERVENOR FUNDING › Section 407-840-3 - PETITION FOR PRELIMINARY DETERMINATION OF ELIGIBILITY

Current through 2024-29, July 17, 2024
A.
Preliminary Determination
. An
				intervenor in a Commission proceeding may petition the Commission to make a
				preliminary determination of eligibility for intervenor funding. The petition
				must include the information specified below and be served on all parties to
				the case.
B.
Contents of
				Petition
. Any petition for preliminary determination of eligibility for
				intervenor funding shall include:
1 All facts
				known to the intervenor demonstrating that but for the award of compensation,
				participation in the proceeding will work a substantial financial hardship on
				the intervenor. This showing shall include certified balance sheets and income
				and expense statements for the last three fiscal years, in all cases where such
				information is available, together with all other relevant financial
				information that will aid the Commission in ascertaining the intervenor's
				financial condition and resources of finances;
2 A statement describing the position that
				the intervenor intends to advocate on each issue together with a summary of the
				evidence that the intervenor intends to present on that issue.
3 If the intervenor plans to hire an attorney
				or expert witness, for each issue the intervenor intends to advocate an
				estimate of the amount of attorney's fees, expert witness fees, and other
				reasonable expenses to be incurred by the intervenor preparing and advocating
				that position;
4 In the event that
				the intervenor is acting as an agent of or on behalf of others, documentation
				that the intervenor is the authorized representative of those
				represented;
5 A statement about
				the appropriateness or inappropriateness of consolidating the presentation with
				that of other intervenors who will advocate the same or similar position with
				respect to that issue or issues; and
6 Any additional relevant information at the
				request of the Commission.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 840 - INTERVENOR FUNDING › Section 407-840-4 - OBJECTIONS TO ELIGIBILITY

Current through 2024-29, July 17, 2024
A.
Filing of
				Objections
. Within ten (10) days after the filing of a petition for a
				preliminary determination of eligibility for intervenor funding, any party to
				the proceeding, including the Commission Advocacy Staff if assigned, may object
				to the request for intervenor funding. The grounds of the objection shall be
				limited to the conclusions drawn from the data filed under section
				3 of this rule.
B.
Hearing on Objections
. If
				objections are received, the Commission may hold a hearing on the objections.
				If no objections are received, the Commission may, on its own motion, require a
				hearing on the request for intervenor funding.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 840 - INTERVENOR FUNDING › Section 407-840-5 - CERTIFICATION OF PRELIMINARY ELIGIBILITY

Current through 2024-29, July 17, 2024
A.
Determination
. Within twenty one (21) days after the filing of the
				petition for preliminary determination of eligibility, the Commission shall
				enter an order stating, with respect to each intervenor who has filed for
				funding:
1 Whether the intervenor is eligible
				for funding based on the criteria set forth in section
				2 of this rule;
2 Whether those intervenors advocating
				similar positions shall consolidate their representations by requiring common
				legal representation chosen by the intervenors. No award of compensation shall
				be made to those intervenors who fail to consolidate their presentations after
				being so ordered by the Commission. This does not preclude consolidated
				intervenors from retaining more than one legal representative so long as only
				one representative enters an appearance on behalf of the consolidated
				intervenors. In the case where more than one legal representative is retained,
				the intervenors may divide the award among the legal representatives.
3 If the Commission is unable to determine
				preliminary eligibility, whether eligibility is likely if the intervenor meets
				the eligibility criteria in Section
				2 of this Chapter.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 840 - INTERVENOR FUNDING › Section 407-840-6 - FILING OF FINAL CLAIM

Current through 2024-29, July 17, 2024
A.
Intervenor's Claim
. Every intervenor who received a preliminary
				determination of eligibility for an award of compensation shall file a Final
				Claim for Intervenor Funding within 30 days of the close of the proceeding
				containing the information listed below:
1
				Every issue for which the award is sought and how the intervenor has met the
				eligibility criteria in Section
				2 of this Chapter. If an award is
				sought for issues not anticipated in the preliminary determination of
				eligibility, the final claim should specifically note this;
2 For each issue, the contribution made by
				the intervenor with respect to that issue. This shall include a summary of all
				direct evidence submitted by the intervenor, all relevant testimony elicited by
				the intervenor on cross examination of the witness and the major points of any
				legal argument made by the intervenor;
3 For each issue, the amount of the award of
				compensation sought by the intervenor. This shall include an itemized statement
				of all attorneys and expert witness fees and other reasonable expenses incurred
				by the intervenor in the preparation and advocacy of the intervenor's position
				in the Commission proceeding. If an issue may be logically divided into two or
				more sub-issues, the intervenor shall separately itemize its fees and expenses
				for each separate sub-issue. The burden is on the intervenor to produce
				satisfactory evidence that any attorney's fees are reasonable. At a minimum
				this shall include the attorney's affidavit as to the reasonableness of
				fees;
4 For each issue where a
				consolidated presentation has been made but where one or more intervenors is
				not seeking an award of compensation, whether the common legal representative
				was retained or employed by an intervenor seeking an award of compensation and
				which expert witnesses, if any, were retained or employed by a intervenor
				seeking an award of compensation.
5
				To the extent possible, the claim shall include an update of the financial
				information provided by the intervenor under section
				3(B)(1) of this rule,
				to reflect the current financial status of the intervenor.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 840 - INTERVENOR FUNDING › Section 407-840-8 - AWARD FOR JUDICIAL REVIEW OF PURPA PROCEEDINGS

Current through 2024-29, July 17, 2024
A.
Eligibility
. If the intervenor owes or incurs fees and expenses in
				a judicial review of any determination made in a Commission PURPA proceeding
				with respect to an issue advocated by the intervenor, the intervenor shall be
				entitled to an award of compensation for such fees and expenses owed and
				incurred by the intervenor only if:
1 The
				intervenor has demonstrated a substantial financial hardship; and
2 One of the following two criteria has been
				met:
a Where the Commission's adoption of a
				position advocated by the intervenor is the subject of judicial review, the
				intervenor defends that position on review, and the Commission takes no
				position with respect to that position on review; or,
b Where the intervenor advocated a position
				not adopted by the Commission and the intervenor successfully obtains a
				judicial decision resulting in the adoption of the position advocated by the
				intervenor.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 840 - INTERVENOR FUNDING › Section 407-840-9 - PAYMENT OF AWARD

Current through 2024-29, July 17, 2024
A.
Utility
				Payment
. For PURPA proceedings and judicial review of such proceedings
				as specified in section
				8 of this rule, the utility shall pay
				any award of compensation as ordered by the Commission. In the event that the
				Commission proceeding involves more than one utility, the award shall be
				divided as directed by the Commission among the utilities involved and paid by
				the utilities.
B.
Commission
				Payment
. In any non-PURPA proceeding, the Commission shall pay any award
				of compensation from its regulatory fund and filing fees subject to the
				Commission's determining such funds are available.
C.
Payment Date
. The utility or
				the Commission, as appropriate, shall pay the award of compensation as ordered
				by the Commission within thirty (30) days after the Commission's order awarding
				intervenor funding or in the case of an order subject to judicial review,
				within thirty (30) days after that review is complete.
D.
Interest on Payment
. In the
				event the Commission determines that there has been undue delay in either the
				Commission's granting of the final award or the Commission or utility's payment
				of an award, the award of compensation may include interest on the amount from
				the date of the issuance of the final order on the substantive issues of the
				case. The interest rate will be based on the applicable interest payable on
				deposits under Chapter 870 of the Commission's Rules.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 840 - INTERVENOR FUNDING › Section 407-840-10 - WAIVER

Current through 2024-29, July 17, 2024
To the extent permitted by law, where good cause exists, the
				  Commission may permit deviation or waiver from this Chapter. The Commission or
				  the Hearing Examiner may grant a request for a deviation or waiver upon a
				  finding of good cause and a finding that the deviation or waiver will not
				  impair the policies of this Chapter.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 850 - REGULATORY PROCEEDING EXPENSES › Section 407-850-1 - Definitions

Current through 2024-29, July 17, 2024
A.
Regulatory Proceeding
				Expenses
. Regulatory Proceeding Expenses shall include any expense, fee
				or charge paid directly or indirectly by any public utility to any person,
				firm, corporation, or association other than its own employees, for legal,
				accounting, financial or other expert or specialized services in association
				with any proceeding before the Maine Public Utilities Commission or in any
				proceeding before the Maine Supreme Judicial Court arising out of a Commission
				proceeding. For purposes of this rule, regulatory proceeding expenses shall not
				include copying, telephone, mail, courier, or other such incidental costs; such
				incidental expenses shall be recoverable through normalization in a Company's
				test-year revenue requirement.
B.
Rate Case Expenses
. Rate Case Expenses are those Regulatory
				Proceeding Expenses incurred in connection with a general increase in rates as
				defined in
				35-A M.R.S
				§307.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 850 - REGULATORY PROCEEDING EXPENSES › Section 407-850-2 - Records Required

Current through 2024-29, July 17, 2024
A.
Contents
. Every public utility seeking recovery of Regulatory
				Proceeding Expenses shall maintain records containing a detailed description
				and accounting of all Regulatory Proceeding Expenses of which it seeks
				recovery. Such records shall identify, by proceeding, the hours spent and fees
				charged by all persons whose salaries, fees or charges constitute Regulatory
				Proceeding Expenses.
B.
Filing
1.
Timing
.
				In accordance with, Chapter 120, § 5(C), every public utility seeking
				recovery of Rate Case Expenses shall file the applicable records required by
				§ 2(A) of this rule in every filing for a general increase in rates as
				defined in
				35-A M.R.S.
				§307. Whenever a utility seeks to adjust
				the Rate Case Expenses incurred during the test period, it must file the
				records required by § 2(A) of this chapter of all actual and estimated
				expenses which are relied on for purposes of making an adjustment to the test
				year. This filing shall be made in accordance with the filing requirements set
				forth in Chapter 120, § 5(C) of the Commission's Rules.
2.
Capitalized Expenses
. If
				Regulatory Proceeding Expenses are capitalized, the utility must maintain
				records which identify the Regulatory Proceeding Expenses, subject to the
				requirements of 2(A). That record must be filed at the time the utility seeks
				recovery of expenses of those proceedings.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 850 - REGULATORY PROCEEDING EXPENSES › Section 407-850-3 - Ratemaking Treatment

Current through 2024-29, July 17, 2024
A.
Policy
No public utility shall recover from its ratepayers any
				  Regulatory Proceeding Expense unless such expense has been found by the
				  Commission to have been reasonable and prudently incurred. The Commission will
				  set regulatory proceeding expenses on a normalized test year basis.
B
Criteria for Determining
				Reasonableness
In determining whether a Regulatory Proceeding Expense is
				  reasonable, the Commission may use the following criteria:
1) the customary fee for similar services,
				including the fees rendered in the relevant market to companies of similar size
				in matters of similar importance to the client;
2) the amount of money at issue;
3) the extent to which the attorney's or
				expert's services contributed to the presentation of the case;
4) whether the utility used a negotiations or
				bidding process, or otherwise considered information concerning the
				availability, experience, quality and cost of outside attorney and expert
				services when hiring outside attorneys and experts; and
5) the experience and ability of the attorney
				or expert. Other factors may be considered if relevant to a particular
				proceeding.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 850 - REGULATORY PROCEEDING EXPENSES › Section 407-850-4 - WAIVER

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, for good cause, waive
				  any of the 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 Administrative Director, the Director of Electric and
				  Natural Gas Industries, and the Director of Telephone and Water Industries, 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 870 - LATE PAYMENT CHARGES, INTEREST RATES TO BE PAID ON CUSTOMER DEPOSITS, AND CHARGES FOR RETURNED CHECKS › Section 407-870-1 - LATE PAYMENT CHARGE

Current through 2024-29, July 17, 2024
A.
Maximum
				Interest Rate.
No utility may impose a late payment charge in excess of
				1% per month or 12% annually on the amount overdue on any bill issued in
				accordance with a utility's terms and conditions of service.
B.
Amount Overdue.
An amount is
				overdue when it has not been paid by the due date. The due date must be no less
				than 25 days after the bill is mailed or hand delivered to the customer. A bill
				is considered to have been mailed on the date it is postmarked. If there is no
				postmark, a utility must date the bill and deliver the bill on or before that
				date.
C.
Terms and
				Conditions.
Any utility which chooses to impose a late payment charge
				must file terms and conditions conforming to this rule. Any utility that has
				existing terms and conditions that conflict with this rule must file revised
				terms and conditions at the time of its next general rate case or when it next
				revises its rate schedules whichever is earlier. This rule preempts any
				inconsistent terms and conditions from the time of its effective
				date.
D.
Disputed
				Bill.
No late payment fee may be imposed for any time period in which a
				bill is in dispute pursuant to applicable Commission rules. A customer will
				have a minimum of 25 days from the data of the resolution of the dispute to
				remit payment to a utility in order to avoid a late payment charge.
E.
Exemption for Customers on Levelized
				Payment Plans.
No late payment charges may be imposed for an amount
				overdue that is the sole result of a budget payment plan (in which interest is
				paid on credit balances) or from levelized payments under a special payment
				arrangement developed according to the winter disconnection requirements of the
				Commission's rules (Chapter 815(9)(F)(5)).
F.
Exemption for Customers Adhering to
				Terms of Payment Arrangements
. No late payment charges may be imposed on
				a customer's past due balance while a payment arrangement is in effect,
				provided that the customer adheres to the terms of the payment arrangement for
				those arrearages.
G.
Minimum
				Amount.
A utility may adopt a minimum billed amount for which a late
				payment charge is imposed.
H.
Disclosure.
At least 30 days or one billing cycle, before a late
				payment charge program is begun or an existing late payment charge is
				increased, a utility must disclose to the affected customers the interest rate
				and methods which will be used to calculate late payment charges. Every bill
				issued after an approved late payment charge program begins must state the due
				date of the bill and the effective monthly interest rate that will be imposed
				if the bill is not paid by the due date.
I.
Applicability.
A utility may
				seek a late payment charge for overdue residential and non-residential
				customers or both.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 870 - LATE PAYMENT CHARGES, INTEREST RATES TO BE PAID ON CUSTOMER DEPOSITS, AND CHARGES FOR RETURNED CHECKS › Section 407-870-2 - INTEREST ON DEPOSITS

Current through 2024-29, July 17, 2024
A.
General
				Policy.
Interest on all customer deposits held by a utility shall equal
				the rate on one-year Treasury Securities in effect on November 1 of each year,
				as published in the Weekly Update of the Federal Reserve's H.15 Statistical
				Release (
http://www.federalreserve.gov/releases/h15/Current/
).
				If November 1 falls on a weekend, the applicable one-year Treasury rate will be
				the one in effect on the first business day of November. To ensure that
				customers earn a modest return on deposits held by utilities, in no case may
				the customer deposit rate be set at less than a floor of 0.20%.
B.
Annual Notice.
Each year no
				later than November 15, the Commission's Administrative Director shall issue a
				notice to all public utilities setting the rate to be paid by public utilities
				on customer deposits for the next calendar year beginning January 1.
C.
Effective Date of Interest
				Rate.
The effective date for the annual change described in § 2(A)
				shall be January 1.
D.
Effective Date of Deposit.
The effective date of the deposit is
				the date that the first payment of the deposit is made. If the effective
				interest rate changes while a deposit is held by the utility, the new interest
				rate shall be applied during its effective period. Interest shall accrue until
				the deposit is returned to the customer, regardless of the amount of time the
				deposit is held by the utility. All interest shall be credited to the customer
				annually and upon termination of the service or the return of the deposit by
				the utility. Compounding of interest is not required. The utility shall have
				the option of crediting accrued interest to the customer's deposit and paying
				the interest to the customer when the deposit is returned or crediting that
				accrued interest to the customer's bill. If credited to the customer's bill,
				the reason for the credit shall be specified on the customer's bill.
E.
Terms and Conditions.
Every
				utility must file terms and conditions stating that the interest rate on
				customer deposits shall be the rate set by the Public Utilities Commission in
				accordance with Chapter 870 of the Public Utilities Commission Rules.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 870 - LATE PAYMENT CHARGES, INTEREST RATES TO BE PAID ON CUSTOMER DEPOSITS, AND CHARGES FOR RETURNED CHECKS › Section 407-870-3 - CHARGE FOR RETURNED PAYMENT

Current through 2024-29, July 17, 2024
All utilities that choose to charge customers a fee for
				  nonpayment due to returned payment may charge the customer the greater of $5.00
				  per account to which the returned payment applies or the amount that the bank
				  charges the utility, not to exceed $20.00. If the utility charges the customer
				  more than $5.00, the utility shall furnish the customer with proof of the bank
				  charge. Any utility which chooses to impose a charge for returned payment must
				  file terms and conditions that conform to this rule.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 870 - LATE PAYMENT CHARGES, INTEREST RATES TO BE PAID ON CUSTOMER DEPOSITS, AND CHARGES FOR RETURNED CHECKS › Section 407-870-4 - WAIVER

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 Director of the Consumer Assistance and Safety Division, or the Presiding
				  Officer assigned to a proceeding related to the Chapter may grant the
				  waiver.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 880 - ATTACHMENTS TO JOINT-USE UTILITY POLES; DETERMINATION AND ALLOCATION OF COSTS; PROCEDURE › Section 407-880-4 - CALCULATION OF RATES FOR JOINT-USE UTILITY POLES

Current through 2024-29, July 17, 2024
In determining a just and reasonable rate for attachments to
				  joint-use utility poles, the Commission will employ the FCC Cable Rate Formula,
				  presuming an average joint-use utility pole with a space factor of 7.4% per
				  foot used by an attachment. Pole top attachments are presumed to occupy one
				  foot of usable space for the purposes of Cable Rate calculations. The use of an
				  average joint-use utility pole, and the one-foot space for pole-top attachments
				  are rebuttable presumptions.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 880 - ATTACHMENTS TO JOINT-USE UTILITY POLES; DETERMINATION AND ALLOCATION OF COSTS; PROCEDURE › Section 407-880-5 - JOINT-USE SOFTWARE SYSTEM

Current through 2024-29, July 17, 2024
A.
Use of and
				Access to the System.
1. Large pole
				owners must participate in a joint-use software system upon implementation and
				activation of such a system. Participation by large pole owners includes, but
				is not limited to, providing pole ownership and attachment data to the system
				such that the system may be effectively used to facilitate make-ready work,
				placement and removal of pole attachments, and pole transfers and removals.
				Once implemented, all attaching entities and prospective attaching entities
				must use the system when applying for pole attachments, performing make ready
				work, placing or removing pole attachments, performing pole transfers, or
				performing pole removals within the service territory of a large pole owner.
				Pole owners who are not large pole owners may, but are not required, to
				participate in the joint-use software system. If a pole owner who is not a
				large pole owner chooses to participate in the joint-use software system, all
				attaching entities and prospective attaching entities must use the system
				applying for pole attachments, performing make ready work, placing or removing
				pole attachments, performing pole transfers, or performing pole removals within
				the service territory of that pole owner.
2. Once implemented and activated, the
				joint-use software system must generally be accessible to attachers 24 hours a
				day, 7 days a week, through the use of conventional office computer systems.
				Users will not be required to acquire special hardware, and any required
				software applications must be provided at no or at most nominal cost by the
				system operator(s).
3. Use of and
				access to the joint-use software system is subject to:
a. the confidentiality provisions in Section
				5(B) of this
				Chapter;
b. reasonable measures to
				protect the security and integrity of the system and its data; and
c. reasonable user training
				requirements.
4. The
				owner or owners of the joint-use software system must design, implement, and
				operate the joint use software system in a non-discriminatory manner.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 880 - ATTACHMENTS TO JOINT-USE UTILITY POLES; DETERMINATION AND ALLOCATION OF COSTS; PROCEDURE › Section 407-880-6 - SEPARATE CHARGES

Current through 2024-29, July 17, 2024
Pole owners must charge attaching entities separately for the
				  following expenses and investments:
A.
Make-Ready Work.
An additional attaching entity or an existing
				attaching entity placing an additional attachment must be charged reasonable
				expenses incurred in surveying existing joint-use utility poles or in
				performing make-ready work. The attaching entity requiring additional space on
				an existing joint-use utility pole is presumed to be the attaching entity which
				must incur or be charged for the cost of all make-ready work, unless the other
				attaching entities otherwise agree.
1.
Municipal Exemption.
a.
Definitions.
The following definitions are applicable to Section
				5(A)(1) of this
				Chapter:
i.
Make Ready Work.
"Make-ready work" means the rearrangement or transfer of existing facilities,
				replacement of a pole, complete removal of any pole replaced or any other
				changes required to make space available for an additional attachment to a
				shared-use pole.
ii.
Municipality.
"Municipality" means a town, city, plantation,
				county, regional council of governments, quasi-municipal corporation or
				district as defined in
				30-A
				M.R.S. §2351, regional municipal utility
				district established according to
				30-A
				M.R.S. §2203(9) or a
				corporation wholly or partially owned by an entity specified in this
				Subsection.
iii.
Unserved or
				Underserved Area.
"Unserved or underserved area" has the same meaning as
				in 35-A
				M.R.S
				§9202(5).
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 880 - ATTACHMENTS TO JOINT-USE UTILITY POLES; DETERMINATION AND ALLOCATION OF COSTS; PROCEDURE › Section 407-880-7 - JOINT RESPONSIBILITY AGREEMENTS

Current through 2024-29, July 17, 2024
Attaching entities may enter agreements which establish joint
				  responsibility for joint-use utility poles in their common service territories
				  and which may eliminate or reduce the need for the payment of direct
				  compensation. Joint responsibility may include the joint ownership of joint-use
				  utility poles, sole ownership of joint-use utility poles in an agreed
				  proportion, compensation or any combination thereof, provided that the net
				  effect of the agreement assigns responsibility for joint-use utility pole costs
				  in amounts generally consistent with this Chapter. In determining whether an
				  existing agreement is generally consistent with this Chapter, the parties may
				  take into account the burden of litigating a rate or charges before the
				  Commission and the overall net effect of any reasonably likely change on their
				  respective ratepayers or customers.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 880 - ATTACHMENTS TO JOINT-USE UTILITY POLES; DETERMINATION AND ALLOCATION OF COSTS; PROCEDURE › Section 407-880-8 - REVENUE-NEUTRAL RATE ADJUSTMENTS FOR UTILITIES

Current through 2024-29, July 17, 2024
A.
Flow Through of Changes in Revenues From Joint-Use Entities.
Increases in joint-use utility pole attachment revenues
				  received by utility pole owner from a joint-use entity resulting from an order
				  of the Commission under
				  35-A
				  M.R.S. §711 or from an agreement between
				  utility pole owner and a joint-use entity must be flowed through to customers
				  of the pole owner by a revenue-neutral change in the pole owner's rates as
				  provided in this Section. Following initial implementation of a new rate as
				  described above, increases in revenues which are attributable solely to
				  increased costs of the pole owner, rather than to changes in the inclusion or
				  exclusion of costs contained in a joint-use utility pole attachment rate or to
				  changes in the allocation of costs, must not be subject to the flow-through
				  provisions of this Section.
B.
Immediate Flow-Through.
The rate change required by this Section may be implemented
				  by the pole owner at the time of the increase in revenues. If an electric
				  utility chooses this option, the electric utility must make the change in its
				  rates for residential classes.
C.
Delayed Flow-Through; Suspense
				Account.
1.
Timing.
A pole
				owner may choose to delay the rate change required by this Section until the
				conclusion of its next general rate case, if applicable. If the next general
				rate case is not commenced (or notice provided under Chapter 120, §
										6 of the Commission's Rules) within
				four years of the change in revenues, the pole owner's rate must be changed not
				later than 5 years following the effective date of the rate change.
2.
Rate Design.
If the change in
				joint-use utility pole rates is made at the conclusion of a general rate case,
				the change must apply to the rates for services or to customer classes as
				ordered in that case. If the change is made outside of a general rate case, the
				change must apply to rates for residential customers of the electric
				utility.
3.
Suspense
				Account.
A pole owner which delays implementation of a rate change
				pursuant to this Section must defer all increased revenues in a suspense
				account and the rate change to its customers must take into account the
				deferred amounts.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 880 - ATTACHMENTS TO JOINT-USE UTILITY POLES; DETERMINATION AND ALLOCATION OF COSTS; PROCEDURE › Section 407-880-9 - RESOLUTION OF DISPUTES

Current through 2024-29, July 17, 2024
The Commission will adjudicate any disputes regarding
				  joint-use utility poles, including disputes pursuant to
				  35-A
				  M.R.S. §711, in accordance with the
				  Expedited Complaint Resolution Process of Disputes Regarding Utility Pole
				  Attachments established in
Maine Public Utilities Commission,
				  Investigation into Practices and Acts Regarding Access to Utility
				  Poles
, Docket No. 2010-00371, Order (July 12, 2011). A summary of the
				  dispute procedure is attached to this Chapter as Attachment A. On or before
				  January 31 of each calendar year, or any time the contact information changes,
				  owners of joint-use utility poles must submit to the Commission contact
				  information for use by current or prospective attaching entities. Contact
				  information must include name, title, address, business phone number, and
				  business email address.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 880 - ATTACHMENTS TO JOINT-USE UTILITY POLES; DETERMINATION AND ALLOCATION OF COSTS; PROCEDURE › Section 407-880-10 - NEGOTIATED AGREEMENTS

Current through 2024-29, July 17, 2024
Notwithstanding anything to the contrary in this Chapter,
				  pole owners and attaching entities may enter into negotiated agreements for
				  attachment to joint-use utility poles that contain rates, terms, or conditions
				  that differ from those described in this Chapter. However, the Commission will
				  apply the provisions of this Chapter in any dispute regarding rates, terms, or
				  conditions for attachment to joint-use utility poles.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 880 - ATTACHMENTS TO JOINT-USE UTILITY POLES; DETERMINATION AND ALLOCATION OF COSTS; PROCEDURE › Section 407-880-11 - WAIVER

Current through 2024-29, July 17, 2024
To the extent permitted by law, and for good cause shown, the
				  Commission, the Director of Electric and Gas Utility Industries, the Director
				  of Telephone and Water Utility Industries, the Director of Consumer Assistance
				  and Safety, or the Presiding Officer assigned to a proceeding involving the
				  provisions of this Chapter, may permit a temporary or permanent deviation,
				  waiver or exemption from any provision of this Chapter. A finding that
				  compliance would be unduly burdensome or that the deviation or waiver will not
				  impair the policies of this Chapter may constitute a finding of good
				  cause.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 880 - ATTACHMENTS TO JOINT-USE UTILITY POLES; DETERMINATION AND ALLOCATION OF COSTS; PROCEDURE › Attachment A - EXPEDITED POLE ATTACHMENT COMPLAINT PROCESS

Current through 2024-29, July 17, 2024
1.
Activities Prior to Filing a Complaint
a. Complainant must call the contact for the
				party with whom there is a dispute and give notice that they are planning to
				file a complaint with the Commission Rapid Response Team the next business
				day.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 885 - LAND USE REGULATION EXEMPTION › Section 407-885-1 - PURPOSE

Current through 2024-29, July 17, 2024
The purpose of this Chapter is to establish procedures and
				  standards to govern public utility and energy infrastructure developer requests
				  for the Commission to grant exemptions from municipal zoning ordinances and
				  Land Use Regulation Commission regulations.