reglab/statecodes huggingface dataset:
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 640 - PRIVATE FIRE PROTECTION SERVICES › Appendix 407-640-A - Method for Determination of Demand Based Fire Protection Charges

Current through 2024-29, July 17, 2024
Step 1: Determine Total Revenue Requirement
1 From Rate Case Filing or Income Statement
				$1,750,080
Step 2: Determine Revenue Required From Municipal Fire
				  Protection (T)
2 From
				Chapter 69 of PUC Rules $274,763
Step 3: Determine Municipal Fire Protection Demand Flow
				  Requirements (C)
CustomerClass
Number of Hydrants
Demand Flow
Total Demand
GPM
GPM
Residential
343
500
17,500
Commercial
128
1,000
128,000
Industrial
68
1,000
68,000
Total
539
367,500 GPM
Step 4: Determine Private Fire Protection Demand Flow
				  Requirements (D)
Private Fire Protection Class
Number of
							 Services
Average Demand
Total Demand
GPM
GPM
Private Hydrants(a)
47
500
23,500
Sprinkler 0-99 GPM
26
80
2,080
Sprinkler 100-199 GPM
4
196
784
Sprinkler 200-399 GPM
130
200
26,000
Sprinkler 400-599 GPM
32
535
17,120
Sprinkler 600-999 GPM
3
881
2,643
Sprinkler 1000+ GPM
2
1,800
3,600
Total
244
75,727 GPM
(a) excludes
				the first hydrant with each sprinkler system
Step 5: Determine the Total Revenue Required from Private
				  Fire Protection (P)
Formula: P= (T/C)*D
P = ($274,763/367,500) * 75.727 = $56,618
Step 6: Allocate Private Fire Protection Revenue Requirement
				  Based Upon Average Demand
Private Fire Protection Class
Number of
							 Services
Average Demand
Cost Per
Average
							 Cost
Revenue Allocation
GPM GPM
Private Hydrants(a)
47
500
$0.747659
$373.83
$17,569.99
Sprinkler 0-99 GPM
26
80
$0.747659
$59.81
$1,555.13
Sprinkler 100-199 GPM
4
196
$0.747659
$146.54
$586.16
Sprinkler 200-399 GPM
130
200
$0.747659
$149.53
$19,439.14
Sprinkler 400-599 GPM
32
535
$0.747659
$400.00
$12,799.93
Sprinkler 600-999 GPM
3
881
$0.747659
$658.69
$1,976.06
Sprinkler 1000+ GPM
2
1800
$0.747659
$1,345.79
$2,691.57
Total
244
$56,618.00
(a)
				excludes the first hydrant with each sprinkler system
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 660 - CONSUMER PROTECTION STANDARDS FOR WATER UTILITIES › Section 407-660-1 - STATEMENT OF PURPOSES; APPLICABILITY; AND POLICY

Current through 2024-29, July 17, 2024
A.
Purposes
The purposes of this Rule are:
1. To assure safe and adequate provision of
				utility service;
2. To assure that
				service is not disconnected or refused unreasonably;
3. To ensure that customers of water
				utilities are not disconnected because of their inability to pay without being
				afforded the opportunity to enter into a reasonable payment arrangement; and
4. To assure the utility's right
				to collect proper payment for utility service.
Every privilege that is granted and every duty that is
				  required by this Rule imposes an obligation on utilities, applicants and
				  customers to accept these privileges and perform these duties with good faith,
				  honesty and fairness.
This Rule defines the minimum standards for nondiscriminatory
				  practices that all water utilities must follow. It does not, however, limit the
				  power of utilities to give greater protection to their customers above these
				  minimum standards.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 660 - CONSUMER PROTECTION STANDARDS FOR WATER UTILITIES › Section 407-660-3 - EMERGENCY MORATORIUM

Current through 2024-29, July 17, 2024
When the Commission or the Director of the CAD determines
				  that, due to an emergency, termination of utility service by one or more
				  utilities would present a clear danger to the health or safety of one or more
				  customers, the Commission or the CAD Director may declare a partial or complete
				  moratorium on the termination or disconnection of service by any or all
				  utilities. When such a moratorium is declared, the duration of the moratorium
				  will be specified by the Commission or the CAD Director.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 660 - CONSUMER PROTECTION STANDARDS FOR WATER UTILITIES › Section 407-660-4 - CUSTOMER PRIVACY

Current through 2024-29, July 17, 2024
A utility shall not disclose, sell or transfer (other than
				  for debt collection, credit reporting, or usage reporting pursuant to state and
				  federal law or to law enforcement agencies pursuant to lawful process, or as
				  otherwise authorized by law, Commission Rule or Order), individual customer
				  information, including, but not limited to, a customer's name, address,
				  telephone number, water usage, or payment history, to a third party without the
				  consent of a customer. Utilities may accept oral certification from a social
				  service agency that they have received authorization from the customer to
				  discuss that customer's account information. A utility may also share customer
				  information with State, County, tribal and local emergency management agency
				  personnel when the customer information is requested as part of that agency's
				  response to an emergency situation. In addition, a utility may also share
				  customer information with sewer and sanitary departments or districts to the
				  extent necessary to allow these entities to bill customers for services
				  rendered.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 660 - CONSUMER PROTECTION STANDARDS FOR WATER UTILITIES › Section 407-660-5 - CUSTOMER RIGHTS

Current through 2024-29, July 17, 2024
Each utility must include a summary of customers' rights and
				  responsibilities under this Rule on their website or make available, under
				  Section
				  1(B)(5) of this Rule,
				  to customers a paper copy of the rights and responsibilities at the utility's
				  office. Water utilities meeting the criteria identified under the small utility
				  exemption are allowed to keep a current paper version of Chapter 660 in lieu of
				  the requirements below. The summary must contain information concerning, but
				  not limited to:
A. procedure for
				billing and for estimated billing;
B. methods for customers to verify the
				accuracy of their bills;
C. payment
				methods, locations, late fees (if any) and optional payment programs and
				appurtenant fees offered by the utility;
D. security deposit and guarantee
				requirements;
E. procedures for
				disconnection and reconnection of service;
F. the utility's ability to remotely
				disconnect service, if applicable;
G. the utility's dispute
				procedures;
H. the customer's right
				to bring any unresolved disputes to the CAD;
I. the CAD's toll-free consumer telephone
				number, and mailing and email addresses;
J. procedure for providing third party
				notices; and
K.  telephone number,
				mailing and email addresses of the utility.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 660 - CONSUMER PROTECTION STANDARDS FOR WATER UTILITIES › Section 407-660-6 - APPLICATION FOR SERVICE

Current through 2024-29, July 17, 2024
A.
Applications for Service
. An application for service may be made
				by either the owner or occupant of the establishment to be served. If a new
				service connection or other work on the owner's premise is required, the owner
				must authorize the water utility to enter the premises to perform the necessary
				work.
B.
Obligation to
				Provide Service
A utility may not refuse to provide service to an applicant,
				  except as provided for below.
1.
Residential Applicants
A utility may deny service to a residential applicant who
				  fails to meet any of the following conditions.
a.
Payment of past overdue
				amount
. A utility may condition the granting of service on a residential
				applicant paying a past overdue amount for basic service provided by that
				utility if the applicant accrued the debt within the previous 6 years, provided
				that:
i. If the utility is aware of the debt
				before service is initiated, the utility must offer a payment arrangement to a
				residential applicant on the undisputed overdue balance before service is
				initiated; and
ii. If the utility
				discovers the debt after it has granted service, the utility has 60 days from
				the date of the applicant's request for service to provide written notice to
				the customer of the outstanding debt and its intention to collect the
				outstanding debt. If a utility does not notify the applicant of its intent to
				collect the outstanding debt within the 60-day time period, the utility is
				prohibited from transferring the debt to the applicant's current account. The
				utility must allow the customer at least 30 days after receipt of the written
				notice to pay the debt or enter into a payment arrangement. If the customer
				fails to respond during this time period, the unpaid amount may be transferred
				to the customer's current account and disconnection procedures may be initiated
				for failure to pay or make a payment arrangement. A utility may demand payment
				of a past overdue amount after the 60-day period has passed if the utility was
				unable to discover evidence justifying the demand within the 60 days due to
				either fraud or material misrepresentation by the
				applicant.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 660 - CONSUMER PROTECTION STANDARDS FOR WATER UTILITIES › Section 407-660-7 - DEPOSITS FOR APPLICANTS AND CUSTOMERS

Current through 2024-29, July 17, 2024
A.
Residential Applicants
A utility may demand a deposit from a residential applicant
				  only if one or more of the following circumstances apply:
1. An undisputed account balance for
				residential utility service incurred in Maine is unpaid at the time that the
				applicant requests service. The unpaid balance must be either:
a. for service provided by the utility from
				whom the applicant requests service within the previous six years; or
b. for residential utility service provided
				by any utility within the previous 12 months.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 660 - CONSUMER PROTECTION STANDARDS FOR WATER UTILITIES › Section 407-660-8 - BILLING AND PAYMENT STANDARDS

Current through 2024-29, July 17, 2024
A.
Bill
				Frequency
A utility shall bill on a regular recurring basis, either
				  quarterly or monthly, at the utility's discretion. A utility may choose an
				  alternate method for billing its seasonal customers, as specified in its terms
				  and conditions.
B.
Due
				date of Bills
The due date of a bill must be at least 25 days after the
				  bill is mailed or otherwise delivered to the customer. A bill is considered
				  "mailed" on the date the bill is postmarked. If there is no postmark, the
				  utility shall date the bill and mail the bill on or before the date on the
				  bill.
C.
Bill
				Content
Each bill issued by a utility shall clearly state the
				  following minimum information:
1. The
				beginning and ending dates of the period for which service was
				provided.
2. The beginning and
				ending meter readings for the billing period and the difference between the two
				meter readings, unless the customer's usage was estimated for that billing
				period pursuant to Section 8(L) of this Rule or the customer's meter was
				changed out by the utility during that billing period.
3. The last date by which payment must be
				made and that after this date the account will be considered overdue and late
				fees imposed, if authorized.
4. The
				amount due for service provided during the current billing period.
5. An itemization of State taxes.
6. An itemization of all other current unpaid
				charges, including, if applicable, installation fees, reconnection fees,
				deposit payments, and late payment fees which have accrued to the customer's
				account. A utility may not separately list line items on the bill that do not
				represent a separate, discrete utility service or a State tax.
7. The total amount of all payments or other
				credits made to the customer's account during the current billing period,
				except that utilities that bill quarterly do not have to comply with this
				requirement.
8. The amount overdue,
				if applicable.
9. The account
				balance.
10. A clear and
				conspicuous marking of all estimates.
11. The address and telephone number where
				the customer may write or call to ask questions or dispute the bill with the
				utility.
12. A designation of the
				applicable class of service as stated in the utility's approved rate
				schedule.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 660 - CONSUMER PROTECTION STANDARDS FOR WATER UTILITIES › Section 407-660-9 - PAYMENT ARRANGEMENTS

Current through 2024-29, July 17, 2024
A.
Payment
				Arrangement Required
A utility shall continue to serve a customer who does not pay
				  an account balance in full if the customer agrees to enter a payment
				  arrangement for the account balance and agrees to pay each future bill for
				  service on or before the due date of the bill until the payment arrangement is
				  completed. A payment arrangement may involve a single or multiple
				  payments.
B.
Written
				Confirmation of Payment Arrangement
A utility shall mail or deliver to the customer a written
				  confirmation of a payment arrangement that requires two or more payments within
				  3 business days after a payment arrangement is established. The written
				  confirmation shall:
1. inform the
				customer of the terms of the payment arrangement;
2. include the address and toll free
				telephone number of the CAD; and
3.
				inform the customer of the utility's right to issue a 3-day disconnection
				notice for failure to comply with a payment arrangement.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 660 - CONSUMER PROTECTION STANDARDS FOR WATER UTILITIES › Section 407-660-10 - DISCONNECTIONS

Current through 2024-29, July 17, 2024
A.
When Disconnection Procedures Can
				Begin
A utility may begin disconnection procedures without the
				  consent of the customer or occupant only if one or more of the following
				  conditions exist:
1. The customer does
				not pay or make a payment arrangement on an undisputed overdue amount that is
				more than $50.00. A utility can disconnect service for an overdue amount of
				less than $50.00 only if the overdue amount is more than 90 days old or the
				utility bills 4 times a year or less. For utilities that have the right to
				disconnect water service for the non-payment of sewer charges, a utility may
				begin disconnection procedures without the consent of the customer or occupant
				when the undisputed amount overdue for the combined water and sewer charges is
				more than $100.00. A utility can disconnect service for an overdue amount of
				less than $100.00 only if the overdue amount is more than 90 days or the
				utility bills 4 times a year or less.
2. The customer does not make payment
				according to the terms of a payment arrangement.
3. The customer does not pay or make a
				payment arrangement for a deposit or provide a third-party guarantor according
				to the provisions of Section
				7;
4. Service is being used, but no occupant or
				other person has applied for customer status.
5. The customer unreasonably refuses to allow
				access to the premises to install or read a meter or for the necessary
				inspection or repair of utility property.
6. There is unauthorized use (as that term is
				defined in Section
				2 (DD)) of the utility service
				delivered to the affected premises.
7. The utility has reason to believe there is
				fraud or that the customer has materially misrepresented his or her identity to
				obtain utility service without complying with the provisions of this
				Rule.
8. The occupant's service
				poses a threat to the safety of any person or the integrity of the utility
				delivery system.
9. The utility
				receives a directive from the State Inspector or local code enforcement officer
				to disconnect service for safety reasons.
10. The customer does not comply with a
				decision of the CAD or the Commission according to Section
				13.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 660 - CONSUMER PROTECTION STANDARDS FOR WATER UTILITIES › Section 407-660-11 - CONTINUATION OF UTILITY SERVICE IS REQUIRED FOR RESIDENTIAL CUSTOMERS WITH A SERIOUS MEDICAL CONDITION

Current through 2024-29, July 17, 2024
A.
Basic
				Service is Required for Residential Customers When a Medical Condition
				Necessitates a Continuation of Service
A utility may not disconnect service and may not refuse to
				  connect or reconnect service to any residential customer when the customer or
				  an occupant of the customer's residence is certified by a physician or the
				  physician's agent or designee to have a serious medical condition.
B.
Disconnection Postponed
				Pending Certification
If the customer or member of the customer's household
				  notifies the utility that the customer or an occupant of the customer's
				  residence has a serious medical condition and that certification of the medical
				  condition will be obtained, the utility may not disconnect service for at least
				  3 business days. The effective period of a pending disconnection notice can be
				  extended to accommodate this 3-day period if the utility notified the customer
				  of the extension at the time the utility was notified of the medical
				  condition.
C.
Certification Procedure
A physician's certification of a medical condition may be
				  oral or written. A utility may not challenge the validity of an oral or written
				  certification with a physician or a physician's agent, unless the utility has
				  reason to believe that fraudulent information has been provided by the
				  customer. If the utility has reason to believe that certification is not valid,
				  it should file a request for an exemption of this Section with the CAD. The
				  utility may require written confirmation within 7 days of an oral
				  certification. The utility may require that a written certification include the
				  following if the utility provides a form for the physician to complete:
1. The name and service location of the
				customer (to be provided by the utility).
2. The name and address of the person with
				the serious medical condition.
3. A
				statement that a serious illness or medical condition exists which would be
				seriously aggravated by lack of utility service.
4. The anticipated length of the medical
				emergency.
5. The specific reason
				why continued service is required.
6. The name, office address, telephone number
				and signature of the certifying physician.
If the written certification is not provided within the 7-day
				  period, the utility may proceed with disconnection pursuant to Section
				  10(D)(3).
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 660 - CONSUMER PROTECTION STANDARDS FOR WATER UTILITIES › Section 407-660-12 - RECONNECTION OF SERVICE

Current through 2024-29, July 17, 2024
A.
Duty to
				Reconnect
If service has been disconnected, the utility must reconnect
				  service pursuant to this Section when the cause of disconnection has been
				  remedied.
B.
Payment
				Arrangement, Deposit
1.
Residential Customers
A utility must offer the customer a reasonable payment
				  arrangement on the account balance if the disconnection was for nonpayment and
				  the customer was not on a payment arrangement at the time of the disconnection.
				  If the cause of the disconnection was a broken payment arrangement, the utility
				  may require the customer to pay the catch-up amount on the arrangement, in
				  addition to a deposit if a deposit is allowed by Section
				  7(A) of this Rule,
				  and a reconnection fee as a prerequisite for reconnection. In these situations,
				  the utility must offer the customer the option of paying the deposit in three
				  monthly installments consistent with the process described in Section
				  7(F)(1)  of this
				  Chapter. If the utility demands a deposit from a residential customer that was
				  not on a payment arrangement at the time of the disconnection before
				  reconnecting the service, the utility must offer the following options to the
				  customer:
a. pay the deposit and enter
				into a payment arrangement for the amount overdue;
b. pay the amount overdue and enter into a
				payment arrangement for the deposit; or
c. pay the deposit and amount overdue in
				full.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 660 - CONSUMER PROTECTION STANDARDS FOR WATER UTILITIES › Section 407-660-13 - DISPUTE RESOLUTION Procedures

Current through 2024-29, July 17, 2024
A.
Employees
				Available
A utility shall have an adequate number of properly trained
				  employees available during business hours to respond to questions from
				  applicants and customers, resolve disputes, and address requests for service.
				  Customers calling the utility must be provided the opportunity to talk to a
				  live customer representative without spending an unreasonable amount of time on
				  hold and without being forced to navigate through an unreasonable number of
				  menu levels in an automated phone answer system. If a customer call is not
				  automatically forwarded to a live person once a menu option is selected, the
				  option to speak to a live representative must be provided as a menu choice. A
				  utility with fewer than 5 full-time employees or fewer than 300 customers is
				  not required to have an informed employee available at all times during
				  business hours. If such a utility achieves contact with a customer before
				  disconnection, the utility must not disconnect the customer until it has
				  offered the customer the opportunity to resolve a dispute or to avoid
				  disconnection by contact with the employee who is authorized to resolve
				  disputes and enter into payment arrangements.
B.
Disconnection of Service
				Prohibited
A utility may not threaten disconnection or disconnect the
				  service of a customer if the customer has informed the utility that the
				  customer disputes liability for the bill, a utility's deposit request, or the
				  terms of a payment arrangement required by a utility to avoid disconnection,
				  until the dispute is resolved pursuant to subsection C below. When a customer
				  disputes only a portion of the bill, the utility may require payment of that
				  portion not in dispute to prevent disconnection.
C.
Dispute Resolution Process
When a utility becomes aware of a dispute by an applicant or
				  customer, whether or not disconnection is pending, the utility shall:
1.
Investigate Dispute
Investigate the dispute, preserving a record of the substance
				  and results of the investigation;
2.
Report Results
Report the results of its investigation to the applicant or
				  customer based on the record; and
3.
Attempt to Resolve Dispute
Attempt in good faith to resolve the
				  dispute.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 660 - CONSUMER PROTECTION STANDARDS FOR WATER UTILITIES › Section 407-660-14 - CUSTOMER NOTICE OF PLANNED AND UNPLANNED SERVICE INTERRUPTIONS DUE TO MAINTENANCE OR REPAIRS

Current through 2024-29, July 17, 2024
The term "interruption" in this subsection means either a
				  cessation of service or a substantial degradation in the quality of service
				  normally provided. A utility may temporarily interrupt service when it is
				  necessary to repair or maintain the utility delivery system (planned or
				  unplanned); to eliminate an imminent threat to life, health, safety or
				  substantial property damage; or for reasons of local, state or national
				  emergency.
A.
Reasonable Notice
				Required
When the utility schedules a service interruption for
				  maintenance or repairs, the utility must give reasonable notice of the cause
				  and expected duration of the interruption to customers and occupants who may be
				  affected. If the service interruption is scheduled to affect more than 10
				  customers or a single commercial customer on a dedicated line, or last more
				  than 5 hours, reasonable notice means 3 days if feasible, but 24 hours at a
				  minimum. In other cases reasonable notice means notice as soon as
				  practicable.
B.
Notification of Affected Customers
When service is interrupted without notice for more than 5
				  hours, the utility must make reasonable efforts to notify affected customers
				  and occupants of the cause and expected duration of the interruption as soon as
				  possible. A utility may give priority to restoration of service when it is
				  impossible to both restore service and notify customers at the same
				  time.
C.
Method of
				Notification
Notice required by paragraphs A and B can be given by the
				  method best suited to the nature of the interruption, the size of the area
				  affected, the time of year, and the resources available to the utility. Notice
				  includes, but is not limited to, personal visits to affected premises, an
				  advertisement in local papers where the interruption will or is taking place,
				  posting outage information on a website, or making outage information available
				  to customers that call the utility.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 660 - CONSUMER PROTECTION STANDARDS FOR WATER UTILITIES › Section 407-660-15 - ANNUAL REPORTS TO THE COMMISSION

Current through 2024-29, July 17, 2024
A. Every
				utility must file the following information with the CAD by April 15 of each
				year, with the information listed separately for residential and
				non-residential customers (unless otherwise specified):
1. billing period used by utility;
2. the average number of accounts receiving
				service (to obtain the annual average, sum the month-end totals and divide by
				12);
3. the average customer bill
				per billing period and per year (divide the total residential revenues
				receivable by the number of bills issued);
4. the average number of accounts with
				overdue amounts per billing period (an overdue amount is the amount billed to
				the customer that was not paid by the due date of the bill or by a date
				otherwise agreed upon);
5. the
				average dollar amount of overdue amounts per billing period;
6. the number of disconnection notices issued
				per billing period;
7. the number
				of disconnections for any reason other than at the request of the customer or
				the abandonment of the premises per billing period;
8. the number of residential reconnections
				following disconnection without consent per month (do not include requests for
				service by new customers);
9. the
				number of residential reconnections following disconnection without consent per
				month where the service was placed in another person's name;
10. the number of payment arrangements
				negotiated by type;
11. the number
				of deposits requested and received and their average dollar amount;
12. the number of applications for service
				that were denied;
13. the number of
				residential applications for service in which the utility demanded a deposit or
				payment arrangement according to Section
				6(A)(1)(a) (ii)
				(after the request for service, but within 60 days);
14. the gross revenue received;
15. the actual write off amounts and method
				used to ascertain those figures (and any other figures which reflect
				uncollectible amounts);
16. the
				amount recovered from previously written off amounts and method used to
				ascertain those figures
17. the
				number of cases and dollar amount of unpaid debt pursued through the court
				system or other means, the costs of collection by each method, with an
				identification of those accounts in which the utility could have but did not
				transfer the prior debt to a current account according to Section
				6(A)(1)(a) and
				6(C); and 18. the
				total number of customer disputes handled.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 660 - CONSUMER PROTECTION STANDARDS FOR WATER UTILITIES › Section 407-660-16 - WAIVERS

Current through 2024-29, July 17, 2024
The Commission may grant waivers to the provisions of this
				  Rule.
A.
Utility Waiver
Upon the written request of any utility subject to this Rule
				  or upon its own motion, the Commission may, for good cause, waive any
				  requirement of this Rule that is not required by statute. The waiver may not be
				  inconsistent with the purposes of this Rule or Title 35-A. The Commission, the
				  Director of the CAD, or the Hearing Examiner assigned to a proceeding related
				  to this Rule, may grant the waiver.
B.
Individual Customer Waiver
1.
Request Requirements
A utility may request that the CAD grant a waiver from any
				  provision of this Rule in any case involving an individual applicant or
				  customer whose conduct and known financial condition pose a clear danger of
				  substantial losses to the utility. A request for waiver under this subsection
				  must be made to the CAD. The request may be written or oral, but an oral
				  request must be followed promptly by a written confirmation. The written
				  request or confirmation shall include a detailed statement of the facts alleged
				  by the utility in support of the request. The utility shall immediately notify,
				  in writing, the individual applicant or customer whose service would be
				  affected by the proposed waiver, describing the nature and effect of the
				  requested waiver and the facts alleged in support of the request.
2.
CAD Review
The CAD may reject any request for waiver that does not
				  present facts that satisfy the standard of Section
				  15(B)(1)
				  above.
3.
Decision
The CAD shall issue a written decision granting, denying, or
				  granting in part the requested waiver. When the CAD determines that a waiver is
				  required to avoid a clear danger of substantial losses to the utility, it shall
				  notify the customer and the utility of the decision. The notification may be
				  made orally, but a written confirmation of the decision must be promptly
				  issued. The decision or written confirmation shall:
a. describe the nature and effect of the
				waiver;
b. explain why the waiver
				was granted or denied; and
c.
				inform the customer and the utility of the right to appeal the CAD's decision
				to the Commission, as provided in Section 16(B)(4) below.
4.
Appeal of Waiver Decision to
				Commission
By following the procedures in Section
				  13(H) of this Rule,
				  a party may appeal a decision by the CAD granting or denying, in whole or in
				  part, a request for an exemption. If the CAD grants an exemption, the utility
				  may not act on the exemption until the appeal period expires.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 675 - INFRASTRUCTURE SURCHARGE AND CAPITAL RESERVE ACCOUNTS › Section 407-675-1 - STATEMENT OF PURPOSE

Current through 2024-29, July 17, 2024
The purpose of this chapter is to establish guidelines and
				  procedures for the implementation of infrastructure replacement surcharges and
				  the funding of capital reserve accounts by water utilities and corresponding
				  reporting requirements.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 675 - INFRASTRUCTURE SURCHARGE AND CAPITAL RESERVE ACCOUNTS › Section 407-675-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
The following terms have the following meanings:
A.
Capital Reserve Accounts
.
				"Capital reserve accounts" means revenue collected and maintained in a fund to
				pay for future replacement and repair of qualifying infrastructure
				projects.
B.
Consumer -Owned
				Water Utility.
"Consumer-owned water utility" has the same meaning here
				as in
				35-A M.R.S.§6101
C.
Infrastructure.
"Infrastructure" means the stationary physical plant assets needed to operate a
				water system. This definition includes, but is not limited to, water mains,
				storage tanks, and pumping facilities.
D.
Temporary Surcharge for
				Infrastructure Replacement or Repair.
"Temporary Surcharge for
				Infrastructure Replacement or Repair" means a temporary surcharge to allow
				recovery of the costs of completed replacement or repairs of water system
				infrastructure.
E.
Water
				Utility.
"Water Utility" has the same meaning here as in
				 35-A M.R.S.
				§102(22). For the
				purpose of this rule, the following terms have the following meanings:
1. "Large water utility" means a water
				utility with total annual revenues of at least $750,000 during the most recent
				fiscal year.
2. "Medium water
				utility" means a water utility with total annual revenues of less than $750,000
				and at least $250,000 during the most recent fiscal year; and
3. "Small water utility" means a water
				utility with total annual revenues of less than $250,000 during the most recent
				fiscal year.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 675 - INFRASTRUCTURE SURCHARGE AND CAPITAL RESERVE ACCOUNTS › Section 407-675-3 - INFRASTRUCTURE NEEDS ASSESSMENT

Current through 2024-29, July 17, 2024
A water utility must a file a System Infrastructure
				  Assessment with the Commission not less than 90 days before implementing a
				  temporary infrastructure replacement surcharge or filing a general rate case in
				  which proposed rates include amounts for the establishment of a capital reserve
				  account. When a water utility must undertake a project that was not foreseen
				  when filing its System Infrastructure Assessment and the water utility wishes
				  to reflect that project in either the calculation of the Surcharge or the use
				  of funds from the Capital Reserve Account, it may file a revision to reflect
				  the new project. However, any revisions must be filed no later than the filing
				  of the Surcharge Request and within 30 days of the use of any funds from an
				  existing Capital Reserve Account.
A.
System Infrastructure Assessment
The System Infrastructure Assessment shall include, for each
				  infrastructure replacement or repair project, the following information:
1. Description of the water utility's
				source(s) of supply,
2. Description
				of the treatment facilities and year(s) installed,
3. Miles of transmission mains and general
				range of age of mains,
4.
				Description of the distribution facilities, including storage tanks, booster
				stations and water mains, including year(s) installed for major facilities and
				general range of age of mains,
5.
				Statement describing the need for the replacement or repair project, the age of
				the relevant infrastructure, and the identification of any adverse effects on
				water quality associated with the existing infrastructure,
6. Estimate of the cost of the project and
				the identification of any external funding sources for the project,
				and
7. Estimate of the year in
				which the project might be commenced, and the expected time necessary to
				complete the project once it is commenced.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 675 - INFRASTRUCTURE SURCHARGE AND CAPITAL RESERVE ACCOUNTS › Section 407-675-4 - MAXIMUM FUNDS RECOVERED

Current through 2024-29, July 17, 2024
A.
Temporary
				Surcharge for Infrastructure Replacement or Repair
1.
Large water utilities
. A
				large water utility shall not implement or modify any Temporary Surcharge for
				Infrastructure Replacement or Repair that would result in an increase in
				revenue requirements greater than 3% of current revenue requirements, or if the
				modification of a surcharge would result in an increase in revenue requirements
				of greater than 10% over rates in effect after the last general rate increase;
2.
Medium water
				utilities
. A medium water utility shall not implement a or modify any
				Temporary Surcharge for Infrastructure Replacement or Repair that would result
				in an increase in revenue requirements greater than 5% of current revenue
				requirements or if the modification of a surcharge would result in an increase
				in revenue requirements of greater than 15% over rates in effect after the last
				general rate increase;
3.
Small water utilities
. A small water utility shall not implement
				or modify any Temporary Surcharge for Infrastructure Replacement or Repair that
				would result in an increase in revenue requirements greater than 7.5% of
				current revenue requirements, or if the modification of a surcharge would
				result in an increase in revenue requirements of greater than 20% over rates in
				effect after the last general rate increase.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 675 - INFRASTRUCTURE SURCHARGE AND CAPITAL RESERVE ACCOUNTS › Section 407-675-5 - AUTHORIZED USES

Current through 2024-29, July 17, 2024
A.
Temporary
				Surcharge for Infrastructure Replacement or Repair
1. A Temporary Surcharge for Infrastructure
				Replacement or Repair may be implemented pursuant to this rule to recover the
				costs of construction of completed projects that are identified in the
				utility's System Infrastructure Assessment and are necessary to the
				transmission, distribution, and treatment of water. For the purposes of this
				chapter, a project is considered completed when it is being used to provide
				service to the water utility's customers. No project shall be included in the
				calculation of the surcharge if the project was completed on or before the
				enactment of the legislation authorizing the surcharge or August 30,
				2012.
2. Increased operating costs
				resulting from an infrastructure replacement or repair project may not be
				recovered through the imposition of a Temporary Surcharge for Infrastructure
				Replacement or Repair.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 675 - INFRASTRUCTURE SURCHARGE AND CAPITAL RESERVE ACCOUNTS › Section 407-675-6 - RATEMAKING TREATMENT

Current through 2024-29, July 17, 2024
A.
Temporary
				Surcharge for Infrastructure Replacement or Repair
1.
Calculation of Surcharge
A water utility implementing a Temporary Surcharge for
				  Infrastructure Replacement or Repair shall calculate the Surcharge Revenue
				  Requirement necessary to recover the construction costs of completed projects
				  and allocate that Surcharge Revenue Requirement to the customer classes as
				  described below. A water utility that has implemented a Temporary Surcharge for
				  Infrastructure Replacement or Repair may adjust the amount of revenue recovered
				  through the surcharge no more than twice in any 12 month period. A water
				  utility that elects to recalculate its Temporary Surcharge for Infrastructure
				  Replacement or Repair more than once in a 12 month period must adjust its
				  annual revenue requirement to reflect the adopted recovery period for the
				  project. Upon the effective date of new base rates, the surcharge will be
				  rolled back to zero.
a.
Revenue
				Requirement
The calculation of the revenue requirement to be recovered
				  through a Temporary Surcharge for Infrastructure Repair or Replacement shall
				  include:
i. Depreciation Expense -
				calculated pursuant to Chapter 68 of the Commission's rules
ii. Increases in property taxes where
				applicable
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 675 - INFRASTRUCTURE SURCHARGE AND CAPITAL RESERVE ACCOUNTS › Section 407-675-7 - REPORTING REQUIREMENTS

Current through 2024-29, July 17, 2024
A water utility shall provide an annual report updating its
				  System Infrastructure Assessment Report, details on expected and actual
				  collections from the Temporary Surcharge and details on its capital reserve
				  account. This reporting shall be made in conjunction with the filing of the
				  annual PUC report due on April 1 of each year.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 675 - INFRASTRUCTURE SURCHARGE AND CAPITAL RESERVE ACCOUNTS › Section 407-675-8 - WAIVERS

Current through 2024-29, July 17, 2024
Upon the written request of any utility subject to this Rule
				  or upon its own motion, the Commission may, for good cause, waive any
				  requirement of this Rule that is not required by statute. The waiver may not be
				  inconsistent with the purposes of this Rule or Title 35-A. The Commission, the
				  Director of Telephone and Water Industries, or the Presiding Officer assigned
				  to a proceeding related to this Rule, may grant the waiver.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 691 - SALE OF WATER RESOURCE LAND › Section 407-691-1 - Definition

Current through 2024-29, July 17, 2024
A. Consumer-Owned Water Utility.
				"Consumer-owned water utility" means any water utility, as defined in
				 35-A M.R.S.A.
				§6101(1-A), which is
				wholly owned by its consumers, including, but not limited to, any municipal or
				quasi-municipal water district or corporation, municipal water department or
				the water portion of any utility wholly owned by a municipality or
				district.
B. Sale. "Sale" means a
				conveyance or transfer of title to water resource land from the utility to
				another person or entity. For the purposes of this rule, "sale" shall also mean
				an assignment of a property right, a land lease of more than twenty years, a
				grant of an easement or any other encumbrance of the land, whereby the utility
				gives up for consideration rights to the use of a substantial part of the land
				surface. "Sale" does not include a transfer in accordance with or pursuant to
				statutory or contractual rights which predate the effective date of this rule.
				"Sale" does not include sales of land or easement to public utilities for
				public utility purposes. "Sale" does not include transfers to municipalities or
				state agencies that could be subject to condemnation under eminent domain
				proceedings.
C. Transfer.
				"Transfer" means "sale" as defined above in 1(B).
D. Utility. "Utility" means a consumer-owned
				water utility.
E. Water resource
				land. "Water resource land" means any land or real property owned by a water
				utility for the purposes of providing a source of supply, storing water or
				protecting sources of supply or water storage, including reservoirs, lakes,
				ponds, rivers or streams, wetlands and watershed areas, and contains greater
				than five contiguous acres. "Water resource land" does not include any land on
				which a utility has built a facility that is used exclusively for storing water
				as part of that utility's transmission and distribution system.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 691 - SALE OF WATER RESOURCE LAND › Section 407-691-2 - Notice of intent to sell

Current through 2024-29, July 17, 2024
Whenever a consumer-owned water utility intends to sell or
				  transfer water resource land, the utility shall provide the following
				  notices:
A. Notice to the Commission.
				At least eight months prior to the sale of water resource land, the utility
				shall notify the Commission of the utility's intent to sell the land. The
				notice to the Commission shall contain the following:
(i) Legal and physical descriptions and a
				plot plan of the property to be sold.
(ii) A statement explaining the reasons why
				the utility intends to sell the land.
(iii) A statement explaining why the utility
				no longer needs the land to provide utility service.
The Commission may, in its discretion, request that
				  additional data be provided, in order to fully evaluate the sale under this
				  rule.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 691 - SALE OF WATER RESOURCE LAND › Section 407-691-3 - Sale at price below market value

Current through 2024-29, July 17, 2024
A. Not
				considered unreasonable. A sale or transfer of water resource land shall not be
				considered unreasonable or imprudent solely by reason of its sale at a price
				below market value provided that the utility has fully complied with all
				provisions of this rule and
				 35-A M.R.S.A.
				§6109.
B. Use restrictions. Before the sale or
				transfer of water resource land under this rule at a price below market value,
				the utility must certify, or provide evidence to the Commission that the land
				will be transferred subject in perpetuity to such easements or deed
				restrictions, enforceable at law, as are necessary to restrict the land to the
				uses specified in
				 35-A M.R.S.A.
				§6109(3).
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 691 - SALE OF WATER RESOURCE LAND › Section 407-691-4 - Providing customers with information regarding the sale and mechanism for obtaining PUC review

Current through 2024-29, July 17, 2024
A. Meeting. Upon
				the successful completion of negotiations of a sale, the utility shall hold a
				meeting, the purpose of which is to inform the customers of the price, terms,
				and conditions of the proposed sale. The meeting shall occur at least 60 days
				prior to the proposed date of sale or transfer while allowing for ample notice
				to customers as provided in 4(B) below.
B. Notice of the meeting. Notice of the
				meeting shall be made by both of the following methods:
(i) By mail. The notice shall be made
				individually to each customer by regular mail at least 14 days before the
				meeting.
(ii) By publication. The
				utility shall provide newspaper notice of the meeting in a newspaper of general
				circulation in the area served by the utility.
(iii) The utility shall provide written
				notice to any other water utility that has charter rights to the surface water
				supply directly associated with the water resource land being sold.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 691 - SALE OF WATER RESOURCE LAND › Section 407-691-5 - Right of first refusal

Current through 2024-29, July 17, 2024
A. Assignable right
				of first refusal. The municipality in which the water resource land is located
				shall have an assignable right of first refusal to purchase the water resource
				land as provided by
				 35-A M.R.S.A.
				§6109(5).
B. No binding contract for the sale of the
				water resource land under this chapter shall be concluded with any buyer unless
				the water resource land has been offered to the municipality or municipalities
				in which the water resource land is located under the same price, terms, and
				conditions that have been offered to the other buyer.
C. Once an offer to the municipality or
				municipalities has been made under section
				5(B) above, the
				municipality shall have at least 90 days to either accept or reject the offer
				upon the same terms and conditions of an offer to or from another buyer. The
				municipality or municipalities may apply to the Commission for an extension of
				the ninety day period. The Commission, may, in its discretion, approve such an
				extension for a reasonable period of time.