Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 313 - CUSTOMER NET ENERGY BILLING › Section 407-313-4 - CONSUMER PROTECTIONS

Current through 2024-29, July 17, 2024
A.
Applicability.
A project sponsor, or a representative or agent of
				the project sponsor and any entity that markets a shared financial interest to
				residential or small commercial customers shall comply with provisions of this
				section. Project sponsors are responsible for violations of the provisions of
				this section by representatives or agents acting on their behalf.
B.
Trade Practices.
Individuals
				or entities subject to this section must comply with the provisions of the
				Maine Unfair Trade Practices Act, Title 5, chapter 10 and related consumer
				protection statutes. Any finding by an entity of competent jurisdiction that an
				individual or entity violated either the Maine or Federal Unfair Trade
				Practices Act is deemed to be a violation of this section.
C.
Registration.
Individuals or
				entities subject to this section shall register with the Commission. The
				Commission shall adopt standard registration forms and specific filing
				requirements and delegates this task to the Director of Electric and Gas
				Industries.
D.
Financial
				Security.
The Commission may establish a financial security requirement
				for individuals or entities subject to this section. Any such financial
				security shall be held by the transmission and distribution in whose service
				territory the eligible facility is located. Upon a finding that an individual
				or entity has violated provisions of this section, the Commission may direct
				that amounts from the financial security be distributed to (1) customers for a
				refund of security deposits or advanced payments; (2) to customers for
				restitution of amounts paid in error or charges assessed in violation of this
				Chapter; and (3) to the Commission for payment of administrative penalties or
				any other sanction pursuant to this Chapter or applicable statutes. Prior to
				establishing financial security requirements pursuant to this provision, the
				Commission will provide an opportunity for interested persons to comment on
				whether a financial security requirement should be established, the amount of
				any such financial security requirement, and the type of security that should
				be allowed.
E.
Standard
				Disclosures.
Prior to the sale, resale or lease of a financial interest
				in the output of an eligible facility, individuals or entities subject to this
				section must provide a disclosure that, at a minimum, contains the following:
1. A good faith estimate of the annual
				kilowatt-hours to be received by the shared eligible generation resource based
				on the size of the subscriber's shared financial interest;
2. A plain language explanation of the terms
				under which the kilowatt-hour or bill credit will be calculated;
3. A plain language explanation of
				requirements relating to the disposition or transfer of a shared financial
				interest;
4. A plain language
				explanation of the costs and benefits to the potential shared financial
				interest customer, based on the customer's current usage for the term of the
				term of the shared financial interest; and
5. A plain language explanation of renewable
				attributes represented by renewable energy credits and the effect of selling
				the renewable attributes.
The Commission shall adopt by order standard disclosure forms
				  to be used by individuals or entities subject to this section when marketing a
				  shared financial interest in an eligible facility to customers. The Commission
				  may approve modifications to the standard disclosure forms. The Commission
				  delegates to the Director of Electric and Gas Industries the authority to adopt
				  standard disclosure forms and modifications to the standard disclosure
				  forms.