Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 655 - INTERAGENCY REVIEW PANEL › Chapter 1 - BYLAWS, ADMINISTRATION, AND THE ENERGY INFRASTRUCTURE PROPOSAL AND REVIEW PROCESS › Section 655-1-II - ENERGY INFRASTRUCTURE PROCESS

Current through 2024-29, July 17, 2024
A.
GENERAL
1.
Purpose
The purpose of this Rule is to comply with Maine Revised
				  Statutes Title 35-A § 122 E nergy Infrastructure Corridors and to define a
				  process for any proposal to use an energy infrastructure corridor.
2.
Applicability
This Rule applies to any energy infrastructure proposal that
				  is within the jurisdiction of the Panel as defined by Title 35-A M.R.S.A.
				  §122.
3.
Definitions
The following words and terms, when used in this Rule, shall
				  have the following meanings, unless the context clearly indicates
				  otherwise.
a
Conflict of
				interest
: Situation where a person, because of other activities or
				relationships with other persons, gives, or may potentially give, any Proposer
				an unfair competitive advantage. As used in this definition, the term "person"
				includes both individuals and entities. Members are governed by the conflict of
				interest provisions of Title 5, section 18. If a member believes that a
				conflict of interest may require that member's abstention in a proceeding,
				unless the member in question decides to abstain, the question of the conflict
				of interest must be submitted to a vote of the members present, excluding the
				member in question.
b
Energy
				Infrastructure
: Includes electric transmission and distribution
				facilities, natural gas transmission lines, carbon dioxide pipelines and other
				energy transport pipelines or conduits. "Energy infrastructure" does not
				include:
(1) Generation interconnection
				transmission facilities;
(2) Energy
				generation facilities; or
(3)
				Electric transmission and distribution facilities or energy transport pipelines
				that cross an energy infrastructure corridor or are within an energy
				infrastructure corridor for a distance of less than 5 miles.
c
LOI
: Letter of
				interest indicating intent to pursue a project involving the location of energy
				infrastructure within a designated statutory corridor(s).
d
Memorandum of Understanding
				(MOU)
: A document describing an agreement between the Panel, the
				Proposer and the owner/controller of the corridor on the specifics of a
				Proposal, including the procedures for the Technical review which shall include
				the terms for reimbursements of reasonable costs incurred by the Panel in
				evaluation of the Proposal.
e
Occupancy Agreement
: A contractual relationship between the Panel,
				Owner and/or Controller of the corridor and the Proposer to occupy an area
				within an energy infrastructure corridor to construct, maintain and operate
				energy infrastructure for a specified period of time.
f
Panel
: The Interagency Review
				Panel as defined in 35-A M.R.S.A. §122, 1-B.
g
Panel's Web Site or Web Site
:
				The Panel's official web site is hosted by the Governor's Office of Energy
				Independence and Security and is available at the following address:
http://www.maine.gov/oeis/irp/
.
h
Proposal
: A formal
				application to develop, design, construct, operate and/or maintain energy
				infrastructure in a statutory corridor pursuant to the requirements in Section
				II(D)(3).
i
Proposer
:
				Any entity, including any division or affiliate of the entity, that has
				submitted a LOI or Proposal in order to initiate or participate in a
				procurement for the development, design, construction, operation, or
				maintenance of energy infrastructure.
j
State
: State of
				Maine.
4.
Criteria
				for Selection of Projects for Energy Infrastructure
a The Panel will approve an application only
				if the proposed project:
(1) Materially
				enhances or does not harm transmission opportunities for energy generation
				within the State;
(2) Is reasonably
				likely to reduce electric rates or other relevant energy prices or costs for
				residents and businesses within the State relative to the value of those rates,
				prices or costs but for the proposed energy infrastructure development or, if
				the deciding authority is unable to determine to its satisfaction the impact of
				the proposal on rates, prices or costs, the owner or operator of the proposed
				energy infrastructure agrees to pay annually an amount of money, determined by
				the deciding authority, to reduce rates, prices or costs over the life of the
				proposed energy infrastructure; and
(3) Is in the long-term public interest of
				the State, based on a consideration of the extent to which the project:
i. Materially enhances or does not harm
				transmission opportunities for energy generation within the State;
ii. Is reasonably likely to reduce electric
				rates or other relevant energy prices or costs for residents and businesses
				within the State relative to the expected value of those electric rates or
				other energy prices or costs but for the proposed energy infrastructure
				development;
iii. Increases
				long-term economic benefits for the State, including but not limited to direct
				financial benefits, employment opportunities and economic
				development;
iv. Ensures efficient
				use of the statutory corridor through collocation of energy infrastructure,
				collaboration between energy infrastructure developers, potential for
				enhancement of other priority state policies including integrated
				telecommunications and broadband infrastructure expansions, and the
				preservation of options for future uses;
v. Minimizes conflict with the public
				purposes for which the state-owned land or asset is owned and any management
				plans for the land or asset within the statutory corridor and, when necessary,
				mitigates unavoidable impacts;
vi.
				Limits and mitigates the effects of energy infrastructure on the landscape,
				including but not limited to using underground installation when economically
				and technically feasible;
vii.
				Increases the energy reliability, security and independence of the State;
				and
viii. Reduces the release of
				greenhouse gases.