reglab/statecodes huggingface dataset:
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 303 - EMPLOYEE TRANSITION BENEFITS › Section 407-303-3 - Scope of Benefits

Current through 2024-29, July 17, 2024
A. Mandatory
				Benefits
1. An investor-owned electric
				utility must create an employee benefits plan which includes a program to
				assist eligible employees in maintaining fringe benefits and obtaining
				employment which makes use of their potential. The plan must include the
				following benefits:
(a) Retraining services
				and out-placement services and benefits, including intensive
				vocational-interests-and aptitude screening for two years after retail access
				or divestiture;
(b) Full tuition
				for two years at the University of Maine or a vocational or technical school in
				the State or other reasonable retraining services of value equal to full
				instate tuition for two years at the University of Maine, at the discretion of
				the eligible employee;
(c)
				Continued health care insurance at the benefit and contribution levels existing
				during employment with the utility for 24 months or until permanent replacement
				coverage is obtained through reemployment, whichever comes first;
(d) Severance pay equal to two weeks of base
				pay for each year of full-time employment; and
(e) Provisions which allow employees to
				maintain fringe benefits at their own expense.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 303 - EMPLOYEE TRANSITION BENEFITS › Section 407-303-4 - Commission Review of Employee Transition Plans

Current through 2024-29, July 17, 2024
A.
				Filing Requirements
1. Prior to Filing With
				the Commission
Prior to filing its plan with the Commission, a utility must
				  inform its employees and their certified representatives of the provisions of
				  the proposed plan and, in accordance with applicable law, confer with those
				  employees or their certified representatives regarding the impact of the
				  proposed plan on those employees and measures to minimize any resulting
				  hardships on those employees.
2. Filing With the Commission
All investor-owned utilities must file their plan no later
				  then 60 days after the effective date of this Rule.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 303 - EMPLOYEE TRANSITION BENEFITS › Section 407-303-5 - Cost Recovery

Current through 2024-29, July 17, 2024
A. Recovery of
				Costs
The Commission will allocate the reasonable accrual increment
				  cost of all benefits mandated by this Rule to ratepayers through charges to be
				  collected by the transmission and distribution utility.
B. Recovery Proceeding
The Commission will determine the reasonable costs described
				  in §5 A, during an appropriate ratemaking proceeding.
C. Timing of Recovery
The recoverable costs of the employee transition benefits
				  program will be reflected in rates after electric restructuring is implemented
				  on March 1, 2000.
D.
				Accounting by Benefits Administrator
Both the costs of the program and the revenues collected will
				  be accounted for by a benefits administrator in the utility's Human Resources
				  Department or other relevant department. Costs and collections for the program
				  will be accounted for in separately identifiable accounts so that they can be
				  reported to the Commission if requested.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 303 - EMPLOYEE TRANSITION BENEFITS › Section 407-303-6 - Collective Bargaining

Current through 2024-29, July 17, 2024
If an investor-owned electric utility company or one or more
				  of its subsidiary or parent companies is party to a collective bargaining
				  agreement recognized by federal or state law, and if as a result of retail
				  competition any of those companies creates, acquires or merges with any other
				  entity, that entity shall continue to recognize and bargain with the union
				  representing the employees of the company at the time of the creation,
				  acquisition or merger and shall refrain from making unilateral changes in the
				  employees' terms and conditions of employment. In addition, any successor
				  employer is bound to the terms of the collective bargaining agreement to the
				  extent permitted by federal law. Nothing in this section prevents any company,
				  corporation or other business from entering into any collective agreement as
				  allowed by state or federal law.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 303 - EMPLOYEE TRANSITION BENEFITS › Section 407-303-7 - WAIVER

Current through 2024-29, July 17, 2024
For good cause shown, the Commission may waive any of the
				  requirements of this Rule, provided such waiver will not unduly undermine the
				  purposes of this Rule. The Commission may also subsequently rescind, alter or
				  amend any such waiver for good cause.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 304 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED COMPETITIVE ELECTRICITY PROVIDERS › Section 407-304-1 - PURPOSE OF RULE; APPLICATION

Current through 2024-29, July 17, 2024
This Chapter establishes standards of conduct governing the
				  relationship and interactions between a distribution utility and an affiliated
				  competitive provider to promote the development of a fair and efficient
				  competitive retail electricity market.
A distribution utility or an affiliated competitive provider
				  may not use its corporate structure, or any other means, to circumvent the
				  requirements or intent of this Chapter.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 304 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED COMPETITIVE ELECTRICITY PROVIDERS › Section 407-304-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. Advertising or Marketing. Advertising or
				Marketing is:
1 Any communication or activity
				designed or intended to increase the profitability of an entity or to increase
				the recipient's likelihood of purchasing service from the entity; or
2 Any communication or activity that could
				reasonably be viewed by the recipient of the communication or activity as an
				attempt to increase the recipient's likelihood of purchasing a service or
				product.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 304 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED COMPETITIVE ELECTRICITY PROVIDERS › Section 407-304-4 - MARKET SHARE LIMITATIONS

Current through 2024-29, July 17, 2024
No competitive electricity provider affiliated with a large
				  investor-owned distribution utility may sell or contract to sell more than 33%
				  of the total kilowatt-hours sold at retail within its affiliated distribution
				  utility's service territory over a calendar year. Any standard offer service
				  provided within the distribution utility's service territory by an affiliated
				  competitive provider under Chapter 302 is included within the 33% limitation.
				  No competitive electricity provider affiliated with a large investor-owned
				  distribution utility may bid to provide more than 20% of the total
				  standard-offer service kilowatt-hours in its affiliated distribution utility's
				  service territory.
If a distribution utility has more than one affiliated
				  competitive provider, all limits and sanctions will be determined based on the
				  total kilowatt-hours sold, contracted for sale or bid for sale, respectively,
				  by all of its affiliated competitive providers in the aggregate.
A. Reports. By May 1st of each year, each
				affiliated competitive provider shall report to the Commission:
1 The total kilowatt-hours it sold at retail
				between January 1 and December 31 of the previous year within its affiliated
				distribution utility's service territory; and,
2 The total kilowatt-hours it contracted to
				sell at retail between January 1 and December 31 of the previous year within
				its affiliated distribution utility's service territory.
By May 1st of each year, each distribution utility shall
				  report to the Commission the total kilowatt-hours sold at retail between
				  January 1 and December 31 of the previous year within its service
				  territory.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 304 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED COMPETITIVE ELECTRICITY PROVIDERS › Section 407-304-5 - IMPLEMENTATION PLAN

Current through 2024-29, July 17, 2024
Before an affiliated competitive provider is authorized, or
				  if an affiliated competitive provider has already been authorized, within 30
				  days after the effective date of this Chapter, the distribution utility must
				  have filed with the Commission an implementation plan in compliance with
				  Section
				  3(P).
A. Effective Date. An implementation plan
				takes effect 30 days after it is filed with the Commission unless the
				Commission suspends the effectiveness of all or part of the plan, in which case
				the suspended portion takes effect upon Commission
				approval
.
B.
				Changes. A distribution utility shall file with the Commission any change to an
				implementation plan. A change to an implementation plan takes effect 30 days
				after the change is filed with the Commission unless the Commission suspends
				the effectiveness of all or part of the change, in which case the suspended
				portion takes effect upon Commission approval.
C. Commission Investigation. The Commission
				may open an investigation into a distribution utility's implementation plan or
				a distribution utility's compliance with its plan at any time and may order
				changes to be made in an implementation plan as a result of the
				investigation.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 304 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED COMPETITIVE ELECTRICITY PROVIDERS › Section 407-304-6 - AUDITS

Current through 2024-29, July 17, 2024
The Commission shall audit the records of each distribution
				  utility and affiliated competitive provider subject to this Chapter to ensure
				  compliance with
				   35-A M.R.S.A.
				  §§3205 and
				  3206,
				  applicable Chapter 820 provisions, the distribution utility's implementation
				  plan, and this Chapter.
A. Audit
				Schedule. For the first three years following adoption of this Chapter, the
				Commission shall annually audit each distribution utility and affiliated
				competitive provider. Thereafter, the Commission shall audit investor-owned
				distribution utilities and affiliated competitive providers at least once every
				three years but may audit them more frequently at the Commission's
				discretion.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 304 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED COMPETITIVE ELECTRICITY PROVIDERS › Section 407-304-8 - CONSUMER-OWNED UTILITIES

Current through 2024-29, July 17, 2024
A consumer-owned utility must report to the Commission any
				  wholesale sale or sales of generation service that, over any 12-month period,
				  cumulatively exceed 5% of the total kilowatt hours sold at retail by the
				  utility over the same period. The report must describe the details of the
				  transaction and explain why the sale was incidental and necessary to reduce the
				  cost of providing retail service.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 304 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED COMPETITIVE ELECTRICITY PROVIDERS › Section 407-304-9 - WAIVER OR EXEMPTION

Current through 2024-29, July 17, 2024
Upon the request of any person subject to this Chapter or
				  upon its own motion, the Commission may, for good cause, waive any requirement
				  of this Chapter that is not required by statute. The waiver may not be
				  inconsistent with the purposes of this Chapter or Title 35-A. The Commission,
				  the Director of Technical Analysis, 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 305 - LICENSING REQUIREMENTS, ANNUAL REPORTING, ENFORCEMENT AND CONSUMER PROTECTION PROVISIONS FOR COMPETITIVE PROVISION OF ELECTRICITY › Section 407-305-1 - GENERAL PROVISIONS AND DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Scope of Rule
. This Chapter applies to competitive electricity
				providers, who must be licensed to sell electricity at retail in Maine, and
				third-party sales agents, who must be registered in Maine. Competitive
				electricity providers include marketers, brokers and aggregators. This Chapter
				establishes licensing criteria and procedures, annual reporting requirements,
				enforcement provisions, and consumer protections standards.
B.
Definitions
. For the purposes
				of this Chapter, the following terms have the following meanings:
1.
Affiliated Interest
.
				"Affiliated interest" means:
a. Any person who
				owns directly, indirectly or through a chain of successive ownership, 10% or
				more of the voting securities of an applicant or licensee;
b. Any person, 10% or more of whose voting
				securities are owned, directly or indirectly, by an affiliated interest as
				defined in subparagraph (a);
c. Any
				person, 10% or more of whose voting securities are owned, directly or
				indirectly, by an applicant or licensee;
d. Any person, or group of persons acting in
				concert, which exercises substantial influence over the policies and actions of
				an applicant or licensee, provided that the person or group of persons
				beneficially owns more than 3% of the applicant or licensee's voting
				securities.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 305 - LICENSING REQUIREMENTS, ANNUAL REPORTING, ENFORCEMENT AND CONSUMER PROTECTION PROVISIONS FOR COMPETITIVE PROVISION OF ELECTRICITY › Section 407-305-2 - LICENSING AND REGISTRATION REQUIREMENTS

Current through 2024-29, July 17, 2024
A.
Entities Subject to Licensing and Registration Requirements
1.
Competitive Electricity Providers
				and Third-Party Sales Agents
a.
Licensure and Registration
All competitive electricity providers must be licensed by the
				  Commission, and third-party sales agents must be registered by the Commission.
				  No entity may contract or offer to contract to provide generation service,
				  enroll customers, provide generation service, or arrange for a contract for the
				  provision of generation service without having obtained a license from, or with
				  respect to third-party agents without being registered with, the Commission.
				  The Commission delegates to the Director of Electric and Gas Utility Industries
				  the authority to license competitive electricity providers and register
				  third-party sales agents.
b.
				Provision of Documentation
Upon request by the Commission, applicants, registrants,
				  competitive electricity providers, and third-party sales agents must provide
				  any information the Commission determines is necessary or useful in carrying
				  out its duties and obligations under Title 35-A and this Chapter, including but
				  not limited to the Commission's review of license applications and annual
				  reports, and registering third-party sales agents.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 305 - LICENSING REQUIREMENTS, ANNUAL REPORTING, ENFORCEMENT AND CONSUMER PROTECTION PROVISIONS FOR COMPETITIVE PROVISION OF ELECTRICITY › Section 407-305-3 - SANCTIONS AND ENFORCEMENT

Current through 2024-29, July 17, 2024
A.
Sanctions
Competitive electricity providers and third-party sales
				  agents are subject to sanctions for violations of applicable provisions of
				  Chapter 32 of Title 35-A, and Commission rules or orders. Sanctions may be
				  imposed following a hearing before the Commission in conformance with 5 M.R.S.
				  Chapter 375, subchapter IV (Maine Administrative Procedures Act) and Chapter
				  110 of the Commission's rules. The following sanctions may be imposed:
1.
Penalties
a. In an adjudicatory proceeding, the
				Commission may impose administrative penalties on competitive electricity
				providers and third-party sales agents as authorized by
				35-A M.R.S. §
												1508-A and §
											3203(7).
				Penalties collected by the Commission under this provision must be deposited in
				the Public Utilities Commission Reimbursement Fund or refunded to customers as
				directed by the Commission.
b. A
				letter from the Commission's General Counsel providing the notice articulated
				in
				35-A M.R.S.
				§1508-A(1)(B) and
				(B-1)(2) and issued in the docket designated for the competitive electricity
				provider using the Commission's electronic case management system constitutes
				an example of that competitive electricity provider or its third-party sales
				agent having been explicitly notified by the Commission for the purpose of
				imposing a penalty or terminating a third-party sales agent
				registration.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 305 - LICENSING REQUIREMENTS, ANNUAL REPORTING, ENFORCEMENT AND CONSUMER PROTECTION PROVISIONS FOR COMPETITIVE PROVISION OF ELECTRICITY › Section 407-305-5 - INFORMATIONAL FILINGS

Current through 2024-29, July 17, 2024
A.
Generally
				Available Service
1.
Filing
				Required
. Competitive electricity providers must file with the
				Commission and provide to the Public Advocate rates, terms, and conditions of
				any service generally available to the public or any segment of the public
				prior to offering the service. This subsection does not apply to standard offer
				service.
2.
Modification
. Competitive electricity providers must file any
				modifications to generally available rates, terms and conditions prior to the
				effective date of the modification.
3.
No Approval
. The generally
				available rates, terms and conditions are for informational purposes and do not
				require Commission approval.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 305 - LICENSING REQUIREMENTS, ANNUAL REPORTING, ENFORCEMENT AND CONSUMER PROTECTION PROVISIONS FOR COMPETITIVE PROVISION OF ELECTRICITY › Section 407-305-6 - WAIVER OR EXEMPTION

Current through 2024-29, July 17, 2024
Upon the request of any person subject to the provisions of
				  this Chapter or upon its own motion, the Commission may, 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 Director of Electric and Natural Gas Industries, the
				  Director of the Consumer Assistance and Safety Division, 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 306 - UNIFORM INFORMATION DISCLOSURE › Section 407-306-2 - UNIFORM INFORMATION DISCLOSURE REQUIREMENTS

Current through 2024-29, July 17, 2024
A.
Purpose and Scope
1.
Purpose
. The purpose of this section is to ensure that customers
				have access to consistent, accurate, and meaningful information by which to
				evaluate services offered by competitive electricity providers.
2.
Scope
. This section applies
				to competitive electricity providers, including standard offer providers, as
				specified in this section, except that this section does not apply to
				aggregators and brokers.
3.
Applicability
. This section applies only to generation service to
				residential and small commercial consumers. For purposes of this provision,
				residential and small commercial consumers are consumers subject to the
				customer protection provisions in Chapter 305, section 4 of the Commission's
				rules. Upon the request of customers that are not residential or small
				commercial customers, competitive electricity providers shall make available
				information comparable to that required by this section.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 306 - UNIFORM INFORMATION DISCLOSURE › Section 407-306-3 - WAIVER OR EXEMPTION

Current through 2024-29, July 17, 2024
Upon the request of any person subject to the provisions of
				  this Chapter or upon its own motion, the Commission may, 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 purposes of this Chapter or Title 35-A.
				  The Commission, the Director of Electric and Gas 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 307 - SALE OF CAPACITY AND ENERGY; EXTENSIONS FOR DIVESTITURE OF ASSETS › Section 407-307-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. Capacity and Energy. "Capacity and Energy"
				means the output from generation assets and includes any ancillary services
				(e.g., spinning reserve) which may be available from generation assets and
				generation-related business activities subject to this rule.
B. Facility. "Facility" means any specific
				facility which delivers capacity or energy to a utility under contract, or
				deliveries from the market in cases where the seller has the option to provide
				deliveries either from a specific facility or from the market.
C. Generation Assets. "Generation assets"
				means all real estate, fixtures and personal property owned, controlled,
				operated or managed in connection with, or to facilitate, the generation of
				electric power.
D. Utility.
				"Utility" means either an investor-owned electric utility or an investor-owned
				transmission and distribution utility, or both, depending on the context,
				including the date of a required event.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 307 - SALE OF CAPACITY AND ENERGY; EXTENSIONS FOR DIVESTITURE OF ASSETS › Section 407-307-2 - APPLICABILITY OF CHAPTER

Current through 2024-29, July 17, 2024
A. Utilities
				Subject to this Chapter
Prior to March 1, 2000, this Chapter shall apply to all
				  investor-owned electric utilities. On and after March 1, 2000, this Chapter
				  shall apply to investor-owned transmission and distribution utilities.
B. Capacity and Energy Subject to
				this Chapter
Except as noted in Section
				  2(C), Sections
				  3 through
				  9 and
				  11 of this Chapter apply to all
				  interests held by a utility in electric capacity and energy from any generation
				  assets and generation-related business activities, including purchased power
				  contracts, that are not divested pursuant to
				   35-A M.R.S.A.
				  §3204(1),
				  including:
1. Any contract with a
				qualifying facility, or any contract with a party other than a qualifying
				facility or affiliated interest entered into solely for the purpose of
				restructuring a contract with a qualifying facility;
2. Ownership interest in a nuclear power
				plant;
3. Ownership interest in a
				facility located outside the United States; and
4. Ownership interest or entitlement in a
				generation asset or generation-related business activity for which the
				Commission has granted an extension, pursuant to §3204(3) and section
				10 of this Chapter, that allows a
				utility to divest after March 1, 2000.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 307 - SALE OF CAPACITY AND ENERGY; EXTENSIONS FOR DIVESTITURE OF ASSETS › Section 407-307-3 - GENERAL REQUIREMENT FOR SALE OF CAPACITY AND ENERGY

Current through 2024-29, July 17, 2024
Each utility subject to this Chapter shall offer for sale and
				  shall sell its interests in the energy and capacity described in section
				  2(B) pursuant to the
				  provisions of this Chapter.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 307 - SALE OF CAPACITY AND ENERGY; EXTENSIONS FOR DIVESTITURE OF ASSETS › Section 407-307-4 - CONDITIONS APPLICABLE TO SALES AND UTILITY RENEGOTIATIONS DURING SALE PERIODS

Current through 2024-29, July 17, 2024
A. Renegotiations
				by Utilities of Contracts for Capacity and Energy
Utilities subject to this Chapter shall have the right at any
				  time to renegotiate any contract that entitles it to capacity and energy for
				  the purpose of meeting its obligation to minimize stranded costs. No
				  renegotiated contract shall become effective until the end of the current sale
				  period for capacity and energy unless:
1. the amount and fuel source of the output
				available to the purchaser of the capacity and energy pursuant to this rule are
				unchanged ; or
2. the purchaser
				consents to a change in the output or fuel source type.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 307 - SALE OF CAPACITY AND ENERGY; EXTENSIONS FOR DIVESTITURE OF ASSETS › Section 407-307-5 - DATES FOR ISSUANCE OF REQUESTS FOR BIDS; TERMINATION OF BIDDING PROCESS

Current through 2024-29, July 17, 2024
A. Initial Round
On August 2, 1999, each electric utility subject to this
				  Chapter shall issue a request for bids for the electric capacity and energy
				  required to be sold by this Chapter.
B. Subsequent Rounds
On dates thereafter as ordered by the Commission, each
				  utility subject to this Chapter shall issue a new request for bids for the
				  electric capacity and energy required to be sold by this Chapter.
C. Additional Bidding
The Commission may also order a utility to issue a request
				  for bids, pursuant to section
				  8(B), consistent with
				  section
				  8(B) or section
				  10(C). To expedite
				  the selection of a new purchaser, the Commission may waive any of the
				  requirements of section
				  5.
D. Termination of Bidding Process
When a utility subject to the provisions of this Chapter no
				  longer has an interest in any assets or contracts that are subject to sale of
				  energy and capacity requirements of this Chapter, the utility shall notify the
				  Commission, and the utility will no longer be subject to the provisions of this
				  Chapter.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 307 - SALE OF CAPACITY AND ENERGY; EXTENSIONS FOR DIVESTITURE OF ASSETS › Section 407-307-6 - REQUIREMENTS FOR REQUESTS FOR BIDS, BIDDING AND SALE

Current through 2024-29, July 17, 2024
A. Asset Categories
The Request for Bids shall permit bidders to provide separate
				  bids for any of the following individual categories, or a single bid for any
				  combination (including all) of the following categories:
1. Hydroelectric and biomass sources which
				qualify as a renewable resource under
				 35-A M.R.S.A.
				§3210;
2. Other sources which qualify as a renewable
				resource under
				 35-A M.R.S.A.
				§3210;
3. Nuclear power entitlements;
4. Any other category or subcategory approved
				by the Commission pursuant to section
				6(B)(3); or
5. All other generation sources.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 307 - SALE OF CAPACITY AND ENERGY; EXTENSIONS FOR DIVESTITURE OF ASSETS › Section 407-307-8 - PAYMENT BY PURCHASERS; DEFAULT

Current through 2024-29, July 17, 2024
A. Payment
Purchasers of capacity and energy sold pursuant to this
				  Chapter shall pay utilities for capacity and energy each month, not later than
				  20 days after the close of the billing period established in the contract
				  between the utility and the purchaser unless the utility and the bidder agree
				  upon a more rapid payment schedule.
B. Default
If a purchaser of capacity and energy fails to make required
				  payments to the utility or otherwise defaults in its obligations, and such
				  default is material, the utility shall immediately notify the Commission. The
				  utility shall engage in reasonable business practices in addressing the
				  default. In the event of a default, the utility may sell the capacity and
				  energy to an alternative purchaser or in the regional wholesale bulk power
				  markets. The utility may not sell to an alternative purchaser pursuant to a
				  contract term that extends beyond the expiration of the current sales period as
				  established in section
				  7(E) without the
				  prior approval of the Commission.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 307 - SALE OF CAPACITY AND ENERGY; EXTENSIONS FOR DIVESTITURE OF ASSETS › Section 407-307-9 - EXCEPTION TO BIDDING AND SALE REQUIREMENTS

Current through 2024-29, July 17, 2024
The bidding and sale requirements of this Chapter shall not
				  apply to any capacity or energy that the Commission, pursuant to
				   35-A M.R.S.A.
				  §3204(4), determines is
				  necessary for the utility to perform its obligations as a transmission and
				  distribution utility in an efficient manner. Any utility requesting an
				  exception pursuant to this section shall file its request 2 months prior to the
				  date that requests for bids must be issued.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 307 - SALE OF CAPACITY AND ENERGY; EXTENSIONS FOR DIVESTITURE OF ASSETS › Section 407-307-10 - EXTENSION OF DATE FOR UTILITY TO DIVEST GENERATION ASSETS

Current through 2024-29, July 17, 2024
A. Procedure; Order
A utility may apply to the Commission to exercise its
				  authority under
				   35-A M.R.S.A.
				  §3204(3) to allow it to
				  divest one or more generation assets or generation-related business activities
				  after March 1, 2000. The application shall be filed on or before December 1,
				  1999, and shall include all information that justifies the request. A utility
				  may file subsequent applications for additional extensions. The Commission
				  shall provide an opportunity for interested persons to be heard on the
				  application and shall rule on the application within 2 months after it is
				  filed. The Commission shall grant an extension of the divestiture deadline if
				  it finds that an extension would likely improve the sale value of the
				  generation assets or the generation-related business activities or would be
				  likely to reduce the level of the utility's stranded costs. The Commission
				  shall establish the length of the extension in its Order and shall specify
				  whether the utility must divest the asset or business activity on the date
				  specified in the Order or whether it may divest on or before that date. The
				  Commission may order that any divestiture be subject to the right of a
				  purchaser of the capacity and energy pursuant to this Chapter to make purchases
				  from the new owner of the generation asset or generation-related business
				  activity until the date specified in the contract between the purchaser and the
				  utility.
B. Obligation to
				Sell Capacity and Energy
The granting of an extension under this section does not
				  exempt a utility from the obligation to sell the capacity and energy from a
				  generation asset whose divestiture date is extended. If an extension is granted
				  reasonably in advance of August 1, 1999, the capacity and energy from the
				  generation asset whose divestiture date is extended may be included in the
				  utility's request for bids issued on August 1, 1999. If the extension is
				  granted on a date that is too late for the capacity and energy to be included
				  in the request for bids issued on August 1, 1999, the Commission may order a
				  separate bidding process for the sale of the asset's capacity and energy. The
				  Commission will determine the duration of the sale of the capacity and energy
				  from a generation asset or generation-related business activity whose
				  divestiture date is extended. The Commission may direct that the capacity and
				  energy be sold in the regional wholesale bulk power markets until the selection
				  of a purchaser or until the asset is divested.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 307 - SALE OF CAPACITY AND ENERGY; EXTENSIONS FOR DIVESTITURE OF ASSETS › Section 407-307-11 - 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 Technical Analysis, or the presiding officer assigned to a
				  proceeding related to this Chapter may grant this waiver.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 308 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED GENERATORS › Section 407-308-1 - PURPOSE OF RULE; APPLICATION

Current through 2024-29, July 17, 2024
This Chapter establishes standards of conduct governing the
				  relationships and interactions between a transmission and distribution utility
				  and an affiliated generator that are intended to eliminate the potential for
				  these relationships and interactions to lead to adverse effects on ratepayers
				  and the competitive electricity market. This Chapter applies to an affiliated
				  generator that:
A. Owns or develops
				generation or generation-related assets in the ISO-NE or NMISA, power
				system;
B. Imports generation into
				the ISO-NE or NMISA power system;
C. Is directly interconnected to the ISO-NE
				or NMISA power system;
D. Takes any
				action or makes any plans toward future ownership or development of generation
				or generation-related assets in the ISO-NE or NMISA power system; or
E. Takes any action or makes any plans to
				import generation or become directly interconnected to the ISO-NE or NMISA
				power system.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 308 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED GENERATORS › Section 407-308-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Affiliate
. Affiliate means a
				person who has any direct or indirect ownership interest in, or is a direct or
				indirect subsidiary of a person who has any ownership interest in, the
				investor-owned transmission and distribution utility, but does not include a
				wholly owned or partially owned direct or indirect subsidiary of the
				investor-owned transmission and distribution utility.
B.
Affiliated Generator
.
				Affiliated generator means an affiliate of a transmission and distribution
				utility that owns or develops generation or generation-related assets in New
				England or that can import generation into New England.
C.
Affiliated Interest
.
				Affiliated Interest has the same meaning as contained in Title 35-A.
D.
Commission
. Commission means
				the Maine Public Utilities Commission.
E.
Contractor
. Contractor means
				entities or individuals that are not employees of the transmission and
				distribution utility, an affiliated generator or an affiliated interest, but
				provides legal, consulting or other services to a transmission and distribution
				utility, an affiliated generator or an affiliated interest on matters related
				to the development and operation of transmission or generation.
F.
Directly Interconnected
.
				Directly Interconnected means a physical electrical connection of a generator
				to a transmission and distribution utility's transmission and distribution
				assets that allows that generator to transport electric power across the
				transmission and distribution utility's electric plant.
G.
FERC
. FERC means the Federal
				Energy Regulatory Commission.
H.
FERC Standards of Conduct
. FERC standards of conduct means the
				regulations contained in 18 CFR Part 358.
I.
ISO-NE
. ISO-NE means the
				Independent System Operator of the New England bulk power system or success or
				organization.
J.
NEPOOL
. NEPOOL means the New England Power Pool or successor
				organization.
K.
NMISA
. NMISA means the Northern Maine Independent System
				Administrator or successor organization.
L.
Nodal LMP
. Nodal LMP means
				the locational marginal price within the ISO-NE energy market applicable to
				agenerator.
M.
Service
				Territory
. Service Territory means the geographic area in which a
				transmission and distribution utility is authorized to provide service based on
				a finding of need by the Commission or a legislative finding of need.
N.
Transmission and Distribution
				Utility
. Transmission and distribution utility means an investor-owned
				transmission and distribution utility that has an affiliated
				generator.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 308 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED GENERATORS › Section 407-308-3 - AFILIATED GENERATOR PROHIBITED

Current through 2024-29, July 17, 2024
A. A transmission
				and distribution utility may not have an affiliate that owns generation or
				generation-related assets that are directly interconnected to any facilities
				owned or operated by the transmission and distribution utility or if the point
				of interconnection is within the service territory of the transmission and
				distribution utility.
B. A
				transmission and distribution utility may not wholly own or partially own a
				direct or indirect subsidiary that owns generation or generation-related
				assets.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 308 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED GENERATORS › Section 407-308-5 - ANNUAL CHAPTER 330 REPORTS

Current through 2024-29, July 17, 2024
A.
Annual
				Chapter 330 Reports
. A transmission and distribution utility that has
				one or more affiliated generators shall expand its Chapter 330 reports to
				include the following information:
1.
				identification of all planned transmission substation work at the 69 kV level
				and above;
2. identification of all
				planned construction or rebuilding (including reconductoring) of transmission
				lines at the 69 kV level and above;
3. identification of the most likely
				potential alternative to each item in (1) and (2) above;
4. identification of all existing generators
				or proposed generators that that would be materially affected by any projects
				referenced in the Report;
5. based
				on existing interconnection or planning studies, explanation and analysis of
				how the generators and proposed generators identified in (4) may be affected by
				any projects that are referenced in the Report, including but not limited to,
				to the extent available, interconnection timing and cost, applicable
				transmission charges and nodal LMPs, any other factors that affect the access
				to and prices for the generator or proposed generator in the whole sale
				markets;
6. a signed affidavit from
				the President and Chief Operating Officer of each transmission and distribution
				utility that he/she has reviewed the Chapter 330 Report with the person(s)
				responsible for its development and affirms that the utility has not planned or
				made any improvements to the transmission system with the intent of giving any
				existing or proposed generator preferential treatment nor with the intent of
				providing any ratepayer subsidy in terms of allocating the costs of any such
				improvements between generators and rate payers.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 308 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED GENERATORS › Section 407-308-6 - COMMISSION JURISDICTION

Current through 2024-29, July 17, 2024
Affiliated generators and affiliated interests shall be
				  subject to Commission jurisdiction with respect to compliance with this
				  Chapter.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 308 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED GENERATORS › Section 407-308-7 - IMPLEMENTATION PLAN

Current through 2024-29, July 17, 2024
Implementation Plan
. A transmission and
				  distribution utility shall file with the Commission current written procedures
				  implementing the standards of conduct established by this Chapter. The
				  transmission and distribution utility, its affiliated generators and its
				  affiliated interests shall provide every employee with a copy of the
				  implementation plan and any amendments to the plan. The implementation plan
				  must include procedures to train employees of the transmission and distribution
				  utility, its affiliated generators and affiliated interests in procedures
				  necessary to ensure compliance with this Chapter. For purposes of this
				  provision, training requirements are limited to employees that have or may have
				  access to confidential information that is subject to this Chapter.
A.
Effective Date
. An
				implementation plan takes effect 30 days after it is filed with the Commission
				unless the Commission suspends the effectiveness of all or part of the plan, in
				which case the suspended portion takes effect upon Commission
				approval
.
B.
Changes
. A transmission and distribution utility shall file with
				the Commission any change to an implementation plan. A change to an
				implementation plan takes effect 30 days after the change is filed with the
				Commission unless the Commission suspends the effectiveness of all or part of
				the change, in which case the suspended portion takes effect upon Commission
				approval.
C.
Commission
				Investigation
. The Commission may open an investigation into a
				transmission and distribution utility's implementation plan or a transmission
				and distribution utility's compliance with its plan at any time and may order
				changes to be made in an implementation plan as a result of the
				investigation.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 308 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED GENERATORS › Section 407-308-8 - AUDITS

Current through 2024-29, July 17, 2024
An independent external audit of compliance with standards of
				  conduct contained in this Chapter shall be completed every five years. The
				  Commission shall develop the scope of the audit and select the auditor. The
				  costs of the audit, including the Commission's external costs of developing the
				  scope of the audit shall not be recovered from ratepayers. In its discretion,
				  the Commission may require audits more frequently.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 308 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED GENERATORS › Section 407-308-9 - ENFORCEMENT AND SANCTIONS

Current through 2024-29, July 17, 2024
A.
Sanctions
				and Administrative Penalties
. In the event that a transmission and
				distribution utility or an affiliated generator violates provisions of this
				Chapter, the transmission and distribution will be subject to sanctions and
				administrative penalties pursuant to the provisions of 35-A MRS Chapter
				15.
B.
Divestiture
.
				The Commission may order divestiture of or by the transmission and distribution
				utility in the event the violation of provisions of this Chapter has resulted
				or will likely result in substantial injury to ratepayers or to the competitive
				generation market and upon a determination by the Commission after notice and
				opportunity to be heard that no other remedy is adequate to reasonably address
				the harm.
C.
Complaints
. A complaint may be brought for matters within the
				Commission's jurisdiction by an individual generator for acts or omissions of a
				transmission and distribution utility that are unreasonable, preferential,
				discriminatory or anti competitive and the complaint will be treated in the
				same manner as a complaint otherwise brought by 10 persons as allowed by Title
				35-A, section 1302;
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 308 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED GENERATORS › Section 407-308-10 - LONG-TERMCONTRACTS

Current through 2024-29, July 17, 2024
An affiliated generator that does not have a
				  Commission-approved long-term contract or term sheet pursuant to provisions
				  contained in Title 35-A as of July 1, 2017 are ineligible for any long-term
				  contract authorized in Title 35-A.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 308 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED GENERATORS › Section 407-308-11 - WAIVER OR EXEMPTION

Current through 2024-29, July 17, 2024
Upon the request of any person subject to this Chapter or
				  upon its own motion, the Commission may, for good cause, waive any requirement
				  of this Chapter that is not required by statute. The waiver may not be
				  inconsistent with the purposes of this Chapter or Title 35-A. The Commission,
				  the Director of Electric and Gas 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 311 - PORTFOLIO REQUIREMENT › Section 407-311-1 - PURPOSE

Current through 2024-29, July 17, 2024
The purpose of this Chapter is to implement the State's
				  policy to encourage the generation of electricity from renewable and efficient
				  sources, the production of thermal energy from renewable resources and to
				  diversify electricity production on which residents of this State
				  rely.