reglab/statecodes huggingface dataset:
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 110 - RULES OF PRACTICE AND PROCEDURE › Section 407-110-14 - DELEGATIONS

Current through 2024-29, July 17, 2024
A.
Applicability
The Commission's delegations under this Section are in
				  addition to delegations of authority contained in other chapters of the
				  Commission's Rules and Regulations, and any other orders issued by it which do
				  not conflict with the delegations granted herein. The Commission may rescind
				  any of the delegations granted in this Part without notice or hearing.
B.
Waiver of Applicability
				of Chapter 110
The Commission delegates its authority to permit deviations
				  from the procedural requirements and deadlines of its rules and statutes which
				  allow deviations to the Administrative Director or to the presiding officer
				  assigned to a particular case. The Commission may make further delegations of
				  its authority to permit such deviations by written order.
C.
Compliance
Unless otherwise ordered, the Directors of the Telephone and
				  Water Utility Industries and Electric and Gas Utility Industries or his or her
				  designee are hereby delegated the authority to approve schedules which are
				  filed solely in compliance with Commission orders or rules.
D.
Suspension, Reorganization,
				Affiliated Interest, Contract, Transmission
The Administrative Director is hereby delegated the
				  following authority:
1. to suspend
				schedule and contract filings pursuant to
				
				35-A M.R.S.A.
				§310(2);
2. to suspend the effective date of a
				contract pursuant to
				 35-A M.R.S.A.
				§707(3)(A);
				and
3. to extend the effective date
				of a reorganization pursuant to
				 35-A M.R.S.A.
				§708(2)(A).
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 120 - FILING REQUIREMENTS FOR SCHEDULE OF RATES, TERMS AND CONDITIONS › Section 407-120-3 - FORM AND CONTENT OF SCHEDULES

Current through 2024-29, July 17, 2024
A.
Generally
.
1. All schedules of
				rates and terms and conditions submitted to the Commission pursuant to this
				Rule must be in typewritten form on 8 1/2" by 11" paper.
2. All filings must consist of an original
				and six (6) copies, except that major utilities, as defined in section
				2(F), must file
				thirteen (13) copies of filings made in a general rate case.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 120 - FILING REQUIREMENTS FOR SCHEDULE OF RATES, TERMS AND CONDITIONS › Section 407-120-4 - FILING REQUIREMENTS FOR COMPLIANCE SCHEDULES

Current through 2024-29, July 17, 2024
A.
Applicability
. This section applies only to schedules filed by a
				utility in compliance with a Commission order. Schedules filed to comply with a
				Commission rule are not subject to this section and instead are subject to
				section
				3 above, including suspension and
				effective date provisions, unless the rule or order adopting the rule provide
				otherwise.
B.
Cover
				letter
. Any compliance schedule must be accompanied by a cover letter
				explaining that the schedule is being filed in compliance with a Commission
				order, and giving the docket number of the Commission order.
C.
Effective date
. A utility
				filing a compliance schedule must not include a proposed effective date. The
				effective date of a compliance schedule is the date of the supplemental
				Commission order approving the compliance schedule, or other date as ordered by
				the Commission.
D.
Format
. The form of compliance filings must otherwise be in
				accordance with Section
				3 of this Rule except to the extent
				that the Commission order which requires the filing specifies
				otherwise.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 120 - FILING REQUIREMENTS FOR SCHEDULE OF RATES, TERMS AND CONDITIONS › Section 407-120-5 - CONTENT OF GENERAL RATE CASES

Current through 2024-29, July 17, 2024
A.
Generally
. Every public utility filing a general rate case must
				provide the information specified in this section. Information previously filed
				with Commission may be incorporated in the filing by reference.
B.
Order and Numbering
. All
				information required to be filed for a general rate case must be organized and
				numbered as described in this Section.
C.
Particular Contents of Each
				Filing
. Every general rate case must contain the following:
1.
Cover sheet.
A cover sheet
				showing:
a. The name of the public
				utility;
b. The proposed effective
				date of the new rates;
c. The
				adjusted gross revenue subject to Commission jurisdiction for the test
				year;
d. The amount of the increase
				or decrease in gross revenues subject to Commission jurisdiction; and
e. The percent change in gross revenues
				subject to Commission jurisdiction.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 120 - FILING REQUIREMENTS FOR SCHEDULE OF RATES, TERMS AND CONDITIONS › Section 407-120-6 - MAJOR UTILITIES: NOTIFICATION AND FILING OF DIRECT CASE

Current through 2024-29, July 17, 2024
A.
Applicability
. This section
				applies only to major utilities as defined in section
				2(F).
B.
Notification Required
. A
				major utility shall notify the Commission at least two months prior to filing a
				general rate case. The notification must be in writing and contain the
				following information:
1. That the general
				rate case is planned;
2. The
				anticipated date of filing;
3. The
				approximate annual revenue change that would result;
4. Any major issues anticipated to arise in
				conjunction with the general rate case;
5. Any significant change in rate design to
				be proposed in conjunction with the general rate case; and
6. The approximate rate of return on rate
				base, as a whole and on common equity, that the utility will propose in
				conjunction with the general rate case.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 120 - FILING REQUIREMENTS FOR SCHEDULE OF RATES, TERMS AND CONDITIONS › Section 407-120-7 - REQUIREMENTS FOR CONSUMEROWNED WATER UTILITY RATE FILINGS UNDER 35-A M.R.S.A. section 6104

Current through 2024-29, July 17, 2024
A.
General
				Provisions
1.
Purpose.
The purpose of this section is to describe the requirements for the form,
				content, and notice of consumer-owned water utility rate filings pursuant to
				
				35-A M.R.S.A. §6104. Nothing in this
				section prohibits a consumer-owned water utility from filing a general rate
				case rather than using the procedure set forth in this section
2.
Applicability.
This section
				is applicable to consumer-owned water utilities as defined in
				 35-A M.R.S.A.
				§6101(1-A).
3.
Default Provision.
Whenever a
				filing under this section fails to comply with the requirements of
				
				35-A M.R.S.A. §6104 or this section, it
				may be suspended for investigation. If the filing is so suspended, or is
				suspended upon a petition from utility customers, the filing may become a
				general rate case subject to the requirements of Section
				5 of this Rule and the notice
				requirements of Chapter 110, Section
				6(B)(1)(b) and (c) of
				the Commission's Rules (65-407 C.M.R. 110 (6)(B)(1)(b) and (c), unless these
				provisions are waived upon a showing of a good cause.
4.
Compliance with Fire Protection
				Revenue Determination Procedure.
All consumer-owned water utility rate
				filings under this section must comply with the Commission's public fire
				protection revenue determination procedure as set forth in Chapter 690 of the
				Commission's Rules (65-407 C.M.R. 690) unless the utility has received a waiver
				from the rule's requirements. If the filing fails to comply with Chapter 690,
				the Commission will not allow the proposed rates to take effect unless they are
				substantiated by an acceptable allocation study for the utility's system. If
				the rates are already suspended as provided in section
				7(A)(3), the issue
				will be addressed in that rate proceeding. If the rates are not otherwise
				suspended, and the water utility wishes to pursue its original filing, the
				rates will be suspended pending review.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 120 - FILING REQUIREMENTS FOR SCHEDULE OF RATES, TERMS AND CONDITIONS › Section 407-120-8 - REQUIREMENTS FOR CONSUMER-OWNED ELECTRIC UTILITY RATE FILINGS UNDER 35-A M.R.S.A. SECTION 3502

Current through 2024-29, July 17, 2024
A.
General
				Provisions
.
1.
Purpose.
The purpose of this section is to describe the requirements for the form,
				content, and notice of consumer-owned electric utility rate filings pursuant to
				 35-A M.R.S.A.
				§3502. Nothing in this section prohibits
				a consumer-owned electric utility from filing a general rate case rather than
				using the procedure set forth in this section.
2.
Applicability.
This section
				is applicable to consumer-owned electric utilities, as defined in
				 35-A M.R.S.A.
				§3501, which propose to change rates by
				not more than 15% of the utility's annual operating revenues. This section does
				not apply to any fuel cost adjustment.
3.
Default Provision.
Whenever a
				filing under this section fails to comply with the requirements of
				 35-A M.R.S.A.
				§3502 or this section, it may be
				suspended for investigation. If the filing is so suspended, or is suspended
				upon a petition from utility customers, the filing may become a general rate
				case subject to the requirements of section
				5 of this Rule and the notice
				requirements of Chapter 110, sections
				6(B)(1)(b) and (c) of
				the Commission's Rules (65-407 C.M.R. 110 (6)(B)(1)(b) and (c), unless these
				provisions are waived upon a showing of good cause.
4.
Frequency of Filings.
No
				consumer-owned electric utility may initiate a rate filing under this section
				which would increase its annual operating revenues by more than one percent
				(1%) within one year of the date it notified its customers of its most recent
				previous rate filing under this section.
5.
Penalty for Non-Compliance.
If the Commission finds that a consumer-owned electric utility's rate filing
				under this section substantially violates the procedural requirements set forth
				in this section, the Commission may prohibit the utility from filing rates
				pursuant to this section in its next rate case.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 120 - FILING REQUIREMENTS FOR SCHEDULE OF RATES, TERMS AND CONDITIONS › Section 407-120-9 - WAIVER

Current through 2024-29, July 17, 2024
Where good cause exists, the Commission , its Administrative
				  Director, its Assistant Administrative Director, or the Hearing Examiner
				  assigned to the proceeding may waive any requirement of this Rule.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 120 - FILING REQUIREMENTS FOR SCHEDULE OF RATES, TERMS AND CONDITIONS › Section 407-120-10 - EFFECT OF FAILURE TO COMPLY

Current through 2024-29, July 17, 2024
A.
Defective
				Filing
. Any filing, including a notification of intent to file a general
				rate case, which is not in compliance with the requirements of this Rule or is
				not accompanied by the information required by this Rule is a defective filing.
				Within fifteen (15) days after receiving a defective filing, the Administrative
				Director or the Assistant Administrative Director must notify the public
				utility of the defect or defects and whether the filing is nevertheless in
				substantial compliance with the requirements of this Rule.
B.
Filing Date
.
1. The filing date of a filing which is in
				compliance with this Rule is the date the filing is received by the
				Commission.
2. The filing date of a
				defective filing which the Administrative Director or Assistant Administrative
				Director determines to be in substantial compliance with this Rule is the date
				the filing was originally received by the Commission, if the public utility
				cures the defects within fifteen (15) days of the notification.
3. The filing date of any other defective
				filing is the date the last document is received by the Commission which
				removes the defect or makes the filing complete.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 120 - FILING REQUIREMENTS FOR SCHEDULE OF RATES, TERMS AND CONDITIONS › Section 407-120-11 - DELEGATION OF AUTHORITY

Current through 2024-29, July 17, 2024
The Commission delegates authority to its Administrative
				  Director or Assistant Administrative Director:
A.
Review
. To review filings
				under this Rule, to determine whether or not any filing is in compliance with
				the requirements of this Rule, and to notify the public utility of the
				deficiency or substantial compliance of the filing pursuant to Section
				10 of this Rule; and
B.
Suspension
. To issue
				suspension orders pursuant to the Commission's power to suspend under
				
				35-A M.R.S.A.
				§310(2).
C.
Waiver
. To waive, for good
				cause, any of the requirements of this Rule.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 130 - SAFETY AND ACCIDENT REPORTING REQUIREMENTS › Section 407-130-1 - SCOPE

Current through 2024-29, July 17, 2024
This rule requires all gas, natural gas pipeline, electric,
				  telephone, water, and public heating utilities to report to the Public
				  Utilities Commission all serious accidents occurring upon their premises or
				  directly or indirectly arising from or connected with the maintenance or
				  operation of their physical facilities or equipment.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 130 - SAFETY AND ACCIDENT REPORTING REQUIREMENTS › Section 407-130-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Serious accident.
"Serious accident" means any accident occurring upon the
				  premises of any public utility or directly or indirectly arising from or
				  connected with the maintenance or operation of a utility's physical facilities
				  or equipment that results in the loss of human life, personal injury requiring
				  in-patient hospital admission, more than seven days' lost work time of a
				  utility employee or independent contractor employed by a utility, or property
				  damage of $50,000 or more, including the cost of lost gas in the case of gas
				  and natural gas pipeline utilities.
2.
Electric contact.
"Electric contact" means any release of electricity from a
				  utility's equipment or facilities that results in the loss of human life or
				  personal injury requiring in-patient hospital admission to a member of the
				  public, a utility employee, or an independent contractor employed by a utility.
				  Electric contact does not include a slight feeling of electric sensation that
				  does not lead to in-patient hospital admission.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 130 - SAFETY AND ACCIDENT REPORTING REQUIREMENTS › Section 407-130-3 - REPORTING

Current through 2024-29, July 17, 2024
1.
Immediate Notice.
A utility shall provide immediate notice of any serious
				  accident involving the loss of human life, and any event occurring upon its
				  premises or directly or indirectly arising from or connected with the
				  maintenance or operation of its physical facilities or equipment that requires
				  evacuation of the general public, or that results in, or is likely to result
				  in, disruption of utility service to more than 500 customers or 1% of a
				  utility's customers, whichever is greater, or to critical facilities identified
				  by other public utilities for a period of longer than 30 minutes. The notice
				  shall be made to the appropriate lead or alternate technical Staff as provided
				  in Section below, where such information has not already been reported pursuant
				  to another Commission rule. The notice shall include:
A. Name of company and person
				reporting;
B. A brief description
				of the accident, including the extent of known fatalities, injuries, and
				damages;
C. Date and time of
				accident;
D. Location of
				accident;
E. Identification of
				utility facilities involved;
F.
				Other utilities involved; and
G.
				The possible root causes of the accident.
NOTE: If information required by this section is not
				  available to the utility at the time of the immediate notice, the utility shall
				  make the report with whatever information it has available. The utility shall
				  supply missing information in an amended report to the Commission as soon as it
				  becomes available.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 130 - SAFETY AND ACCIDENT REPORTING REQUIREMENTS › Section 407-130-4 - INVESTIGATION

Current through 2024-29, July 17, 2024
1.
Investigation of Fatal
				Accidents.
Pursuant to
				   35-A M.R.S.A.
				  §710(1), the Director
				  of the Technical Analysis Division shall immediately initiate an investigation
				  of any accident that results in the loss of human life. The investigation shall
				  be conducted in compliance with
				   35-A M.R.S.A.
				  §710(3).
2.
Investigation of Other
				Serious Accidents.
The Director of the Technical Analysis Division may initiate
				  an investigation of other serious accidents if in his or her judgment the
				  public interest requires it.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 130 - SAFETY AND ACCIDENT REPORTING REQUIREMENTS › Section 407-130-5 - RESERVATION; WAIVER; DELEGATION; PENALTIES

Current through 2024-29, July 17, 2024
1.
Reservation.
The Commission reserves the right to require the utility to
				  produce any information that the Commission or the Director of Technical
				  Analysis believes is necessary to ensure a complete investigation.
2.
Waiver.
The Commission or the Director of Technical Analysis may
				  waive any of the reporting requirements of this rule upon a finding that the
				  information received from the utility is or will be sufficient to enable the
				  Commission to satisfy its responsibilities under
				   35-A M.R.S.A
				  §§115 and
				  710.
3.
Delegation.
Pursuant to
				   35-A M.R.S.A.
				  §107(4), the Commission
				  delegates to the Director of the Technical Analysis Division the authority to
				  conduct any investigation authorized or required by
				   35-A M.R.S.A.
				  §710. The Director of the Technical
				  Analysis Division may delegate specified responsibilities under this rule to
				  designated technical Staff within the Technical Analysis Division. Nothing in
				  this delegation shall limit the Commission's right to conduct its own summary
				  or formal investigation and issue an order pursuant to
				   35-A M.R.S.A.
				  §710 or §
										1303.
4.
Penalties.
Any utility that does not comply fully with the notice or
				  reporting requirements of this rule shall be subject to any of the penalties
				  provided by
				   35-A M.R.S.A.
				  §§112(4) and
				  1501-1509.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 130 - SAFETY AND ACCIDENT REPORTING REQUIREMENTS › Section 407-130-6 - CONFIDENTIALITY OF ACCIDENT INVESTIGATION INFORMATION

Current through 2024-29, July 17, 2024
1.
In General.
The combined effect of
				   35-A M.R.S.A.
				  §710(5), M. R. Civ. P.
				  26(b), M. R. Evid. 501,
				   1 M.R.S.A.
				  §402(3)(A) &(B),
				  and Moffett v. City of Portland, 400 A.2d 340 (Me. 1979), results in the
				  extension of a privilege of confidentiality to certain information related to
				  utility accident investigations.
2.
Admission in Evidence.
Accident reports submitted by utilities pursuant to Sections
				  3.1 and 3.2 of this rule, and resulting Commission orders and recommendations,
				  are not admissible in any civil action for damages arising out of such
				  accidents.
3.
Disclosure of Utility Accident Reports.
Oral and written accident reports submitted pursuant to
				  Sections 3.1 and 3.2 of this rule are privileged from disclosure from discovery
				  and under the Freedom of Access Law, upon objection to disclosure by the
				  utility.
4.
Disclosure of Commission Orders and Recommendations.
The Commission's final orders and recommendations will
				  routinely be made available to the public with no prerequisite showing
				  required.
5.
Disclosure of Other Accident Investigation Information.
All other accident investigation information will initially
				  be protected from disclosure until notice and opportunity to be heard have been
				  provided to the utility. The Commission will generally disclose any
				  staff-generated documents that do not contain a recitation of information in a
				  protected accident report or other protected documents. The Commission may
				  disclose all or part of any other documents or information obtained by the
				  Staff from a utility, that would otherwise be discoverable under the rules of
				  civil procedure. The Commission will give due consideration to the standards
				  for protection of trial preparation materials, as provided in Rule 26(b)(3), M.
				  R. Civ. P.
6.
Disclosure Delegation.
The Commission hereby delegates its authority to allow or
				  prohibit disclosure of accident investigation information subject to the
				  guidelines in this section to the General Counsel or the Hearing Examiner, if
				  one has been assigned. This delegation in no way limits the Commission's
				  authority to review the decision of the General Counsel or Hearing Examiner or
				  to consider requests for disclosure directly. The General Counsel or Hearing
				  Examiner shall issue all decisions on disclosure in writing, and shall place
				  the original in the accident investigation file and shall forward copies to all
				  interested parties.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 130 - SAFETY AND ACCIDENT REPORTING REQUIREMENTS › Section 407-130-7 - RETENTION AND AVAILABILITY OF RECORDS AND REPORTS

Current through 2024-29, July 17, 2024
Utilities shall keep all records and reports related to
				  safety and accident reporting under this rule, including interview reports,
				  studies, records and reports connected with a particular event for which
				  immediate notification or written reporting is required pursuant to this rule,
				  within the state at an office of the utility and shall open those records and
				  reports for examination by the Commission or its representatives upon
				  reasonable notice at all reasonable hours. Utilities shall carefully preserve
				  all such records for at least ten years.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 140 - UTILITY SERVICE AREA AND INFRASTRUCTURE MAPS › Section 407-140-1 - GENERAL PROVISIONS

Current through 2024-29, July 17, 2024
A. Applicability of
				Rule. This Chapter applies to all gas utilities, electric transmission and
				distribution (T&D) utilities, water utilities, incumbent local exchange
				carriers (ILECs), competitive local exchange carrier (CLEC) telephone utilities
				that are designated as eligible telecommunications carriers (ETCs) by the
				Commission pursuant to 47 U.S.C. §214(e), and interexchange carriers
				(IXCs) with facilities in Maine. The requirements of §
									2 (Service Area Exchange, and Wire
				Center Boundary Maps) do not apply to IXCs. The requirements of §
									3 (Infrastructure Maps) do not apply
				to T&D utilities that provide service only on offshore islands.
B. Definitions
1. "Distribution Infrastructure" for electric
				transmission and distribution (T&D) utilities means infrastructure that
				meets the seven indicators of local distribution determined by the
Federal Energy Regulatory Commission, Order No. 888
, 75 FERC
				¶ 61,080 (Apr. 24, 1996) at 230:
a. Local
				distribution facilities are normally in close proximity to retail
				customers.
b. Local distribution
				facilities are primarily radial in character.
c. Power flows into local distribution
				systems; it rarely, if ever, flows out.
d. When power enters a local distribution
				system, it is not reconsigned or transported on to some other market.
e. Power entering a local distribution system
				is consumed in a comparatively restricted geographical area.
f. Meters are based at the transmission/local
				distribution interface to measure flows into the local distribution
				system.
g. Local distribution
				systems will be of reduced voltage.
The above indicators apply as further defined by the
				  Commission for individual utilities in
Maine Public Utilities
				  Commission Investigation of Retail Electric Transmission Services and
				  Jurisdictional Issue
, Docket No. 99-185.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 140 - UTILITY SERVICE AREA AND INFRASTRUCTURE MAPS › Section 407-140-4 - WAIVER

Current through 2024-29, July 17, 2024
Upon the request of any person subject to the provisions of
				  this Chapter for good cause shown, or upon its own motion, the Commission may
				  waive any of the requirements of this Chapter. Where good cause exists, the
				  Commission, the Administrative Director, the Director of Technical Analysis,
				  the Hearing Examiner, or Presiding Officer assigned to a proceeding related to
				  this Chapter may grant the requested waiver, provided that the granting of the
				  waiver would not be inconsistent with the purposes of this Chapter or Title
				  35-A.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 200 - TELECOMMUNICATIONS CARRIER OUTAGE REPORTING › Section 407-200-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Contact Protocol.
"Contact
				Protocol" means the most recent version of the notice procedure and contact
				list periodically updated and issued by the Director of the Commission's
				Technical Analysis Division pursuant to Chapter 130 §
									3(5).
B.
DS3 Minutes.
"DS3 Minutes"
				means the mathematical result of multiplying the duration of an outage,
				expressed in minutes, by the number of operating DS3 circuits that are affected
				by an outage.
C.
Outage.
An "outage" is any significant degradation in the ability of an
				end user to establish and maintain a channel of communications as a result of
				failure or degradation in the performance of a telecommunications carrier's
				network or equipment.
D.
Telecommunications Carrier.
A "telecommunications carrier" is any
				person, association, corporation, or other entity that provides intrastate
				telecommunications services, whether or not that entity is a public utility.
				Telecommunications carrier includes all interexchange carriers (IXCs) and all
				local exchange carriers (LECs).
E.
User Minutes.
"User minutes" means the mathematical result of
				multiplying the duration of an outage, expressed in minutes, by the number of
				working telephone numbers potentially affected by the outage.
F.
Working Telephone Number.
A
				"working telephone number" is the number of telephone numbers, including DID
				numbers, or numbers behind a PBX or Centrex service, working immediately prior
				to an outage.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 200 - TELECOMMUNICATIONS CARRIER OUTAGE REPORTING › Section 407-200-2 - REPORTING REQUIRED

Current through 2024-29, July 17, 2024
A.
Scheduled
				Outages
Notice of scheduled outages shall be provided as
				  follows:
1.
Initial Notice to
				the Commission
Each telecommunications carrier shall notify the Commission
				  electronically, pursuant to the Contact Protocol, ten business days prior to
				  any scheduled outage that is expected to exceed 30 minutes of duration and
				  90,000 user minutes or 1,350 DS3 minutes. If a telecommunications carrier
				  determines that exigencies exist which necessitate that an outage be scheduled
				  sooner than would permit such notice, the telecommunications carrier shall
				  notify the Commission within 120 minutes after it makes such a determination.
				  The notification required by this subsection shall include the information
				  required by Section
				  3.
2.
Final Notice to the
				Commission
Upon request by the Director of Technical Analysis or his/her
				  designee, within 30 days after such request the telecommunications carrier
				  shall submit, pursuant to the Contact Protocol, a Final Outage Report. The
				  Final Outage Report shall contain the information required by Section
				  3.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 200 - TELECOMMUNICATIONS CARRIER OUTAGE REPORTING › Section 407-200-3 - CONTENT OF NOTICE

Current through 2024-29, July 17, 2024
A.
Initial
				Notice to the Commission
The Initial Notice required to be provided to the Commission
				  shall include the following information:
1. the name of the telecommunications
				carrier;
2. the date of the
				notice;
3. the name, position, and
				24x7 contact information of the person completing the notice or other
				responsible persons familiar with the situation;
4. the date and time of onset of
				outage;
5. a brief description of
				the problem;
6. the particular
				services affected; and
7. the
				geographic area affected by the outage.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 200 - TELECOMMUNICATIONS CARRIER OUTAGE REPORTING › Section 407-200-4 - WAIVER OR EXEMPTION

Current through 2024-29, July 17, 2024
Upon request of any person subject to the provisions of 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 201 - PROVIDER OF LAST RESORT SERVICE QUALITY › Section 407-201-1 - PURPOSE AND APPLICABILITY

Current through 2024-29, July 17, 2024
A.
Purpose.
The purpose of this Chapter is to establish the service
				quality indicators and standards for providers of Provider of Last Resort
				(POLR) service. This Chapter also describes the requirements and procedures
				governing Commission investigations regarding failures to meet the service
				quality standards and the penalties, rebates or rate reductions that the
				Commission may impose for failure to meet the service quality standards.
B.
Applicability.
This Chapter applies to all POLR service providers in Maine.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 201 - PROVIDER OF LAST RESORT SERVICE QUALITY › Section 407-201-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Incumbent Local Exchange
				Carrier.
"Incumbent Local Exchange Carrier" has the same meaning as in
				47 U.S.C. section
				251, subsection h.
B.
Investigable Failure.
"Investigable Failure" means the failure of a Price Cap ILEC Service Provider
				to meet the same service quality metric for any two consecutive
				quarters.
C.
Non-Price Cap
				ILEC.
"Non-Price Cap ILEC is an Incumbent Local Exchange Carrier that is
				not a Price Cap Incumbent Local Exchange Carrier.
D.
Price Cap ILEC.
"Price Cap
				ILEC" has the same meaning as "Price Cap Incumbent Local Exchange Carrier" in
				 35-A M.R.S.,
				section7102, subsection
				6-A.
E.
Provider of Last Resort Service or
				POLR Service.
"Provider of Last Resort Service:" or "POLR Service" has
				the same meaning as in Title 35-A, M.R.S. section 7201, subsection
				7.
F.
Service Provider.
"Service
				Provider" has the same meaning as in Title 35-A, M.R.S. section 7201,
				subsection
				8.
G.
Service Quality Indicators.
"Service Quality Indicators," also referred to as service quality metrics,
				means areas of service quality that may be measured.
H.
Service Quality Standards.
"Service Quality Standards," also referred to as service quality benchmarks,
				means service goal baselines that must be met by POLR service
				providers.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 201 - PROVIDER OF LAST RESORT SERVICE QUALITY › Section 407-201-3 - INFORMATION FOR QUARTERLY REPORTS FOR NON-PRICE CAP ILECS

Current through 2024-29, July 17, 2024
Service quality reports required pursuant to Section
				  5 of this Chapter shall be based on
				  service to all voice customers who receive service from the Non-Price Cap ILEC
				  Service Provider.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 201 - PROVIDER OF LAST RESORT SERVICE QUALITY › Section 407-201-4 - SERVICE QUALITY INDICATORS (METRICS) AND SERVICE QUALITY STANDARDS (BENCHMARKS) FOR NON-PRICE CAP ILECS

Current through 2024-29, July 17, 2024
Non-Price Cap ILEC Service Providers shall report to the
				  Commission on the five service quality metrics established in Section 4(C) of
				  this Chapter. The benchmarks represent a reasonable and adequate level of
				  service quality for customers.
A.
Adjustment of Benchmarks.
The Commission may adjust the Service
				Quality Standards for Non-Price Cap ILEC Service Providers in a future
				rule-making.
B.
Service
				Provider Performance.
Non-Price Cap ILEC Service Providers' actual
				reported performance for each metric must be equal to or better than the
				benchmark. Actual performance is considered equal to or better than the
				benchmark if the reported result is less than or equal to the benchmark. If
				performance fails to meet the benchmark, the Commission may open an
				investigation and may impose a penalty, rebate or rate reduction pursuant to
				Sections
				6 and
				7 below.
C.
Description of Service Quality
				Metrics and Required Benchmarks.
The following service quality metrics
				and corresponding bench marks are applicable to Non-Price Cap ILEC Service
				Providers:
1.
Percentage of
				Installation Appointments Not Met (Company Reasons)
a.
Metric Description.
This
				metric measures the percent of total completed orders for which the service
				provider did not meet the committed due date because of Non-Price Cap ILEC
				Service Provider reasons. The actual result is calculated by dividing the
				number of service appointments for which the due date was not met by the total
				number of scheduled appointments. When an appointment is not met due to other
				than Non-Price Cap ILEC Service Provider reasons, including a rescheduling of
				the appointment at the request of the customer, the appointment is not
				considered a miss for the purposes of service quality reporting.
b.
Benchmark:
.975%
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 201 - PROVIDER OF LAST RESORT SERVICE QUALITY › Section 407-201-5 - NON-PRICE CAP ILEC QUARTERLY REPORT FILINGS TO THE COMMISSION

Current through 2024-29, July 17, 2024
A.
Content.
Non-Price Cap ILEC
				Service Providers shall track the service quality metrics established in
				Section
				4(C) of this Chapter
				on a monthly basis. Each quarterly report shall include the results for each
				month of the quarter, the quarterly average result, the quarterly results for
				each of the three prior quarters, and the rolling four-quarter
				average.
B.
Filing
				Quarterly.
Non-Price Cap ILEC Service Providers shall file reports
				quarterly with the Commission, reporting the numerator and denominator
				necessary to calculate the results for those metrics that are rates,
				percentages or averages for each of the three months. For the metric that is a
				cumulative measurement, the Non-Price Cap ILEC Service Provider shall report
				the number of outages for each month of the quarter. Quarterly reports shall be
				due within 28 days of the end of a calendar quarter.
C.
Additional Content Required For
				Failure to Meet the Benchmark(s)
.Within ten business days from the
				filing of a quarterly report any Non-Price Cap ILEC Service Provider that fails
				to meet one or more of the service quality benchmarks established in Section
				4(C) of this Chapter
				shall file with the Commission an explanation of why it failed to meet the
				benchmark(s). With its explanatory filing, the Non-Price Cap ILEC Service
				Provider may also include any reasons and/or mitigating circumstances for why
				the Commission should not open an investigation into the failure to meet the
				service quality benchmark(s) pursuant to Section
				6 of this Chapter.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 201 - PROVIDER OF LAST RESORT SERVICE QUALITY › Section 407-201-6 - COMMISSION INVESTIGATION OF NON-PRICE CAP ILECS

Current through 2024-29, July 17, 2024
Upon reviewing the reports and any other information filed
				  pursuant to Section
				  5 of this Chapter, the Commission may
				  open an adjudicatory investigation into the failure by a Non-Price Cap ILEC
				  Service Provider to meet any of the service quality benchmarks established in
				  Section
				  4(C) of this
				  Chapter.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 201 - PROVIDER OF LAST RESORT SERVICE QUALITY › Section 407-201-7 - PENALTIES, REBATES OR RATE REDUCTIONS FOR NON-PRICE CAP ILECS

Current through 2024-29, July 17, 2024
The Commission may impose penalties or require a Non-Price
				  Cap ILEC Service Provider to provide rebates or rate reductions if the
				  Commission finds, after an investigation pursuant to Section
				  6 of this Chapter, that a Non-Price
				  Cap ILEC Service Provider has failed to meet the service quality benchmarks
				  established in Section
				  4(C) of this Chapter.
				  The penalty provisions of
				  35-A M.R.S.
				  section1508-A shall apply as described
				  below.
A.
Amount.
The
				amount assessed after any individual investigation shall not exceed amounts
				authorized pursuant to
				35-A M.R.S.
				section1508-A(1).
B.
Considerations Regarding the
				Amount.
In determining the amount of a penalty, rebate or rate reduction
				the Commission shall take into account the following factors:
1. the severity of the Non-Price Cap ILEC
				Service Provider's failure to meet the service quality benchmark, including the
				intent of the Non-Price Cap ILEC Service Provider and the nature,
				circumstances, extent, and gravity of the failure;
2. the Non-Price Cap ILEC Service Provider's
				history including the number of quarters that the Non-Price Cap ILEC Service
				Provider successfully met or failed to meet the service quality
				benchmark;
3. the amount necessary
				to deter future failures to meet the benchmark, taking into consideration the
				size of the Non-Price Cap ILEC Service Provider, as measured by its revenues,
				assets or number of customers;
4.
				the amount necessary to adequately compensate customers of the Non-Price Cap
				ILEC Service Provider for any degradation of service;
5. the Non-Price Cap ILEC Service Provider's
				good faith attempts to comply with the ILEC benchmark;
6. steps the Non-Price Cap ILEC Service
				Provider has taken to ensure future compliance with the benchmark; and 7. such
				other matters as justice requires.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 201 - PROVIDER OF LAST RESORT SERVICE QUALITY › Section 407-201-8 - INFORMATION FOR QUARTERLY REPORTS FOR PRICE CAP ILECS

Current through 2024-29, July 17, 2024
Service quality reports required pursuant to Section 10 of
				  this Chapter shall be based on rolling four-quarter averages, in the areas in
				  which the Price Cap ILEC is the Service Provider.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 201 - PROVIDER OF LAST RESORT SERVICE QUALITY › Section 407-201-9 - SERVICE QUALITY INDICATORS (METRICS) AND SERVICE QUALITY STANDARDS (BENCHMARKS) FOR PRICE CAP ILECS

Current through 2024-29, July 17, 2024
Price Cap ILEC Service Providers shall report to the
				  Commission on the four service quality metrics in Section 9(B) of this Chapter.
				  Reports submitted to the Commission by Price Cap ILEC Service Providers are
				  confidential and not public records under
				  1 M.R.S.
				  section402(3) and may not be
				  disclosed to any person outside the Commission, except as provided in Section
				  9(A) of this Chapter.
A.
Service
				Provider Performance
. Price Cap ILEC Service Providers' actual reported
				performance for each metric must be equal to or better than the benchmark.
				Actual performance is considered equal to or better than the benchmark if the
				reported result is less than or equal to the benchmark. The failure of a Price
				Cap ILEC Service Provider to meet the same service quality metric for any two
				consecutive quarters constitutes an "Investigable Failure," and the results for
				this service quality metric for the two consecutive quarters are no longer
				confidential and become public records. The Commission shall investigate all
				Investigable Failures by a Price-Cap ILEC Service Provider. If the Commission
				concludes after investigation that the failure to meet a service quality metric
				is due to factors within the control of the Price Cap ILEC Service Provider,
				the Commission shall, by Order, direct the Price Cap ILEC Service Provider to
				take such steps as the Commission determines necessary to meet the metric. If
				the Price Cap ILEC Service Provider fails to comply with the Commission's
				Order, the Commission shall impose a penalty in accordance with
				35-A M.R.S.
				section1508-A(1)(A) in an
				amount sufficient to ensure compliance with that Order.
B.
Description of Service Quality
				Metrics and Required Benchmarks.
The following service quality metrics
				and corresponding benchmarks are applicable to Price Cap ILEC Service
				Providers:
1.
Percentage of
				Installation Appointments Not Met (Company Reasons)
a.
Metric Description.
This
				metric measures the percent of total completed orders for which the service
				provider did not meet the committed due date because of Price Cap ILEC Service
				Provider reasons. The actual result is calculated by dividing the number of
				service appointments for which the due date was not met by the total number of
				scheduled appointments. When an appointment is not met due to other than Price
				Cap ILEC Service Provider reasons, including a rescheduling of the appointment
				at the request of the customer, the appointment is not considered a miss for
				the purposes of service quality reporting.
b.
Benchmark:
12%
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 201 - PROVIDER OF LAST RESORT SERVICE QUALITY › Section 407-201-10 - PRICE CAP ILEC QUARTERLY REPORT FILINGS TO THE COMMISSION

Current through 2024-29, July 17, 2024
A.
Content.
Price Cap ILEC
				Service Providers shall track the service quality metrics established in
				Section 9(B) of this Chapter on a monthly basis. Each quarterly report shall
				include the results for each month of the quarter, the quarterly average
				result, the quarterly results for each of the three prior quarters, and the
				rolling four-quarter average.
B.
Filing Quarterly.
Price Cap ILEC Service Providers shall file
				reports quarterly with the Commission, reporting the numerator and denominator
				necessary to calculate the results for each of the three months. Quarterly
				reports shall be due within 28 days of the end of a calendar quarter.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 201 - PROVIDER OF LAST RESORT SERVICE QUALITY › Section 407-201-11 - WAIVER OR EXEMPTION

Current through 2024-29, July 17, 2024
Upon request of any person subject to the provisions of 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 Telephone and Water Utilities, 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 202 - REQUIREMENTS FOR AUDIOTEXT (PAY-PER-CALL) SERVICE › Section 407-202-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
For the purposes of this rule the following terms shall have
				  the meaning set forth below unless the context clearly indicates a different
				  meaning:
A. Audiotext services.
				"Audiotext services" means informational or other services for which, in
				addition to any message telecommunications service charge, a fee is charged on
				a per-call or per-minute basis or some combination thereof by a provider that
				leases telephone lines from an interexchange carrier or a telephone utility.
				This term includes informational or other services provided for a charge, in
				addition to any message telecommunications services charges, by means of
				prerecorded messages or interactive recordings, as well as similar services
				provided for a charge by means of a collect telephone call to consumers.
				Audiotext services are accessed by the customer by using dialing codes 900,
				976, 940 or 550.
B. Basic telephone
				service. "Basic telephone service" provides the user with the ability to make
				and receive calls within a local telephone exchange, and to make and receive
				both intra- and inter-LATA toll calls.
C. Commission. "Commission" means the Public
				Utilities Commission.
D. Provider.
				"Provider" means the person or organization providing audiotext services to
				consumers for a charge.
E.
				Telephone Utility. "Telephone utility" means a telephone utility as defined in
				 35-A M.R.S.A.
				§102(19) that provides
				local exchange service to Maine customers and that bills and collects for
				audiotext services.