reglab/statecodes huggingface dataset:
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 69 - DETERMINATION OF FIRE PROTECTION REVENUES FOR WATER UTILITIES › Section 407-69-2 - Determination of Percentage of Gross Revenue for Fire Protection Charge

Current through 2024-29, July 17, 2024
To determine the percentage of gross revenue that a water
				  utility shall allocate to public fire protection charges, it shall first
				  determine the fraction in which Peak Flow is the numerator and Required Fire
				  Flow is the denominator. This fraction shall then be plotted on the Fire
				  Protection Allocation Curve, attached as Appendix A. The applicable percentage
				  is read at the point where the fraction determined above, as plotted on the
				  horizontal axis of the Fire Protection Allocation Curve, intersects the
				  vertical axis of the curve.
The allocation shall be as determined by the curve, except as
				  follows:
A. In no event shall the
				percentage at gross revenue allocated to fire protection charges be more than
				30%, or less than 6%, of gross revenue, unless either (1) the utility proves to
				the Commission, by such studies as the Commission may require, that such
				extraordinary percentages are reasonable and necessary; or (2) that an
				allocation factor of more than 30% has been accepted by the municipality and
				approved by the Commission and conditions have not materially
				changed.
B. The Commission finds,
				on the basis of evidence presented to it, which may include the allocation
				factor approved by the Commission in the utility's last rate case, that a
				different allocation factor should be used because of an inadequate fire flow
				or other good cause.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 69 - DETERMINATION OF FIRE PROTECTION REVENUES FOR WATER UTILITIES › Section 407-69-3 - Full Allocation Studies

Current through 2024-29, July 17, 2024
A. As an
				alternative to using the Standard Allocation Method, a utility may prepare and
				present to the Commission for its consideration a full allocation study of its
				own system. Utilities are encouraged to prepare and present such studies when
				there are conditions on their system, such as extensive treatment facilities,
				that would make the application of the Standard Allocation Method unreasonable
				or inappropriate.
B. The Commission
				may order a utility to prepare and present to it for its consideration a full
				allocation study of the utility's system when it determines that application of
				the Standard Allocation Method would be unreasonable or
				inappropriate.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 69 - DETERMINATION OF FIRE PROTECTION REVENUES FOR WATER UTILITIES › Section 407-69-4 - Charges for Public Fire Protection for New Extension

Current through 2024-29, July 17, 2024
Until the date of completion of its next general rate case
				  proceeding, a utility, other than a utility that has chosen to make no new
				  investments in new extensions pursuant to
				  
				  35-A M.R.S.A. §6106, following the
				  effective date of its decision not to invest pursuant to that section, may bill
				  to the municipality, or the public authority, the charge for public fire
				  protection on a new main extension constructed in a municipally accepted public
				  way after the effective date of the rule to which extension the first customer
				  was connected after February 1, 1987, pursuant to the following formula:
TACR x FP
Where
TACR = Total average annual customer revenue for all
				  customers connected directly to the extension, including public fire
				  protection, as defined in Chapter 65, §
									1(F).
FP = Percentage of utility's revenue requirement for fire
				  protection determined pursuant to Section
				  2, above, or as otherwise ordered by
				  the Commission.
Hydrants on a public way shall be installed at the spacing or
				  locations agreed upon by the utility and the municipality when the extension is
				  constructed, but the charges shall apply whether or not any hydrants are
				  located on the main extension.
Until such time as the way on which a hydrant is located is
				  accepted by a municipality or the municipality accepts responsibility for a
				  hydrant as a public hydrant, the hydrant shall be considered private fire
				  protection and shall be billed accordingly.
Any tariff provision that conflicts with this rule shall be
				  null and void.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 69 - DETERMINATION OF FIRE PROTECTION REVENUES FOR WATER UTILITIES › Section 407-69-5 - Charges for new public hydrants on mains to which the first customer was connected on or before February 1, 1987

Current through 2024-29, July 17, 2024
Until the date of completion of its next general rate
				  proceeding, a utility may bill to the municipality, or other public authority,
				  the charge for public fire protection for new hydrants installed on mains to
				  which the first customer was connected on or before February 1, 1987, pursuant
				  to the following formula:
The formula for determining the annual charge (AC) for a
				  non-investor owned utility is:
AC = CH x [C + P + .02]
The formula for determining the annual charge (AC) for an
				  investor-owned utility is:
AC = CH x [CD + CE/1 - (FIT - (FIT x SIT) + SIT + .02]
Where:
AC = Annual charge for a new hydrant on a main to which the
				  first customer was connected on or before February 1, 1987.
C = Overall cost of capital for non-investor owner utilities,
				  expressed as a decimal. Unless otherwise approved or set by the Director of
				  Finance or the Commission, the cost of capital shall be the average interest
				  rate for the first 15 years of the most recent issues of the Maine Bond Bank
				  for a serial bond, assuming equal annual principal payments.
CH = cost of the hydrant.
CD = Cost of debt for an investor-owned utility, weighted by
				  the debt ratio, expressed as a decimal. Unless otherwise approved or set by the
				  Director of Finance or the Commission, the cost of debt and the debt ratio
				  shall be those approved in the utility's most recent rate case.
CE = Cost of equity, weighted by the equity ratio, expressed
				  as a decimal. Unless otherwise approved or set by the Director of Finance of
				  the commission, the cost of equity and the equity ratio shall be those approved
				  in the utility's most recent rate case.
FIT = The utility's marginal federal income tax rate allowed
				  in its most recent rate case, expressed as decimal, unless a different tax rate
				  is approved or set by the Director of Finance or the Commission.
P = Principal payment percentage annually, expressed as a
				  decimal. Unless a different amount is approved or set by the Director of
				  Finance or the Commission, the amount shall be .067 (15 years).
SIT = The utility's marginal state income tax rate allowed in
				  its most recent rate case, expressed as a decimal, unless a different tax rate
				  is approved or set by the Director of Finance or the Commission.
Until such time as the way on which a hydrant is located is
				  accepted by a municipality or the municipality accepts responsibility for the
				  hydrant as a public hydrant, the hydrant shall be considered private fire
				  protection and shall be billed accordingly.
Any tariff provision that conflicts with this rule shall be
				  null and void.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 69 - DETERMINATION OF FIRE PROTECTION REVENUES FOR WATER UTILITIES › Section 407-69-6 - Application

Current through 2024-29, July 17, 2024
A. This rule will govern the rate design of
				all rate filings made by water utilities after the effective date of the rule,
				whether filed pursuant to
				 35-A M.R.S.A.
				§§307 and
				309
				or §§
									307
				and
				6104.
				Utilities will not be required by reason of this rule to file for a change of
				rates existing on the effective date of this rule, unless required by
				Commission order under
				 35-A M.R.S.A.
				§1306 after a §1303
				investigation.
B. Rates filed
				pursuant to
				 35-A M.R.S.A.
				§§307 and
				6104
				after the effective date of the rule that do not conform with the provisions of
				the rule shall be considered unreasonable and not take effect, unless
				substantiated by an acceptable allocation study for the utility's system. The
				Technical Analysis Division of the Commission will review all §6104 rate
				filings to determine compliance with this rule and shall notify the utility if
				there is non-compliance with the rule. After receipt of this notice, the
				utility shall not charge its new rates until new rates have been filed pursuant
				to §§307 and 6104 that are in compliance with this rule, or the
				Commission, after a hearing requested by the utility, finds that they are in
				compliance with this rule.
C. In
				cases where a utility serves more than one municipality, it may allocate to
				each municipality served a percentage of the total public fire protection
				revenues that it is entitled to collect on the basis of that municipality's
				percentage of the total number of hydrants served by the utility.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 83 - POLITICAL ACTIVITIES, INSTITUTIONAL ADVERTISING, PROMOTIONAL ADVERTISING, AND PROMOTIONAL ALLOWANCES BY PUBLIC UTILITIES › Section 407-83-1 - Definitions

Current through 2024-29, July 17, 2024
A. Advertising. The term "Advertising" means
				the use of any media, including radio, television, periodicals, newspapers,
				billboards, car cards, exhibits, bill inserts, handbills, brochures, and other
				printed matter, in order to communicate a message to the general public, to a
				portion of the general public, or to a public utility's customers.
B. Political Activities. Political activities
				by utilities are acts, expenditures and advertising conducted by the utility or
				by an organization of which the utility is a member for the purpose of
				influencing federal, state, or local ordinances, legislation or legislative
				resolutions, campaigns for political office, referenda, initiatives,
				constitutional amendments or state and municipal bond issues. Without
				limitation, and by way of example only, political activities shall include:
1) activities before executive or
				administrative agencies or officials, or the general public, for the purpose of
				advocating a specific position with respect to a campaign as defined in
				 21-A M.R.S.A.
				§1032(1);
2) activities before or communications with
				legislative or executive officials for the purpose of influencing legislative
				actions or political appointments, or for the purpose of advocating initiation
				of legislative actions, including activities which must be reported in the
				Secretary of State's lobbyist disclosure report under
				 3 M.R.S.A. §317;
3) contributions, gifts, or
				non-monetary donations to political candidates, political parties, political or
				legislative committees or to any committees or organizations working to
				influence referendum petitions or elections, pursuant to 35 M.R.S.A.
				§51-A. Without limitations, and by way of example only, the following do
				not constitute political activities:
1)
				proceedings before local, state, or federal executive or administrative
				agencies to secure licenses, permits, easements, variances, or similar
				authority;
2) rulemaking proceedings
				before state or federal agencies, unless the utility advocates a position with
				respect to a campaign;
3) services
				rendered by utility employees on behalf of government agencies, boards,
				commissions, or ad hoc committees created by public bodies to examine
				particular issues, or; 4) responding to informational requests from legislators
				or legislative committees where the utility is not involved in attempting to
				influence legislative action.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 83 - POLITICAL ACTIVITIES, INSTITUTIONAL ADVERTISING, PROMOTIONAL ADVERTISING, AND PROMOTIONAL ALLOWANCES BY PUBLIC UTILITIES › Section 407-83-2 - Reports Required

Current through 2024-29, July 17, 2024
A. Annual Reports
				for Advertising, Political Activities, Institutional or Promotional
				Advertising, or Promotional Allowances.
Each public utility engaging in any advertising, political
				  activities, institutional advertising, promotional advertising, or the making
				  or promotional allowances shall file a report annually with the Commission
				  containing a written description of such activities, advertising, and
				  allowances, whether conducted by the utility itself or by another corporation,
				  organization, association, or individual on the utility's behalf. The report
				  shall be included with the utility's annual report to the Commission and shall
				  include the expanses associated with such activities, advertising or
				  allowances, as well as total expenditures on all such activities, advertising
				  methods used by the utility to collect and account for such information and the
				  methods used to inform its employees and agents of the requirements of this
				  rule and how to report such information to the utility for inclusion in the
				  report required by this section and the accounts required by section
				  3 of this rule. The Commission may
				  review and require alteration of any reporting or accounting methods and
				  procedures to ensure that the policies of this rule are implemented uniformly.
				  In addition, each public utility shall keep copies of all its institutional and
				  promotional advertising on file for inspection by the Commission.
Furthermore, with respect to political activities, the report
				  shall include: 1) the number and titles of each utility employee involved; 2)
				  the hours spent by these employees each quarter; 3) the expenditures, salary,
				  and associated overheads of each employee while engaged in political
				  activities. Political activities expenditures on major issues shall be
				  separated and reported by specific issue or activity whenever aggregate
				  spending for a particular issue or activity exceeds $50,000 or 10% of the total
				  of all political activities expenditures over the most recent twelve-month
				  period or are estimated to exceed 10% of the political expenditures for that
				  calendar year.
B. Quarterly
				Summary Reports for Utilities Engaged in Political Activities.
Each utility engaged in political activities shall file a
				  quarterly summary report listing the major political activities and associated
				  expenditures, as defined above. In addition, this summary report shall include
				  the total expenditures on political activities, separated by expenditures
				  incurred internally and externally.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 83 - POLITICAL ACTIVITIES, INSTITUTIONAL ADVERTISING, PROMOTIONAL ADVERTISING, AND PROMOTIONAL ALLOWANCES BY PUBLIC UTILITIES › Section 407-83-3 - Accounting

Current through 2024-29, July 17, 2024
Each public utility shall keep a record of all expenditures,
				  contributions, expenses and costs directly or indirectly associated with, or
				  incurred entirely or in part with respect to, political activities,
				  institutional advertising, promotional advertising, and promotional allowances.
				  Such records shall identify, to the extent reasonably possible in accordance
				  with applicable standards of accounting practice, all contributions, dues,
				  fees, and other amounts paid directly or indirectly, or through license,
				  service, or management contracts or arrangements or otherwise, to another
				  corporation, organization, association, or individual, to the extent used to
				  conduct such activities on the utility's behalf.
All direct and indirect expenditures associated with
				  political activities by all utilities and associated with institutional
				  advertising, promotional advertising, and promotional allowances by electric
				  and gas utilities shall be accounted for by recording the same in separate
				  subdivisions of the appropriate non-operating account listed below entitled
				  "Miscellaneous Deductions from Income" and shall reflect the total of such
				  expenditures as a footnote to the income statement in the annual report to the
				  Commission.
Electric Utilities Account No. 449
Water Utilities Account No. 448
Telephone Utilities
Small Independents Account No. 423
NET&T and Class A
Independents Account No. 323
Gas Utilities Account No. 426
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 83 - POLITICAL ACTIVITIES, INSTITUTIONAL ADVERTISING, PROMOTIONAL ADVERTISING, AND PROMOTIONAL ALLOWANCES BY PUBLIC UTILITIES › Section 407-83-4 - Prior Approval Required for Promotional Allowance

Current through 2024-29, July 17, 2024
No electric or gas utility shall provide any promotional
				  allowance or engage in a promotional allowance program without the prior
				  express written approval of the Commission, upon a finding that such allowance
				  or program is just, reasonable, and in accord with applicable statutes, rules,
				  and regulations.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 85 - REGULATORY PROCEEDING EXPENSES › Section 407-85-1 - Regulatory Proceeding Expenses

Current through 2024-29, July 17, 2024
Regulatory proceeding expenses shall include any expense, fee
				  or charge paid directly or indirectly by any public utility to any person,
				  firm, corporation, or association other that its own employees, for legal,
				  accounting, financial or other expert or specialized services in association
				  with any proceeding before the Maine Public Utilities Commission or in any
				  proceeding before the Maine Supreme Judicial Court arising out of a Commission
				  proceeding. For purposes of this rule, regulatory proceeding expenses shall not
				  include copying, telephone, mail, courier, or other such incidental costs; such
				  incidental expenses shall be recoverable through normalization in a Company's
				  test-year revenue requirement.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 85 - REGULATORY PROCEEDING EXPENSES › Section 407-85-2 - Records Required

Current through 2024-29, July 17, 2024
A. Contents. Every
				public utility seeking recovery of regulatory proceeding expenses shall
				maintain records containing a detailed description and accounting of all
				regulatory proceeding expenses. Such records shall identify, by proceeding, the
				hours spent and fees charged by all persons whose salaries, fees or charges
				constitute regulatory proceeding expenses ad defined in section
				1 above.
1. Issue-By-Issue Reporting. Regulatory
				proceeding expenses shall be allocated among the issues presented or raised in
				a proceeding to the extent practicable, and in all situations in which, during
				the course of a particular task, the issue occupies at least one hour of the
				time of an attorney or expert whose fees constitute regulatory proceeding
				expenses, as defined in Section
				1.
2. Provided, however, that the utility may,
				in lieu of reporting regulatory expenses on an issue-by-issue basis, elect to
				limit its recovery of regulatory expenses to the average percentage of revenues
				requested to those authorized in the utility's two most recent rate
				cases.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 85 - REGULATORY PROCEEDING EXPENSES › Section 407-85-3 - Ratemaking Treatment

Current through 2024-29, July 17, 2024
A. Policy
No public utility shall recover from its ratepayers any
				  regulatory proceeding expense unless such expense has been found by the
				  Commission to have been reasonable. The Commission will set regulatory
				  proceeding expenses on a normalized test year basis.
B. Criteria for Determining Reasonableness
In determining whether a regulatory proceeding expense is
				  reasonable, the Commission shall use the following criteria: 1) the novelty and
				  difficulty of the issues presented; 2) the customary fee for similar services,
				  including the fees rendered in the relevant market to companies of similar size
				  in matters of similar importance to the client; 3) the amount of money at issue
				  and the results obtained; 4) the extent to which the attorney's or expert's
				  services contributed to the presentation of the case, the conduct of the
				  proceedings, resolution of matters prior to Commission decision, and the
				  Commission's deliberation and decision of the proceeding; 5) whether the
				  utility used a negotiations or bidding process, or otherwise considered
				  information concerning the availability, experience, quality and cost of
				  outside attorney and expert services when hiring outside attorneys and experts;
				  and 6) the experience and ability of the attorney or expert. Other factors may
				  be considered if relevant to a particular proceeding.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 89 - CONFIDENTIALITY OF CUSTOMER RECORDS › Section 407-89-1 - Inspection

Current through 2024-29, July 17, 2024
Upon the request of the Commission, a utility must provide
				  all written information within the utility's possession about the credit
				  history of any customer.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 89 - CONFIDENTIALITY OF CUSTOMER RECORDS › Section 407-89-2

Current through 2024-29, July 17, 2024
Information furnished to the Commission pursuant to Section
				  1 of this Chapter, or pursuant to
				  Chapter 81 of the Commission's Rules, is confidential under 35 M.R.S.A. §5
				  and is therefore not an accessible public record pursuant to
				   1 M.R.S.A.
				  §402(3)(A). The
				  Commission, at its discretion, may disclose the records or the information in
				  the records to the customer, the customer's representative, and other public
				  agencies which agree to keep such information confidential. Disclosure to any
				  other person which is made in good faith and without malice shall not
				  constitute a violation of 35 M.R.S.A. §5 and shall not subject the
				  Commission or its employees to any penalties included in §5.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 110 - RULES OF PRACTICE AND PROCEDURE › Section 407-110-1 - APPLICABILITY

Current through 2024-29, July 17, 2024
A.
Applicability
These rules shall govern all practice and procedure before
				  the Commission under applicable laws of the State of Maine, unless otherwise
				  directed by the Commission. Procedures not specifically addressed by these
				  rules shall be governed by the Maine Rules of Civil Procedure and the
				  procedural requirements of
				   5 MRSA §8001,
et seq
. and Title 35-A of the Maine Revised Statutes.
B.
Liberal
				Construction
These rules shall be liberally construed to secure just,
				  speedy and economic determination of all issues presented to the
				  Commission.
C.
Deviation or Waiver from Rules
To the extent permitted by law, where good cause appears,
				  the Commission may permit deviation or waiver from this Chapter, the procedural
				  requirements or deadlines of any other rule or order and the substantive
				  requirements of any rule. It may permit deviation from procedural requirements
				  insofar as it may find compliance therewith to be impracticable, inexpedient or
				  unnecessary. To the extent possible, any request for a procedural deviation or
				  waiver should be made in writing. In the case of a request for a substantive
				  deviation from the requirements of another chapter of these rules, the request
				  shall be in writing. The Commission may grant a request for a substantive
				  deviation or waiver upon a finding of good cause or that compliance would be
				  unduly burdensome and a finding that the deviation or waiver is not
				  inconsistent with the purposes of the chapter or applicable statute from which
				  the deviation or waiver is sought. This subsection shall not apply to any other
				  rule where a conflicting waiver or modification procedure is provided.
D.
Conflict with Statute or
				Constitution
These rules shall be construed, wherever possible,
				  consistently with applicable statutory and constitutional authority. Where a
				  conflict exists, statutory or constitutional authority shall prevail over these
				  rules.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 110 - RULES OF PRACTICE AND PROCEDURE › Section 407-110-2 - Definitions

Current through 2024-29, July 17, 2024
A. "Adjudicatory Proceeding" means any
				proceeding before the Commission in which the legal rights, duties or
				privileges of a specific person or persons are required by constitutional law
				or statute to be determined after an opportunity for hearing.
B. "Administrative Director" means the
				Administrative Director of the Maine Public Utilities Commission, the Assistant
				Administrative Director or any Commission employee specifically designated by
				the Administrative Director to perform an act described in these
				rules.
C. "Advisory Staff" means
				those particular individuals on the Staff or their consultants who are
				specifically assigned to advise the Commission with respect to issues of law,
				facts or procedure arising in an adjudicatory proceeding.
D. "Commission" means the Maine Public
				Utilities Commission.
E.
				"Complainant" means a person who complains to the Commission of any act or of
				any person.
F. "General rate case"
				has the same meaning as
				 35-A M.R.S.A.
				§307.
G. "Holiday" means any day on which either of
				the following is lawfully ordered or required to be closed:
1. the Public Utilities Commission, in
				accordance with the procedure and schedules established for State agencies
				generally; or
2. the United States
				Postal Service.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 110 - RULES OF PRACTICE AND PROCEDURE › Section 407-110-3 - PUBLIC UTILITIES COMMISSION

Current through 2024-29, July 17, 2024
A.
Meetings,
				Public Proceedings and Deliberations
Except for matters which may be the subject of executive
				  session as provided in
				   1 M.R.S.A.
				  §405, all meetings, public proceedings
				  and deliberative sessions of the Commission shall be open to the public. Public
				  notice shall be provided as required by
				  1 M.R.S.A.
				  §406 and 35-A M.R.S.A. §108-A.
B.
Commission Record
				of Proceedings
1.
Decisions
Every decision of the Commission shall be in writing. A copy
				  of each decision shall be maintained by the Commission.
2.
Deliberative Sessions
The Administrative Director shall ensure that a record is
				  kept of the date, time and place of each deliberative session, the
				  Commissioners in attendance, and all votes. This may be done through the
				  maintenance of an audio, video or other electronic recording.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 110 - RULES OF PRACTICE AND PROCEDURE › Section 407-110-4 - COMMENCEMENT OF PROCEEDING, SERVICE, and FILINGS

Current through 2024-29, July 17, 2024
A.
Commencement of Proceeding
Except as otherwise provided in this Chapter or another
				  Commission rule or by statute, a proceeding is commenced upon filing, unless
				  the Administrative Director or presiding officer finds that the filing fails to
				  include all of the information required by statute or Commission rule.
B.
Service and Filing of
				Pleadings and Other Communications
1.
Service
All filings shall be served on all other parties to a
				  proceeding. The Commission may provide an electronic filing system to
				  facilitate such service. If such electronic filing system automatically
				  generates a notice of any filing to all parties to a proceeding, this shall
				  meet a party's service obligation.
2.
Method of Filing
All documents shall be filed pursuant to the Commission
				  requirements for electronic filing, unless the presiding officer or the
				  Commission allows otherwise.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 110 - RULES OF PRACTICE AND PROCEDURE › Section 407-110-5 - PETITIONS AND MOTIONS

Current through 2024-29, July 17, 2024
A.
Form
Other than petitions required by statutes or other
				  Commission rules, every request for Commission action shall be made by motion.
				  Documents which do not on their face purport to be a petition or motion but
				  which request Commission action shall be treated as a petition or motion in
				  accordance with the applicable statutes and this rule. Every petition or motion
				  shall be in writing, except that a motion may be made on the record during a
				  hearing to which the request or motion is related.
B.
Requirements; Procedure
Any person filing a motion shall proceed in accordance with
				  this section.
1. The motion shall be
				filed with the Commission.
2. Each
				motion shall include or be accompanied by a clear and detailed statement of the
				facts and law supporting the action sought including citations to all
				supporting authorities relied upon.
3. Any party opposing a motion shall file a
				statement in opposition to the motion, including citations to all supporting
				authorities, within 7 days after service of the motion, unless some other
				period is established by the presiding officer. Any party may file a reply to a
				statement in opposition to a motion within 3 days of the filing of the
				statement unless some other period is established by the presiding
				officer.
4. Oral hearings on
				motions shall be held at the discretion of the presiding officer. A request for
				oral hearing shall be included in the statements in support of or opposition to
				the motion, with a statement of the reasons that such a hearing is required or
				desired. If statements in opposition give rise to new reasons for requesting an
				oral hearing, the moving party may file a supplemental request for an oral
				hearing within 3 days of the service of the statement in opposition.
5. If the presiding officer decides to
				schedule an oral hearing, he or she will either give notice thereof to all
				parties or will direct the moving party to do so.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 110 - RULES OF PRACTICE AND PROCEDURE › Section 407-110-6 - RULEMAKING

Current through 2024-29, July 17, 2024
A.
Governing Procedure
The Commission may initiate a rulemaking proceeding on its
				  own motion or in response to a petition filed in accordance with
				   5 M.R.S.A.
				  §8055. Rulemaking proceedings shall be
				  governed by subchapter II of the Maine Administrative Procedure Act,
				   5 M.R.S.A.
				  §§8051 -
				  8074 and
				  by the additional procedures set forth in this part.
B.
Petition for Adoption or
				Modification of Rule
1. Any person may
				petition the Commission for the adoption or modification of any rule.
2. A petition filed under this section shall
				be in writing and shall include the following:
a. the complete text of the proposed rule, if
				adoption of a new rule is requested, or a clear specification of the exact text
				of all proposed amendments to an existing rule, showing additions and
				deletions;
b. a detailed statement
				of the legal, factual and policy basis of the proposed rule or
				amendments;
c. the signatures of
				all persons joining in the petition;
d. the printed names and full mailing
				addresses of each person signing the petition; and
e. the name, address and telephone number of
				either one person or an organization with an established office and address
				designated as the person with whom the Commission may communicate on all
				matters affecting the proposed rule or modification.
3. Within 60 days of filing of a petition,
				the Commission shall either notify the petitioner in writing of its denial,
				stating the reasons therefore, or initiate a rulemaking proceeding; provided,
				however, that a rulemaking proceeding shall be initiated if the petition is
				signed by 150 or more registered voters, whose signatures had been verified and
				certified in accordance with
				 21-A M.R.S.A.
				§354(7), prior to the
				filing of the petition.
4. When the
				Commission gives notice of a rulemaking proceeding that has been initiated by
				petition, such notice shall include a statement that the proposed rule or
				amendment is being proposed by a petitioner or group of petitioners and it
				shall state the name of the person or organization designated on the petition
				pursuant to paragraph (b)(5) above.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 110 - RULES OF PRACTICE AND PROCEDURE › Section 407-110-7 - ADVISORY RULINGS AND OPINIONS

Current through 2024-29, July 17, 2024
A.
Advisory
				Ruling Requests
Upon written request of any interested person, the
				  Commission may make an advisory ruling with respect to the applicability of any
				  statute or rule administered by the Commission to the person's property or to
				  acts or events in which the person has a substantial interest.
1.
Petition
a. Petitions for advisory rulings shall be in
				writing and shall include:
i. the name,
				address and telephone number of the person requesting the ruling;
ii. the statute or rule for which an
				interpretation is requested;
iii.
				all known facts which relate to the advisory ruling;
iv. all assumptions or hypotheses which
				relate to the advisory ruling;
v. a
				memorandum setting forth legal research and theories which would assist the
				Commission in reaching a decision; and
vi. a statement that to the petitioner's
				knowledge, the issue upon which an advisory ruling is sought is not the subject
				of a pending Commission proceeding.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 110 - RULES OF PRACTICE AND PROCEDURE › Section 407-110-8 - ADJUDICATORY PROCEEDINGS: GENERAL PROVISIONS

Current through 2024-29, July 17, 2024
A.
Notices
1.
Notice of
				Proceeding
Upon commencement of an adjudicatory proceeding, notice
				  shall be given as follows:
a. in
				investigations pursuant to Chapter 13 of Title 35-A of the Maine Revised
				Statutes and in other proceedings in which the legal rights, duties or
				privileges of persons are at issue, to those persons, within 15 days after
				commencement of the proceeding, unless another period is required by statute or
				rule;
b. in any proceeding found by
				the Commission to involve the determination of issues of substantial public
				interest, to the public sufficiently in advance of the anticipated time of the
				decision to afford interested persons an adequate opportunity to prepare and
				submit evidence and argument, to petition for intervention, to request
				notification of hearings and to request a hearing if so desired;
c. in any proceeding initiated by a public
				utility, with the proposed effect of increasing rates by more than 1%, or
				pursuant to Commission order in any other adjudicatory proceeding in which a
				utility is a party, by the utility, to each of its ratepayers affected by the
				proceeding and to each party to the utility's last general rate case proceeding
				or general rate design proceeding. Notice by this provision shall be given, not
				later than 15 days after, nor earlier than 90 days before the commencement of
				the general rate case or general rate design proceeding or such other time as
				the Commission may order. Additionally, the Commission may require a public
				utility to give notice to its ratepayers if, during the course of a proceeding,
				it appears that one or more parties has proposed a change in rates or rate
				design which could have a significant impact on ratepayers if accepted. Before
				preparing its notice, the public utility shall inquire of the Administrative
				Director whether a deadline for intervention has been set, in order that the
				date may be included in the notice.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 110 - RULES OF PRACTICE AND PROCEDURE › Section 407-110-9 - ADJUDICATORY PROCEEDINGS; PREHEARING PRACTICE

Current through 2024-29, July 17, 2024
A.
Prehearing Conferences
The presiding officer may, upon written notice to all
				  parties and proposed intervenors, hold a prehearing conference before or upon
				  completion of discovery, for the purposes of ruling on pending motions and
				  petitions for intervention, setting procedures and timetables for discovery,
				  scheduling hearings and other proceedings, considering motions, limiting the
				  amount of additional discovery and addressing other discovery issues,
				  formulating or simplifying the issues, obtaining admissions of fact and of
				  documents which will avoid unnecessary proof, arranging for the exchange of
				  proposed exhibits or prepared expert testimony, limiting the number of
				  witnesses and consolidating the examination of witnesses, setting forth the
				  scope of recross and redirect examination, providing for the procedure to be
				  followed at the hearing, identifying proposed witnesses, discussing the status
				  of stipulation negotiations, if any, and for any other purposes that may
				  expedite the orderly conduct and disposition of the proceeding.
1.
Prehearing Memoranda
The presiding officer may require the parties to file
				  prehearing memoranda and to serve a copy of the memoranda on all parties of
				  record.
2.
Prehearing
				Order
The presiding officer may issue an order based upon the
				  prehearing conference or the prehearing memoranda which will control the course
				  of subsequent proceedings. Modification of the order may be allowed at the
				  hearing by the presiding officer for good cause or to avoid significant
				  prejudice.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 110 - RULES OF PRACTICE AND PROCEDURE › Section 407-110-10 - ADJUDICATORY PROCEEDINGS; HEARINGS AND EVIDENCE

Current through 2024-29, July 17, 2024
A.
Hearings
1.
Right to
				Hearing
Public hearings will be held whenever required by law or
				  requested by a party entitled to a hearing, and otherwise as may determined by
				  the Commission or presiding officer.
2.
Order of Procedure
The presiding officer will open the hearing and may make a
				  concise statement of its scope and purposes. Appearances shall be entered on
				  the record. The presiding officer at the initial hearing or at the prehearing
				  conference, if any, shall inform the public of the manner in which an appeal of
				  any decision resulting from the proceeding may be taken.
3.
Examination
Unless limited by stipulation, by order under section
				  8(B) 4 or unless
				  otherwise limited by the Commission or presiding officer to prevent repetition
				  or unreasonable delay in proceedings, every party shall have the right to
				  present evidence and arguments on all issues, to call and examine witnesses at
				  hearings and to make oral cross-examination of any person present and
				  testifying.
4.
Witnesses
All witnesses shall swear that their testimony is wholly
				  truthful or shall make a solemn affirmation to that effect in lieu
				  thereof.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 110 - RULES OF PRACTICE AND PROCEDURE › Section 407-110-11 - ADJUDICATORY PROCEEDINGS; POSTHEARING PRACTICE AND PROCEDURE

Current through 2024-29, July 17, 2024
A.
Briefs and Exceptions
Parties shall file exceptions or responses to the report of
				  the presiding officer pursuant to the times established by the presiding
				  officer briefs and Exceptions or responses which contain a statement of
				  evidence or facts shall include a reference to the specific portion of the
				  record in which such evidence or facts may be found. When the transcript of the
				  hearing is available, reference to oral testimony shall be by page
				  number.
B.
Oral
				Argument
The presiding officer may allow or require oral argument in
				  lieu of or in addition to allowing briefs. Oral argument may be given at the
				  conclusion of the evidence, or at a time and place to be fixed by the presiding
				  officer.
C.
Decisions
1. Every Commission
				decision made at the conclusion of an adjudicatory proceeding shall be in
				writing or stated in the record and shall include findings of fact sufficient
				to apprise the parties and any interested member of the public of the basis for
				the decision. A copy of the decision shall be sent to each party to the
				proceeding or its attorney or representative of record. Written notice of the
				party's rights to obtain review of the decision within the Commission or to
				appeal to the Supreme Judicial Court, as the case may be, and of the action
				required and the time within which such action must be taken in order to
				exercise the right to review or appeal, shall be given to each party with the
				decision. Such notice shall not constitute an opinion by the Commission as to
				whether the party is entitled to such review or appeal. Unless otherwise
				provided, the order shall be effective on the date it is issued by the
				Administrative Director. Any period for reconsideration and, pursuant to
				decision of the Law Court, appeal shall commence as of that date.
2. In extraordinary circumstances, including
				those in which a deadline imposed by rule or statute requires the issuance of a
				decision by a specific date, the Commission may issue its decision in two or
				more parts. The first part shall plainly state the result of the decision,
				specify the orders made by the Commission and summarize the factual conclusions
				reached. The second part shall contain the full statements or findings of fact
				and shall be issued as soon as possible. In the case of proceedings with a
				deadline imposed by rule or statute, the second part shall be issued prior to
				the expiration of the deadline. The Commission may also issue supplemental
				orders approving compliance filings or other actions on the part of the
				petitioner required as a result of the Commission's decision.
3. The Administrative Director shall maintain
				a record of the vote of each member of the Commission with respect to the
				Commission's decision as reflected on each decision issued.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 110 - RULES OF PRACTICE AND PROCEDURE › Section 407-110-12 - COMPLAINTS

Current through 2024-29, July 17, 2024
A.
Formal Complaints under
				 35-A M.R.S.A.
				§1302(1)
1. A complaint filed under
				 35-A M.R.S.A.
				§1302(1) shall:
a. state the full names and post office
				addresses of the complainants and identify the lead complainant including the
				email address of the lead complainant;
b. state the full name of the utility
				complained against;
c. state fully,
				clearly and with reasonable certainty the act or thing done or omitted to be
				done, of which complaint is made, with a reference, where practicable, to the
				law, order or rule and the section or sections thereof of which a violation is
				claimed;
d. state such other
				matters or facts, if any, as may be necessary to acquaint the Commission fully
				with the details of the matter complained of; and
e. be signed by least 10 aggrieved
				persons.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 110 - RULES OF PRACTICE AND PROCEDURE › Section 407-110-13 - INQUIRIES

Current through 2024-29, July 17, 2024
A.
Initiation of Inquiry
The Commission may initiate an inquiry at any time for the
				  purposes set forth in section
				  2(H) above.
B.
Notice
The Commission in its discretion may provide notice of the
				  initiation of any inquiry to any utility which it reasonably believes may be
				  affected by the inquiry or to other persons that it believes may be interested
				  in the proceeding. .
C.
Presiding Officer
The Commission may appoint a presiding officer whose duties
				  may include those set forth in section
				  8(G) of this
				  Chapter.
D.
Hearings
If a hearing is held, examination of persons testifying
				  orally at any inquiry hearing shall be limited to questions from the
				  Commission, the presiding officer and members of the Commission Staff, unless
				  otherwise permitted by the Commission or presiding office.
E.
Subpoenas and Discovery
In order to carry out its inquiry, the Commission and its
				  Staff shall have all powers of discovery in connection with the subject matter
				  of the inquiry and may require production of books, accounts, papers, records
				  or verified copies of them by order or subpoena in accordance with the
				  provisions of
				   35-A M.R.S.A.
				  §112(4)(A).
F.
Termination of
				Inquiry
Upon the termination of the Commission's inquiry, the
				  Commission may:
1. initiate an
				adjudicatory investigation;
2.
				initiate a rulemaking pursuant to section
				6 of this Chapter;
3. make findings of fact or issue a
				preliminary statement of policy which is not intended to be enforceable but
				which is intended as a basis for implementing a proceeding pursuant to
				subsections
				1. or
				2. above or as advice to assist
				persons in determining, exercising or complying with their legal rights, duties
				or privileges; or
4. terminate the
				inquiry with no action taken.