reglab/statecodes huggingface dataset:
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 691 - SALE OF WATER RESOURCE LAND › Section 407-691-6 - Waiver

Current through 2024-29, July 17, 2024
Where good cause exists, the Commission, its Administrative
				  Director, or its Assistant Administrative Director may waive any requirement of
				  this rule, provided such waiver does not unduly undermine the purposes of this
				  Rule and is permitted by statute.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 691 - SALE OF WATER RESOURCE LAND › Section 407-691-7 - Violations of this rule

Current through 2024-29, July 17, 2024
Any claims arising out of a violation of this rule or of the
				  law will follow the proceeds of the sale and will not encumber the land
				  itself.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 710 - AUDITING REQUIREMENTS FOR ALL PUBLIC UTILITIES › Section 407-710-1 - Auditing Required

Current through 2024-29, July 17, 2024
Each public utility, except as noted below, shall have an
				  annual audit made of its accounts. The audit shall be conducted by a qualified
				  independent certified public accountant in accordance with generally accepted
				  auditing standards. The audit may be conducted for a 12-month period other than
				  a calendar year, provided that the same 12-month period is audited
				  annually.
A. Pursuant to
				 35-A M.R.S.A.
				§505(1) qualified small
				water utilities (those that are consumer owned with gross annual revenues that
				do not exceed $250,000) shall not be required to have an annual audit of its
				accounts except as follows:
1. A qualified
				small water utility with gross annual revenues of $50,000 or less shall for any
				year used as a test year for ratemaking purposes cause to be conducted, in
				accordance with generally accepted auditing standards, an audit of its accounts
				by an independent certified public accountant licensed to practice in the
				State;
2. A qualified small water
				utility with gross annual revenues greater than $50,000:
a. Shall cause to be conducted, in accordance
				with generally accepted auditing standards, an annual review of its accounts by
				an independent certified public accountant licensed to practice in the State;
				and
b. Not less than once every 5
				years and for any year used as a test year for ratemaking purposes, shall cause
				to be conducted, in accordance with generally accepted auditing standards, an
				audit of its accounts by an independent certified public accountant licensed to
				practice in the State.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 710 - AUDITING REQUIREMENTS FOR ALL PUBLIC UTILITIES › Section 407-710-2 - Qualifications

Current through 2024-29, July 17, 2024
A qualified independent certified public accountant means any
				  person or firm who holds a valid license to practice public accountancy granted
				  by the Maine Board of Accountancy pursuant to
				   32 M.R.S.A.
				  §12227
et seq
.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 710 - AUDITING REQUIREMENTS FOR ALL PUBLIC UTILITIES › Section 407-710-3 - Filing of Audit Required

Current through 2024-29, July 17, 2024
A copy of the auditor's report, accompanied by the audited
				  financial statements, shall be filed with the Commission not later than the
				  first day of the fourth month following the 12-month period for which the audit
				  was conducted, except that audit reports based on a fiscal year ending December
				  31 must be filed by the following July 1. Therefore, unless otherwise ordered
				  audit reports must be filed consistent with the following schedule:
Annual Audit Period Audit Report Due
January 1 - December 31 July 1
July 1 - June 30 October 1
October 1 - September 30 January 1
The utility shall file with the audited financial statements
				  a cover sheet describing any discrepancies between the audited financial
				  statements and the annual report or reports of the utility covering the same
				  12-month period as the audit.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 710 - AUDITING REQUIREMENTS FOR ALL PUBLIC UTILITIES › Section 407-710-5 - Waiver

Current through 2024-29, July 17, 2024
For good cause shown, the Commission may waive any of the
				  requirements of this Rule, except those required by statute, provided such
				  waiver will not unduly undermine the purposes of the auditing requirement. The
				  Commission may also subsequently rescind, alter or amend any such waiver for
				  good cause. The Commission delegates to the Directors of Telephone and Water or
				  Electric and Gas Industries the authority to issue, rescind, alter or amend a
				  waiver with respect to any of the requirements of this Rule. This delegation in
				  no way limits the Commission's authority to review the decision of the
				  Directors or to issue, rescind, alter or amend a waiver directly.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 710 - AUDITING REQUIREMENTS FOR ALL PUBLIC UTILITIES › Section 407-710-6 - Continuing Validity of Prior Orders

Current through 2024-29, July 17, 2024
The enactment of this Rule or any amendment thereto shall not
				  affect the continuing validity of prior orders or waivers issued by the
				  Commission, unless subsequently rescinded, altered or amended pursuant to this
				  Rule.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 720 - COMPLIANCE WITH THE GAAP REQUIREMENTS OF SFAS NO. 106 › Section 407-720-1 - Purpose and Scope

Current through 2024-29, July 17, 2024
This rule adopts for regulatory accounting and reporting
				  purposes the standards established by the Financial Accounting Standards Board
				  in its Statement of Financial Accounting Standard No. 106, Employers'
				  Accounting for Postretirement Benefits Other Than Pensions (SFAS 106). All
				  public utilities that are required under Generally Accepted Accounting
				  Principles (GAAP) to adopt SFAS 106 for financial reporting purposes must at
				  the same time also do so for regulatory accounting and reporting
				  purposes.
The rule requires the utilization of an external funding
				  mechanism (unless the Commission grants a waiver provision from this
				  requirement). The rule establishes guidelines for the inclusion of OPEB costs
				  in a utility's revenue requirement.
Finally, this rule provides specific instructions applicable
				  to all public utilities for the use of SFAS 106 standards in accounting for the
				  cost of the utility's OPEB obligations. For telephone utilities this rule
				  supersedes the requirement contained in Chapter 210 (8) (F) (4) that OPEB
				  expenses be determined on a cash basis.
The Commission's authority to establish the regulatory
				  accounting treatment of OPEBs derives from
				   35-A M.R.S.A.
				  §501.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 720 - COMPLIANCE WITH THE GAAP REQUIREMENTS OF SFAS NO. 106 › Section 407-720-4 - External Funding Required

Current through 2024-29, July 17, 2024
A. General. In
				order to meet future OPEB payment obligations, each utility must establish and
				make contributions to an independent external trust fund.
B. External Fund Requirements. The following
				requirements shall apply when a utility chooses to use an external funding
				vehicle for its OPEB obligations:
i The
				utility is required to maximize its use of tax-advantaged funding structures to
				the fullest extent permitted by law, unless a waiver is granted by the
				Commission.
ii Unless prohibited by
				IRS tax codes, when current tax deductions are not available for some portion
				of currently funded amounts, deferred income tax accounting must be followed
				for the tax effects of such transactions.
iii The trustee of the external fund must be
				independent of the utility and shall be authorized to make only those
				investments which are consistent with sound investment policies for funds of
				this nature.
iv Funding must occur
				at least annually, but may occur at more frequent intervals if the utility
				determines that to be more cost-effective over the life of the plan.
v No contributions shall be required to be
				made to the trust fund when the value of the assets in the fund exceed the net
				present value of the OPEB obligation.
vi Should a utility realize a gain or loss on
				the settlement or curtailment of an OPEB obligation, it must seek and receive
				express Commission approval before any accounting entry is made with respect to
				the gain or loss, or before any disposition is made of the funds in the
				trust.
vii To the extent permitted
				by law and by the terms of the external trust, refunds to customers, pursuant
				to a Commission approved plan, may be required in the event that the funds are
				not needed to pay future OPEB obligations to retirees.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 720 - COMPLIANCE WITH THE GAAP REQUIREMENTS OF SFAS NO. 106 › Section 407-720-5 - Mitigation Measures

Current through 2024-29, July 17, 2024
A utility may seek a waiver from the Commission that permits
				  the utility to use a method of its own design which combines the effects of
				  SFAS 106 accounting and funding with the effects of accounting for and/or
				  funding of its pension plan, provided such mechanism is the least-cost option,
				  is beneficial to its ratepayers, is legal under applicable pension and benefit
				  laws, and is permissible under GAAP and the accounting rules of this
				  Commission.
The utility may seek a waiver of any Commission accounting
				  rule to the extent necessary to implement such a mechanism. Any utility
				  requesting authorization to use a combined pension/OPEB mechanism must submit
				  its request in writing.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 720 - COMPLIANCE WITH THE GAAP REQUIREMENTS OF SFAS NO. 106 › Section 407-720-6 - Reporting and Filing Requirements

Current through 2024-29, July 17, 2024
Each utility shall submit with its annual report to the
				  Commission all disclosures required under SFAS 106 paragraph 74, including any
				  amendments which occur subsequent to the adoption of this rule.
In any regulatory proceeding in which the OPEB expense and
				  rate base amounts to be included in the utility's revenue requirement are at
				  issue, the utility shall file the information that is necessary to allow
				  determination of the reasonableness of the amounts.
Each utility shall retain in its files for at least ten years
				  all actuarial reports and the assumptions used in the computations of its OPEB
				  obligation.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 720 - COMPLIANCE WITH THE GAAP REQUIREMENTS OF SFAS NO. 106 › Section 407-720-7 - Waiver

Current through 2024-29, July 17, 2024
For good cause shown, the Commission may waive any of the
				  requirements of this Rule, provided such waiver will not unduly undermine the
				  purposes of this Rule. The Commission may also subsequently rescind, alter or
				  amend any such waiver for good cause. The Commission delegates to the Director
				  of Finance the authority to issue, rescind, alter or amend a waiver with
				  respect to any of the requirements of this Rule. This delegation in no way
				  limits the Commission's authority to review the decision of the Director of
				  Finance or to issue, rescind, alter or amend a waiver directly.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 730 - COMPLIANCE WITH THE GAAP REQUIREMENTS OF SFAS 109 › Section 407-730-1 - Purpose and Scope

Current through 2024-29, July 17, 2024
This rule adopts for regulatory accounting and reporting
				  purposes the standards established by the Financial Accounting Standards Board
				  (FASB) in its Statement of Financial Accounting Standard No. 109, Accounting
				  for Income Taxes (SFAS 109). All public utilities that are required by
				  Generally Accepted Accounting Principles (GAAP) to adopt SFAS 109 for external
				  reporting purposes must also do so for regulatory accounting and reporting
				  purposes. The rule establishes the process for implementation of the standard,
				  as well as any specific reporting requirements which public utilities must
				  follow. Finally, the rule sets forth the mechanism by which the amounts
				  recorded as deferred tax assets or liabilities are to be included in a
				  utility's rate base during a rate case proceeding.
Any public utilities which are not subject to the
				  requirements of GAAP may adopt this rule with notification to the
				  Commission.
The Commission's authority to establish regulatory accounting
				  procedures derives from
				   35-A M.R.S.A.
				  §501.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 730 - COMPLIANCE WITH THE GAAP REQUIREMENTS OF SFAS 109 › Section 407-730-2 - Definitions

Current through 2024-29, July 17, 2024
A. Regulatory Asset. An asset established on
				the books of a public utility pursuant to the actions of a regulatory body
				having jurisdiction over the utility.
B. Flow-Through Income Tax Accounting. A
				methodology for calculating income tax expense for regulatory purposes whereby
				amounts of revenue or expense related to designated item(s) are included in the
				calculation of regulatory income taxes in the same time period as when the
				items are included on the company's actual tax return, even though the
				amount(s) are included on the utility's income statement for regulatory
				purposes in a different time period than that of the tax return, and for which
				no deferred taxes are recorded on the company's books.
C. Net-Tax Accounting. An accounting
				procedure whereby an asset or a liability is recorded on a company's books and
				reported on its financial statements at an amount which includes the effect of
				income taxes owed or receivable.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 730 - COMPLIANCE WITH THE GAAP REQUIREMENTS OF SFAS 109 › Section 407-730-3 - Compliance Required for Regulatory Accounting

Current through 2024-29, July 17, 2024
A.
				SFAS 109 Compliance Required. All public utilities that are required to do so
				for external financial reporting purposes shall comply with the requirements of
				SFAS 109 for regulatory accounting and reporting purposes to the Commission.
				Each utility shall begin compliance with the requirements of the standard at
				the time required by the standard.
Any public utility that is not required by GAAP to comply
				  with the standard may do so, but must notify the Commission of its intent at
				  least thirty (30) days in advance of its adoption of the standard. Prior
				  notification is not required for any public utility which chooses to
				  voluntarily adopt the requirements of the standard for fiscal years beginning
				  on January 1, 1993. For good cause a utility may seek a waiver of the
				  notification requirement.
B. Accounts to be Used. Each public utility
				shall record any debit amount required by SFAS 109 in the appropriate
				miscellaneous asset account as defined in the Uniform System of Accounts
				applicable to the utility. Each public utility shall maintain sufficient detail
				to allow specific identification of the amounts recorded as deferred tax assets
				or liabilities. Should the regulatory body (e.g., the Federal Energy Regulatory
				Commission or the Federal Communications Commission) whose Uniform System of
				Accounts has been approved for use by the respective utilities in this State
				designate or establish a specific account or subaccount to be used for
				recording the deferred tax asset, that account shall be used for state
				regulatory accounting purposes.
C.
				Flow-Through Tax Accounting. Each public utility shall use the flow-through
				method when calculating regulatory income tax expense unless:
1. The flow-through method is not allowed
				under the then applicable requirements of the Internal Revenue Code;
				or
2. A waiver of this requirement
				has been granted by the Commission.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 730 - COMPLIANCE WITH THE GAAP REQUIREMENTS OF SFAS 109 › Section 407-730-4 - Reporting and Filing Requirements

Current through 2024-29, July 17, 2024
Each public utility shall submit with its first annual report
				  to the Commission following the implementation of SFAS 109 a report showing the
				  accounting effects of the adoption of the standard. Specifically, the utility
				  shall indicate the accounting entries that were required in order to comply
				  with the provisions of the standard. Sufficient detail shall be provided to
				  identify the major categories and amounts of deferred tax assets and
				  liabilities created by the adoption of the standard.
Utilities that recorded certain assets or liabilities at
				  net-tax amounts should show any reclassification entries which were required
				  due to the fact that this method is not allowed by SFAS 109. Utilities may seek
				  waivers from the net-tax prohibition. Such requests must be in writing to the
				  Commission and must contain justification for the use of net-tax accounting
				  method.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 730 - COMPLIANCE WITH THE GAAP REQUIREMENTS OF SFAS 109 › Section 407-730-5 - Waiver

Current through 2024-29, July 17, 2024
For good cause shown, the Commission may waive any of the
				  requirements of this Rule, provided such waiver will not unduly undermine the
				  purposes of this Rule. The Commission may also subsequently rescind, alter or
				  amend any such waiver for good cause. The Commission delegates to the Director
				  of Finance the authority to issue, rescind, alter or amend a waiver with
				  respect to any of the requirements of this Rule. This delegation in no way
				  limits the Commission's authority to review the decision of the Director of
				  Finance or to issue, rescind, alter or amend a waiver directly.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 815 - CONSUMER PROTECTION STANDARDS FOR ELECTRIC AND GAS TRANSMISSION AND DISTRIBUTION UTILITIES › Section 407-815-1 - STATEMENT OF PURPOSES; APPLICABILITY; AND POLICY

Current through 2024-29, July 17, 2024
A.
Purposes
The purposes of this Rule are:
1. To assure safe and adequate provision of
				utility service;
2. To assure that
				service is not disconnected or refused unreasonably; and
3. To assure the utility's right to collect
				proper payment for utility service.
Every privilege that is granted and every duty that is
				  required by this Rule imposes an obligation on utilities, applicants and
				  customers to accept these privileges and perform these duties with good faith,
				  honesty and fairness.
This Rule defines the minimum standards for nondiscriminatory
				  practices that all transmission and distribution electric and gas utilities
				  must follow. It does not, however, limit the power of utilities to give greater
				  protection to their customers above these minimum
				  standards.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 815 - CONSUMER PROTECTION STANDARDS FOR ELECTRIC AND GAS TRANSMISSION AND DISTRIBUTION UTILITIES › Section 407-815-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
The following terms have the following meanings, unless the
				  context clearly indicates a different meaning:
A.
Account Balance
. "Account
				balance" means the total amount owed by a customer that has been properly
				billed by a utility in accordance with this Rule.
B.
Amount Overdue
. "Amount
				overdue" means the amount that a utility has properly billed to a customer that
				has not been paid in full by the due date of the bill or by a date otherwise
				agreed upon.
C.
Annualized
				Budget Payment Plan
. A payment arrangement comprised of equal monthly
				installments whereby a customer's anticipated annual utility service cost is
				combined with any arrearage amount and divided by 12 to result in the
				elimination of the arrearage amount at the end of 12-month period.
D.
Applicant
. "Applicant" means
				any person or business that applies for utility service and who has not been a
				customer of the utility within the past 30 calendar days.
E.
Basic Service
. "Basic
				service" means:
1) utility service where the
				Commission regulates the rate or charge for the service and the rate or charge
				for the service is contained in the utility's rate schedules; and
2) standard offer energy service provided by
				the utility.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 815 - CONSUMER PROTECTION STANDARDS FOR ELECTRIC AND GAS TRANSMISSION AND DISTRIBUTION UTILITIES › Section 407-815-3 - EMERGENCY MORATORIUM

Current through 2024-29, July 17, 2024
When the Commission or the Director of the CASD determines
				  that, due to an emergency, termination of utility service by one or more
				  utilities would present a clear danger to the health or safety of one or more
				  customers, the Commission or the CASD Director may declare a partial or
				  complete moratorium on the termination or disconnection of service by any or
				  all utilities. When such a moratorium is declared, the duration of the
				  moratorium will be specified.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 815 - CONSUMER PROTECTION STANDARDS FOR ELECTRIC AND GAS TRANSMISSION AND DISTRIBUTION UTILITIES › Section 407-815-4 - CUSTOMER PRIVACY

Current through 2024-29, July 17, 2024
A utility shall not disclose, sell or transfer, other than
				  for debt collection, credit reporting, or usage reporting pursuant to state and
				  federal law or to law enforcement agencies pursuant to lawful process, or as
				  otherwise authorized by law, Commission rule or Order, individual customer
				  information, including, but not limited to, a customer's name, address,
				  telephone number, electricity or gas usage, or payment history, to a third
				  party without the consent of a customer. Utilities may accept oral
				  certification from a social service agency that they have received
				  authorization from the customer to discuss that customer's account information.
				  For a consumer-owned utility where its customers are members of the utility's
				  corporation, the utility may share customer information with its corporation
				  members only to the extent necessary to allow for the election of officers and
				  for the utility to perform other functions necessary for the operation of the
				  utility. A utility may also share customer information with State, County,
				  tribal, and local emergency management agency personnel when the customer
				  information is requested at the time of that agency's response to an emergency
				  situation.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 815 - CONSUMER PROTECTION STANDARDS FOR ELECTRIC AND GAS TRANSMISSION AND DISTRIBUTION UTILITIES › Section 407-815-5 - CUSTOMER RIGHTS

Current through 2024-29, July 17, 2024
Each utility must provide all new customers with a written
				  summary of their rights and responsibilities under this Rule. The summary must
				  be mailed or delivered to all new customers within two months of the customer
				  receiving service and must be displayed prominently and available at all
				  utility offices that are open to the general public. The summary may be
				  provided electronically if a customer has requested that bills or notices be
				  provided electronically.
A.
Residential customers
. For residential customers, the summary must
				contain information concerning, but not limited to:
1. procedures for billing and for estimated
				billing;
2. methods for customers
				to verify the accuracy of their bills;
3. payment methods, locations, late fees (if
				any) and optional payment programs and appurtenant fees offered by the
				utility;
4. security deposit and
				guarantee requirements;
5.
				procedures for disconnection and reconnection of service;
6. the utility's ability to remotely
				disconnect service, if applicable;
7. the utility's dispute
				procedures;
8. the customer's right
				to bring any unresolved disputes to the CASD;
9. the CASD's toll-free consumer telephone
				number, as well as its mailing and email addresses;
10. an explanation of meter reading
				procedures which would enable a customer to read the customer's own
				meter;
11. procedures that
				customers or occupants may follow during emergency service interruptions,
				including how to notify the utility of the need for priority restoration due to
				the presence of life support systems;
12. procedures for having a third party
				receive copies of notices;
13. the
				utility's limitations on liability for service interruptions contained in the
				utility's rate schedule on file with the Commission, when a claim for abatement
				may be requested, and how a customer can submit a claim for damages or
				abatement due to service interruptions;
14. procedure for customers using
				electrically powered medical equipment to obtain special identification in the
				utility's customer information and outage management systems for disconnections
				and outage situations;
15.
				toll-free telephone number, mailing and email addresses of the utility where
				further inquiries may be made;
16.
				the existence of the utility's LIAP (if it has one) and procedures for
				enrollment;
17. the existence of
				the utility's oxygen pump and ventilator assistance programs (if it has such
				programs) and procedures for enrollment pursuant to Chapter 314; and
18. the need to protect sensitive electronic
				equipment from power surges and power spikes through the use of surge
				protectors and other protective devices.
Gas utilities are not required to provide the information
				  contained in subsections 17 and 18.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 815 - CONSUMER PROTECTION STANDARDS FOR ELECTRIC AND GAS TRANSMISSION AND DISTRIBUTION UTILITIES › Section 407-815-6 - APPLICATION FOR SERVICE

Current through 2024-29, July 17, 2024
A.
Obligation
				to provide service
A utility may not refuse to provide service to an applicant,
				  except as provided for below.
1.
Residential applicants
A utility may deny service to a residential applicant who
				  fails to meet any of the following conditions.
a.
Past overdue amount
. A
				utility may condition the granting of service on a residential applicant paying
				an amount overdue for previous basic service provided by that utility within
				the prior six years, subject to the following two conditions:
i. If the utility is aware of the debt before
				service is initiated, the utility must offer a payment arrangement to a
				residential applicant on the undisputed balance before service is initiated;
				and
ii. If the utility discovers
				the debt after it has granted service, the utility has 60 days from the date of
				the applicant's request for service to provide written notice to the customer
				of the outstanding debt and its intention to collect the outstanding debt. If a
				utility does not notify the applicant of its intent to collect the outstanding
				debt within the 60-day time period, the utility is prohibited from transferring
				the debt to the applicant's current account. The utility must allow the
				customer at least 30 days after receipt of the written notice to pay the debt
				or enter into a payment arrangement. If the customer fails to respond during
				this time period, the unpaid amount may be transferred to the customer's
				current account and disconnection procedures may be initiated for failure to
				pay or make a payment arrangement. A utility may demand payment of an unpaid
				account balance after the 60-day period has passed if the utility was unable to
				discover the evidence to justify the demand within the time periods established
				by this Section because of fraud or material misrepresentation by the
				applicant.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 815 - CONSUMER PROTECTION STANDARDS FOR ELECTRIC AND GAS TRANSMISSION AND DISTRIBUTION UTILITIES › Section 407-815-7 - DEPOSITS FOR APPLICANTS AND CUSTOMERS

Current through 2024-29, July 17, 2024
A.
Residential applicants
A utility may demand a deposit from a residential applicant
				  only if one or more of the following circumstances apply:
1. An account balance for residential utility
				service incurred in Maine is unpaid at the time that the applicant requests
				service. The amount must be either:
a. for
				service provided within the past six years from the utility from whom the
				applicant requests service; or
b.
				for residential utility service provided by any utility within the past 12
				months.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 815 - CONSUMER PROTECTION STANDARDS FOR ELECTRIC AND GAS TRANSMISSION AND DISTRIBUTION UTILITIES › Section 407-815-8 - BILLING AND PAYMENT STANDARDS

Current through 2024-29, July 17, 2024
A.
Bill
				frequency
A utility shall bill on a regular recurring basis and must
				  offer at least one monthly billing option.
B.
Due date of bills
The due date of a bill must be at least 25 days after the
				  bill is mailed or otherwise delivered to the customer. A bill is considered
				  "mailed" on the date the bill is postmarked. If there is no postmark, the
				  utility shall date the bill and mail the bill on or before the date on the
				  bill.
C.
Bill
				content
Each bill issued by a utility shall clearly state the
				  following minimum information:
1. The
				beginning and ending dates of the period for which service was
				provided.
2. The beginning and
				ending meter readings for the billing period and the difference between the two
				meter readings, unless the customer's usage was estimated for that billing
				period pursuant to section 8(L).
3.
				The due date by which payment must be made and that after this date the account
				will be considered overdue and late fees imposed, if authorized.
4. The amount due for service provided during
				the current billing period.
5. An
				itemization of State and Federal taxes.
6. An itemization of all other current unpaid
				charges, including, if applicable, installation fees, reconnection fees,
				deposit payments, and late payment fees which have accrued to the customer's
				account. A utility may not separately list line items on the bill that do not
				represent a separate, discreet utility service or a State or Federal
				tax.
7. The total amount of all
				payments or other credits made to the customer's account during the current
				billing period.
8. The amount
				overdue, if applicable.
9. The
				account balance.
10. A clear and
				conspicuous marking of all estimates.
11. The address and toll-free telephone
				number of the utility where the customer may write or call to ask questions or
				dispute the bill with the utility.
12. A designation of the applicable class of
				service as stated in the utility's approved rate schedule.
13. The toll-free telephone number of the
				Commission's Consumer Assistance and Safety Division (CASD) and a statement of
				the services available from the CASD. Such language shall be approved by the
				Director of CASD for each utility
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 815 - CONSUMER PROTECTION STANDARDS FOR ELECTRIC AND GAS TRANSMISSION AND DISTRIBUTION UTILITIES › Section 407-815-9 - PAYMENT ARRANGEMENTS

Current through 2024-29, July 17, 2024
A.
Payment
				arrangement required
A utility shall continue to serve a customer who does not pay
				  an account balance in full if the customer agrees to enter a payment
				  arrangement for the account balance and agrees to pay each future bill for
				  service on or before the due date of the bill until the payment arrangement is
				  completed. A payment arrangement may involve a single or multiple
				  payments.
B.
Written
				confirmation of payment arrangement
A utility shall mail or deliver to the customer a written
				  confirmation of a payment arrangement that requires two or more payments within
				  three business days after a payment arrangement is established. The written
				  confirmation shall:
1. inform the
				customer of the terms of the payment arrangement;
2. include the CASD's address and toll free
				telephone number; and
3. inform the
				customer of the utility's right to issue a 3-day disconnection notice for
				failure to comply with a payment arrangement.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 815 - CONSUMER PROTECTION STANDARDS FOR ELECTRIC AND GAS TRANSMISSION AND DISTRIBUTION UTILITIES › Section 407-815-10 - DISCONNECTIONS

Current through 2024-29, July 17, 2024
A.
When disconnection procedures can
				begin
A utility may begin disconnection procedures without the
				  consent of the customer or occupant only if one or more of the following
				  conditions exist:
1. The customer does
				not pay or make a payment arrangement on an undisputed overdue amount that is
				more than $50.00. A utility can disconnect service for an overdue amount of
				less than $50.00 only if the overdue amount is more than 90 days old or the
				utility bills four times a year or less.
2. The customer does not make payment
				according to the terms of a payment arrangement.
3. The customer does not pay or make a
				payment arrangement for a deposit or provide a third-party guarantor according
				to the provisions of Section 7;
4.
				Service is being used, but no occupant or other person has applied for customer
				status.
5. The customer
				unreasonably refuses to allow access to the premises to install or read a meter
				or for the necessary inspection or repair of utility property.
6. There is unauthorized use (as that term is
				defined in Section 2(Z) ) of the utility service delivered to the affected
				premises.
7. The utility has reason
				to believe there is fraud or that the customer has materially misrepresented
				his or her identity to obtain utility service without complying with the
				provisions of this Rule.
8. The
				occupant's service poses a threat to the safety of any person or the integrity
				of the utility delivery system.
9.
				The utility receives a directive from the State Electric Inspector, State
				Pipeline Safety Inspector, or local code enforcement officer to disconnect
				service for safety reasons.
10. The
				customer does not comply with a decision of the CASD or the Commission
				according to Section
				13.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 815 - CONSUMER PROTECTION STANDARDS FOR ELECTRIC AND GAS TRANSMISSION AND DISTRIBUTION UTILITIES › Section 407-815-12 - RECONNECTION OF SERVICE

Current through 2024-29, July 17, 2024
A.
Duty to
				reconnect
If service has been disconnected, the utility must reconnect
				  service pursuant to this Section when the cause of disconnection has been
				  remedied.
B.
Payment
				arrangement, deposit
1.
Residential customers
a.
Customers not on a payment arrangement at the time of
				disconnection
A utility must offer the customer a reasonable payment
				  arrangement on the account balance if the disconnection was for nonpayment and
				  the customer was not on a payment arrangement at the time of the disconnection.
				  If the utility demands a deposit as a prerequisite for reconnection, the
				  utility must offer the following options to the customer:
i. pay the deposit and enter into a payment
				arrangement for the amount overdue;
ii. pay the amount overdue and enter into a
				payment arrangement for the deposit; or
iii. pay the deposit and amount overdue in
				full.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 815 - CONSUMER PROTECTION STANDARDS FOR ELECTRIC AND GAS TRANSMISSION AND DISTRIBUTION UTILITIES › Section 407-815-13 - DISPUTE RESOLUTION Procedures

Current through 2024-29, July 17, 2024
A.
Toll-free
				line
Utilities whose customers must make a toll call to reach them
				  must provide a toll free line for customers to call to resolve billing and
				  service disputes.
B.
Employees available
A utility shall have an adequate number of properly trained
				  employees available during business hours to respond to questions from
				  applicants and customers, resolve disputes, and address requests for service.
				  Customers calling the utility must be provided the opportunity to talk to a
				  live customer representative without spending an unreasonable amount of time on
				  hold and without being forced to navigate through an unreasonable number of
				  menu levels in an automated phone answer system. If a customer call is not
				  automatically forwarded to a live person once a menu option is selected, the
				  option to speak to a live representative must be provided as a menu choice. A
				  utility with fewer than five full-time employees or fewer than 300 customers is
				  not required to have an informed employee available at all times during
				  business hours. If such a utility achieves contact with a customer before
				  disconnection, the utility must not disconnect the customer until it has
				  offered the customer the opportunity to resolve a dispute or to avoid
				  disconnection by contact with the employee who is authorized to resolve
				  disputes and enter into payment arrangements.
C.
Disconnection of service
				prohibited
A utility may not threaten disconnection or disconnect the
				  service of a customer if the customer has informed the utility that the
				  customer disputes liability for the bill, a utility's deposit request, or the
				  terms of a payment arrangement required by a utility to avoid disconnection,
				  until the dispute is resolved pursuant to subsection D below. When a customer
				  disputes only a portion of the bill, the utility may require payment of that
				  portion not in dispute to prevent disconnection.
D.
Dispute resolution process
When a utility becomes aware of a dispute by an applicant or
				  customer, whether or not disconnection is pending, the utility shall:
1.
Investigate dispute
Investigate the dispute, preserving a record of the substance
				  and results of the investigation;
2.
Report results
Report the results of its investigation to the applicant or
				  customer based on the record; and
3.
Attempt to resolve dispute
Attempt in good faith to resolve the
				  dispute.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 815 - CONSUMER PROTECTION STANDARDS FOR ELECTRIC AND GAS TRANSMISSION AND DISTRIBUTION UTILITIES › Section 407-815-15 - ANNUAL REPORTS TO THE COMMISSION

Current through 2024-29, July 17, 2024
Every utility must file the following information with the
				  CASD by February 15 of each year, with the information listed separately for
				  residential and non-residential customers (unless otherwise specified):
1. the average number of accounts receiving
				service (to obtain the annual average, sum the month-end totals and divide by
				12);
2. the average customer bill
				per billing period and per year (divide the total residential revenues
				receivable by the number of bills issued);
3. the average number of accounts with
				overdue amounts per billing period (an overdue amount is the amount billed to
				the customer that was not paid by the due date of the bill or by a date
				otherwise agreed upon);
4. the
				average dollar amount of overdue amounts per billing period;
5. the number of disconnection notices issued
				per month;
6. the number of
				disconnections for any reason other than at the request of the customer or the
				abandonment of the premises per month;
7. the number of residential reconnections
				following disconnection without consent per month (do not include requests for
				service by new customers);
8. the
				number of residential reconnections following disconnection without consent per
				month where the service was placed in another person's name;
9. the number of residential accounts that
				were disconnected without consent that year that were not reconnected prior to
				the start of the winter period. This number should not include accounts that
				were placed in another person's name;
10. the number of payment arrangements
				negotiated by type;
11. the number
				of deposits requested and received and their average dollar amount;
12. the number of applications for service
				that were denied;
13. the number of
				residential applications for service in which the utility demanded a deposit or
				payment arrangement according to Section 6(A)(1)(a) (ii) (after the request for
				service, but within 60 days);
14.
				the gross revenue received;
15. the
				actual write off amounts and method used to ascertain those figures (and any
				other figures which reflect uncollectible amounts);
16. the amount recovered from previously
				written off amounts and method used to ascertain those figures;
17. the number of cases and dollar amount of
				unpaid debt pursued through the court system or other means, the costs of
				collection by each method, with an identification of those accounts in which
				the utility could have but did not transfer the prior debt to a current account
				according to Section 6(A)(1)(a) and 6(C); and
18. the total number of customer disputes
				handled.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 815 - CONSUMER PROTECTION STANDARDS FOR ELECTRIC AND GAS TRANSMISSION AND DISTRIBUTION UTILITIES › Section 407-815-16 - WAIVERS

Current through 2024-29, July 17, 2024
The Commission may grant waivers to the provisions of this
				  Rule.
A.
Utility waiver
Upon the written request of any utility subject to this Rule
				  or upon its own motion, the Commission may, for good cause, waive any
				  requirement of this Rule that is not required by statute. The waiver may not be
				  inconsistent with the purposes of this Rule or Title 35-A. The Commission, the
				  Director of the CASD, or the Hearing Examiner assigned to a proceeding related
				  to this Rule, may grant the waiver.
B.
Individual customer waiver
1.
Request requirements
A utility may request that the CASD grant a waiver from any
				  provision of this Rule in any case involving an individual applicant or
				  customer whose conduct and known financial condition pose a clear danger of
				  substantial losses to the utility. A request for waiver under this subsection
				  must be made to the CASD. The request may be written or oral, but an oral
				  request must be followed promptly by a written confirmation. The written
				  request or confirmation shall include a detailed statement of the facts alleged
				  by the utility in support of the request. The utility shall immediately notify,
				  in writing, the individual applicant or customer whose service would be
				  affected by the proposed waiver, describing the nature and effect of the
				  requested waiver and the facts alleged in support of the request.
2.
CASD review
The CASD may reject any request for waiver that does not
				  present facts that satisfy the standard of Section 16(B)(1) above.
3.
Decision
The CASD shall issue a written decision granting, denying, or
				  granting in part the requested waiver. When the CASD determines that a waiver
				  is required to avoid a clear danger of substantial losses to the utility, it
				  shall notify the customer and the utility of the decision. The notification may
				  be made orally, but a written confirmation of the decision must be promptly
				  issued. The decision or written confirmation shall:
a. describe the nature and effect of the
				waiver;
b. explain why the waiver
				was granted or denied; and c. inform the customer and the utility of the right
				to appeal the CASD's decision to the Commission, as provided in Section
				15(B)(4)
				below.
4.
Appeal of
				Waiver Decision to Commission
By following the procedures in Section
				  13(I) of this Rule,
				  a party may appeal a decision by the CASD granting or denying, in whole or in
				  part, a request for an exemption. If the CASD grants an exemption, the utility
				  may not act on the exemption until the appeal period expires.