reglab/statecodes huggingface dataset:
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 334 - FILING REQUIREMENTS FOR PETITIONS OF PUBLIC CONVENIENCE AND NECESSITY FOR SIGNIFICANT AGREEMENTS RELATING TO GENERATING, ENERGY OR TRANSMISSION CAPACITY › Section 407-334-2 - NOTICE OF INTENT AND DETERMINATION OF COMPLIANCE WITH THE RULE

Current through 2024-29, July 17, 2024
A. Notice of intent. At least two months in
				advance of the filing of any petition required by section
				1 of this rule, the Petitioner shall
				notify the Commission in writing of its intent to file such a petition. The
				Notice of Intent shall contain a brief description of the authority sought by
				the Petitioner. Together with its Notice of Intent, the Petitioner may request
				that the Commission exercise its power under section
				4 of this rule to waive all or part of
				the requirements of this rule. Any Petitioner seeking to secure a waiver of an
				informational filing requirement on the ground that the required information is
				already on file with the Commission shall give a reasonably definite reference
				to the filed information including, where appropriate, the docket number,
				exhibit number and page reference of the information.
B. Review of sufficiency of filing. Within 15
				days of receipt of any petition submitted pursuant to this rule the
				Administrative Director will inform the Petitioner in writing of the specific
				deficiencies of the petition or that the petition complies with this rule. No
				petition shall be considered filed unless the requirements of this rule have
				been fulfilled. The filing date shall be the date the Administrative Director
				determines that a petition complies with the requirements of this
				rule.
C. Further review of
				sufficiency. Notwithstanding a finding by the Administrative Director that a
				petition is sufficient, any party to the proceedings commenced by the filing of
				the petition may contend that the information submitted pursuant to section
				6 of this chapter is insufficient or
				defective. A party making such contentions may make such motions as would be
				proper had the information specified in sections
				6 and
				7 been timely requested by that party
				under the rules governing discovery and been due to be served upon that party
				on the date of the petition filing. Any such motion must be made within 7 days
				after the party is allowed to participate in the proceeding or within 60 days
				after the initial receipt of the petition by the Commission, whichever is
				earlier.
D. Waiver of notice. The
				Commission may waive the advance notice requirement upon a written request and
				good cause within 60 days. An electric utility with an approved long-range
				energy plan pursuant to
				 35-A M.R.S.A.
				§3134, which includes the agreement or
				contact, need not file an advance notice of its intent to file a petition under
				this chapter.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 334 - FILING REQUIREMENTS FOR PETITIONS OF PUBLIC CONVENIENCE AND NECESSITY FOR SIGNIFICANT AGREEMENTS RELATING TO GENERATING, ENERGY OR TRANSMISSION CAPACITY › Section 407-334-3 - EXEMPTIONS

Current through 2024-29, July 17, 2024
The following are exempt from section 3133-A and the
				  requirements of this chapter:
A.
				Purchases from qualifying facilities. Purchases made by an electric utility
				from any cogenerator or small power producer, as defined in
				 35-A M.R.S.A.
				§3303;
B. Wholesale purchase extensions. Extensions
				of existing wholesale power purchase arrangements by consumer-owned electric
				utilities, as defined in
				 35-A M.R.S.A.
				§3501, that are subject to Federal
				Energy Regulatory Commission review with respect to rates;
C. Amendments of contracts not originally
				approved. Any amendment, extension or renewal of any contract otherwise subject
				to this chapter for which the original contract was not subject to approval by
				the Commission. The utility shall, however, file a copy of such amendments,
				extensions or renewals to the Commission within 7 days of the day when the
				utility receives notice of the proposal; and
D. Agreements subject to approval elsewhere.
				Any contract or agreement for which Commission approval is required under
				sections 3132 or 3133.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 334 - FILING REQUIREMENTS FOR PETITIONS OF PUBLIC CONVENIENCE AND NECESSITY FOR SIGNIFICANT AGREEMENTS RELATING TO GENERATING, ENERGY OR TRANSMISSION CAPACITY › Section 407-334-4 - WAIVERS

Current through 2024-29, July 17, 2024
A. General waiver provision. Upon written
				request and for good cause shown the Commission may waive any of the
				requirements of this rule, which are not mandated by statute.
B. Waiver of approval for amendments to
				previously approved agreements.
1. A utility
				may request a waiver from the application of
				
				35-A M.R.S.A. §3133-A for amendments to
				agreements which were previously approved by the Commission under section
				3133-A. The request for waiver may pertain to a particular amendment or to a
				certain category or type of amendments. The cover letter accompanying any
				request for a waiver must specifically state in the first sentence of the text
				of the letter, that the request is being filed pursuant to this section and
				that if the Commission does not act within 30 days (or 7 days if applicable)
				the waiver will be considered granted. Requests for waivers must describe the
				amendment and state the basis for the request. If the utility desires
				expeditious processing of the request, it shall state the date by which a
				response is requested and the reasons for the request for expedition. The
				Commission may grant the waiver if it finds that good cause has been shown that
				application of section 3133-A is unnecessary, burdensome or impractical, and
				that the underlying purposes of section 3133-A are not significantly
				impaired.
2. If the Commission does
				not respond to a request for a waiver within 30 days, the request shall be
				considered granted. In the case of a request for expedited processing of the
				request for waiver, the request shall be considered granted if the Commission
				has not responded by the date requested or within 7 days after filing of the
				request, whichever is greater. In the event of a denial of a waiver, the
				utility must file a petition as required in section
				1. If the Commission grants a waiver
				for a category or type of amendment, as distinguished from a particular
				amendment, the utility shall notify the Commission of any amendments which fall
				within the category in the same manner prescribed in section
				3(C) of this rule for
				amendments to contracts not previously approved by the Commission under section
				3133(9).
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 334 - FILING REQUIREMENTS FOR PETITIONS OF PUBLIC CONVENIENCE AND NECESSITY FOR SIGNIFICANT AGREEMENTS RELATING TO GENERATING, ENERGY OR TRANSMISSION CAPACITY › Section 407-334-5 - FILING FEE

Current through 2024-29, July 17, 2024
A. Fee required. An
				electric utility shall pay a filing fee to the Commission when it files a
				petition under this rule. The filing fee shall be an amount equal to 2/100 of
				1% (0.02%) of the estimated cost of the purchase or conversion. Any portion of
				the filing fee not expended by the Commission in relation to the review of the
				petition shall be returned to the petitioner.
B. Waiver. The utility may request a waiver
				of all or a portion of the filing fee at the time it files a notice of intent
				to file the petition. The Commission shall rule on the request for waiver
				within 30 days.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 334 - FILING REQUIREMENTS FOR PETITIONS OF PUBLIC CONVENIENCE AND NECESSITY FOR SIGNIFICANT AGREEMENTS RELATING TO GENERATING, ENERGY OR TRANSMISSION CAPACITY › Section 407-334-6 - INFORMATION REQUIREMENTS TO SHOW NEED TO ENTER INTO AGREEMENT

Current through 2024-29, July 17, 2024
A utility shall submit the following data to the Commission
				  with any petition filed under this chapter.
A. Load forecast. The projected kilowatt and
				kilowatt-hour demands by month, day and hour of use for each year during the
				succeeding thirty (30) years. the projection shall include:
1. The utility's load forecast assumptions by
				class and the bases therefor;
2. if
				the projection involves the use of a computer program, a description of the
				computer logic;
3. if the
				projection is based in part on reports generated by external sources, the title
				and date of the reports; and
4. if
				the projection is in the form of an internally or externally prepared report
				adopted by the utility, a copy of the report.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 334 - FILING REQUIREMENTS FOR PETITIONS OF PUBLIC CONVENIENCE AND NECESSITY FOR SIGNIFICANT AGREEMENTS RELATING TO GENERATING, ENERGY OR TRANSMISSION CAPACITY › Section 407-334-7 - SENSITIVITY ANALYSES

Current through 2024-29, July 17, 2024
Within sixty (60) days from the initial filing, sensitivity
				  analyses of the original filing using reasonable alternative assumptions may be
				  proposed by parties and intervenors to any docket instituted to examine the
				  utility's filing. The utility shall undertake to perform these analyses
				  following a reasonable opportunity to object or to suggest changes to the
				  parties' proposals. This time limit may be extended on a showing of undue
				  hardship.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 334 - FILING REQUIREMENTS FOR PETITIONS OF PUBLIC CONVENIENCE AND NECESSITY FOR SIGNIFICANT AGREEMENTS RELATING TO GENERATING, ENERGY OR TRANSMISSION CAPACITY › Section 407-334-8 - WAIVER OF INFORMATION REQUIREMENTS

Current through 2024-29, July 17, 2024
A. Request for
				waiver. Any utility without the capability of performing the calculations
				required in section
				6(B)(C) and (D) may
				file a request for a waiver. Requests for waivers shall include a statement of
				the utility's current and future capabilities regarding the calculational
				requirements and the estimated cost of acquiring the necessary
				capability.
B. Grant of waiver. The
				Commission may in its discretion grant a waiver in which case such waiver shall
				set forth revised data reporting requirements which shall be sufficient to
				allow the Commission to properly consider any petition filed under this
				chapter.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 334 - FILING REQUIREMENTS FOR PETITIONS OF PUBLIC CONVENIENCE AND NECESSITY FOR SIGNIFICANT AGREEMENTS RELATING TO GENERATING, ENERGY OR TRANSMISSION CAPACITY › Section 407-334-9 - DEADLINE FOR COMMISSION ORDER

Current through 2024-29, July 17, 2024
A. Deadline. The
				Commission shall issue its order within 12 months after the petition is filed.
				If there exists an approved long-range plan pursuant to
				 35-A M.R.S.A.
				§3134, the Commission shall issue its
				order within 9 months of filing.
B.
				Extension. Upon written request and for good cause shown, the Commission may
				extend the deadline for a reasonable period of time.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 334 - FILING REQUIREMENTS FOR PETITIONS OF PUBLIC CONVENIENCE AND NECESSITY FOR SIGNIFICANT AGREEMENTS RELATING TO GENERATING, ENERGY OR TRANSMISSION CAPACITY › Section 407-334-10 - DELEGATION

Current through 2024-29, July 17, 2024
The Commission's authority to grant waivers and exceptions
				  under this chapter is hereby delegated to the Administrative Director and to
				  the Hearing Examiner in any proceeding, both of whom shall consult with the
				  Directors of Technical Analysis and Finance before acting on any request. This
				  delegation does not limit the Commission's ability to consider requests
				  directly or to review the actions of the Administrative Director or Hearing
				  Examiner thereunder.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 360 - COGENERATION AND SMALL POWER PRODUCTION › Section 407-360-1 - GENERAL PROVISIONS

Current through 2024-29, July 17, 2024
A. Definitions.
				Terms defined in the Public Utility Regulatory Policies Act of 1978 (PURPA),
				Public Law 95-617, shall have the same meaning for purposes of this chapter as
				they have under PURPA, unless further defined in this chapter. In addition the
				following definitions apply for purposes of this chapter.
1. "Affiliate" means a person who:
a. Directly controls, is controlled by or is
				under common control with, a qualifying facility or industrial enterprise;
				or
b. Substantially owns, directly
				or indirectly, or operates, a qualifying facility or industrial
				enterprise.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 360 - COGENERATION AND SMALL POWER PRODUCTION › Section 407-360-2 - QUALIFYING COGENERATION AND SMALL POWER PRODUCTION FACILITIES

Current through 2024-29, July 17, 2024
A. General Requirements for Qualification
1. Small power production facilities. A small
				power production facility is a qualifying facility if it:
a. meets the size criteria specified in
				§
											2(B)(1);
b. meets the fuel use criteria specified in
				§
											2(B)(2);
				and
c. meets the ownership criteria
				specified in §
											2(D).
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 360 - COGENERATION AND SMALL POWER PRODUCTION › Section 407-360-3 - ADMINISTRATIVE DETERMINATION OF AVOIDED COSTS

Current through 2024-29, July 17, 2024
A.
				Applicability. Except as otherwise provided, this section applies to each
				investor-owned electric or transmission and distribution utility in the State.
				This section shall remain effective until the date of retail access.
B. Energy and Capacity. Each electric or
				transmission and distribution utility shall submit the following pursuant to a
				schedule set by Commission order.
1. Avoided
				energy costs
a. The estimated avoided energy
				costs on the electric utility's system, for various levels of purchases from
				qualifying facilities. Except as provided in this subsection such levels of
				purchases shall be stated in blocks of not more than 50 megawatts for utilities
				with a peak demand of 500 megawatts or more, and in blocks equivalent to not
				more than 10% of the peak demand for utilities of less than 500 megawatts. At
				least two such blocks shall be provided. In the event that the utility can
				reasonably be expected to purchase an amount of energy at the rates established
				by the Commission pursuant to Section
				4(C) which exceeds
				the amount of energy reflected in the first of the two blocks described above
				then the first block shall be stated in an amount equal to the reasonably
				anticipated purchases. The avoided costs shall be stated on a cents per
				kilowatt-hour basis (showing the same number of significant digits as were
				employed by the electric utility in its last Fuel Cost Adjustment tariff),
				during daily peak and off-peak periods, by month, for the most recent 12
				months, and in each of the next 18 months or until the date of retail access if
				that date occurs within the 18 month period.
b. The utility's avoided energy costs shall
				include, as applicable, reasonable estimates of avoided fuel costs, avoided
				start-up costs, avoided variable operating and maintenance costs, and energy
				purchase costs.
c. In each estimate
				required by subparagraph (a) above, the avoided costs shall be calculated by
				determining the difference between the total electric energy costs estimated to
				serve a utility's load and the total electric energy costs estimated for that
				load reduced in every hour consistent with the block and time periods discussed
				above divided by the kilowatt hours reflected in such load
				reductions.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 360 - COGENERATION AND SMALL POWER PRODUCTION › Section 407-360-4 - ARRANGEMENTS BETWEEN ELECTRIC UTILITIES AND QUALIFYING FACILITIES

Current through 2024-29, July 17, 2024
A. Scope
1.
				Applicability. This section applies to the regulation of sales and purchases
				between qualifying facilities and electric or transmission and distribution
				utilities, except as provided in section
				8 below.
2. Negotiated rates or terms. Nothing in this
				rule limits the authority of any electric or transmission and distribution
				utility or any qualifying facility to agree to a rate for any purchase, or
				terms or conditions relating to any purchase, which differ from the rate or
				terms or conditions which would otherwise be established by this chapter; or
				affects the validity of any contract entered into between a qualifying facility
				and an electric or transmission and distribution utility for any
				purchase.
3. Generation or
				distribution for own use. Notwithstanding any provision of this chapter any
				small power producer or cogenerator may generate or distribute electricity
				through its private property or its associates' private property solely for its
				use, the use of its tenants, or the use of its associates without approval or
				regulation by the Commission.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 360 - COGENERATION AND SMALL POWER PRODUCTION › Section 407-360-5 - NET ENERGY BILLING

Current through 2024-29, July 17, 2024
A. Net Billing
				Prior to Retail Access
1. Customer
				Qualification. Any qualifying facility that has an installed capacity of 100 KW
				or less may at its option sell electricity to an electric utility on a net
				energy billing basis.
2. Rates. Net
				energy sales during any billing period shall be at rates established pursuant
				to section
				4(C)(2).
3. Second Meter. Nothing in this subsection
				shall prohibit a utility from installing additional meters to record purchases
				and sales separately, provided, however, that no qualifying facility which
				elects to sell electricity on a net energy billing basis shall be charged for
				the cost of the additional meters or other necessary equipment.
4. New Contracts. Any qualifying facility
				that has an installed capacity of 100 kW or less may obtain a customer net
				energy billing contract pursuant to this subsection. Any such new contract must
				terminate on or before February 28, 2000. Except for the contract duration and
				rates, contracts entered pursuant to this subsection shall contain the terms
				identical to those in the utility's existing customer net energy billing
				standard contract. The terms of the standard contract may be modified subject
				to Commission approval.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 360 - COGENERATION AND SMALL POWER PRODUCTION › Section 407-360-6 - SYSTEM EMERGENCIES

Current through 2024-29, July 17, 2024
A. Discontinuance
				of Purchases and Sales During System Emergencies. During any system emergency,
				an electric or transmission and distribution utility may discontinue:
1. purchases from a qualifying facility if
				such purchases would contribute to such emergency; and
2. sales to a qualifying facility, provided
				that such discontinuance is on a nondiscriminatory basis.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 360 - COGENERATION AND SMALL POWER PRODUCTION › Section 407-360-7 - COMMISSION PROCEDURES

Current through 2024-29, July 17, 2024
A. Petition For
				Establishing Rates, Terms, and Conditions
1.
				Filing. If after good faith negotiations a qualifying facility and an electric
				or transmission and distribution utility are unable to reach an agreement, the
				qualifying facility or utility may petition the Commission to establish any
				rate, term, condition or other provision of a contract that is rendered
				impractical or impossible to perform or implement as a result of the
				restructuring of the electric industry.
2. Contents. The petition shall include the
				names and addresses of the qualifying facility and the utility, a description
				of the rate, term, condition or other contractual provision for which the
				petitioner seeks Commission intercession, an explanation of why the rate, term,
				condition or other contractual provision has been rendered impractical or
				impossible to perform or implement as a result of the restructuring of the
				electric industry, a copy of the contract, and any Commission orders relevant
				to the intent and purposes of the disputed provisions.
3. Service. The petitioner shall serve a copy
				of the petition by regular mail or fax to the affected utility or qualifying
				facility.
4. Response. The affected
				utility or qualifying facility shall file a response to the petition within 7
				days of receiving service.
5.
				Timing. The Commission shall issue an order resolving the issues raised by the
				petition within 90 days of filing.
6. Resolution. The Commission shall make a
				finding as to whether the disputed rate, term, condition, or other contractual
				provision has been rendered impractical or impossible to perform or implement
				as a result of the restructuring of the electric industry. If the Commission
				makes such a finding, it shall establish a rate, term, condition, or other
				contractual provision that preserves the intent and purposes embodied in the
				disputed contractual provision(s).
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 360 - COGENERATION AND SMALL POWER PRODUCTION › Section 407-360-8 - SMALL ELECTRIC UTILITIES

Current through 2024-29, July 17, 2024
A. Applicability.
				This section applies to each small electric utility. Except as specified, other
				sections of this rule shall not apply to small electric utilities. This section
				shall remain in effect until the date of retail access.
1. Wheeling utility. If a small electric
				utility agrees to wheel the power of a qualifying facility to another utility
				under terms mutually agreeable or as set by the Commission, the small electric
				utility shall be exempt from this chapter.
2. Non-Wheeling utility. If a small electric
				utility and a qualifying facility do not wish to wheel the qualifying
				facility's power, the small electric utility shall be subject to the conditions
				set forth in subsection B through D.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 395 - CONSTRUCTION STANDARDS, OWNERSHIP. COST ALLOCATION, AND CUSTOMER CHARGES RULES FOR ELECTRIC DISTRIBUTION LINE EXTENSIONS AND SERVICE DROPS › Section 407-395-2 - Purposes and Applicability

Current through 2024-29, July 17, 2024
A.
Purposes
. The purposes of this Chapter are to ensure construction
				of safe and reliable electric distribution line extensions, to allow
				competition in the construction of line extensions to occur in an equitable and
				economically efficient manner, to govern ownership of line extensions, to
				allocate construction costs among users of a line extension, to establish a
				methodology for setting electric distribution line extension charges for
				transmission and distribution utilities, and to establish the responsibility
				for the installation, cost, ownership and maintenance of service
				drops.
B.
Applicability
. The provisions of this Chapter apply to T&D
				utilities, to private line extension contractors, and to customers that own
				and/or connect to line extensions or service drops.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 395 - CONSTRUCTION STANDARDS, OWNERSHIP. COST ALLOCATION, AND CUSTOMER CHARGES RULES FOR ELECTRIC DISTRIBUTION LINE EXTENSIONS AND SERVICE DROPS › Section 407-395-3 - Standards for Construction of Line Extensions

Current through 2024-29, July 17, 2024
A.
Standards
. All line extensions, whether constructed by a utility
				or a private line extension contractor, shall be constructed in compliance with
				the following standards:
1.
NESC
.
National Electrical Safety Code
(NESC),
				except as modified pursuant to
				35-A
				M.R.S.A.
				§2305-A(4);
2.
RUS7
. Rural Utility Service
				(RUS), if the T&D utility is subject to oversight by the Rural
				Electrification Administration; and
3.
Utility Standards
. The line
				construction standards of the utility to whose transmission and distribution
				system the line extension is to be connected.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 395 - CONSTRUCTION STANDARDS, OWNERSHIP. COST ALLOCATION, AND CUSTOMER CHARGES RULES FOR ELECTRIC DISTRIBUTION LINE EXTENSIONS AND SERVICE DROPS › Section 407-395-4 - Determination of Line Extension as Safe, Reliable and in Compliance With Standards

Current through 2024-29, July 17, 2024
A.
Determination Required
. Before a line extension in a public or a
				private way is energized, the private line extension contractor or an owner of
				a line extension must obtain one of the determinations required by this
				section.
B.
Determination by
				T&D Utility
. Upon the request of a private line extension contractor
				or an owner of a line extension, a T&D utility employee designated by the
				T&D utility shall inspect the line extension within 5 business days of the
				request and determine whether the line extension is safe; or
C.
Determination by Others
.
				Either (1) a registered professional engineer or (2) a person licensed to
				certify electric distribution line extension construction by the Maine Office
				of Licensing and Registration or by another State agency designated by law
				shall determine and state in writing that the line extension is safe, reliable,
				and constructed in compliance with the standards required by this
				Chapter.
D.
Dispute
.
				In a period of widespread power outages caused by weather or other emergency
				conditions, the T&D utility may extend by a reasonable number of days the
				5-day period required by subsection 4(B).
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 395 - CONSTRUCTION STANDARDS, OWNERSHIP. COST ALLOCATION, AND CUSTOMER CHARGES RULES FOR ELECTRIC DISTRIBUTION LINE EXTENSIONS AND SERVICE DROPS › Section 407-395-5 - Dispute Resolution

Current through 2024-29, July 17, 2024
A.
Single
				Point of Contact
. Each T&D utility and private line extension
				contractor must designate a contact person to deal with other persons and the
				Commission during disputes regarding the operation of this Chapter or any
				standards implemented pursuant to this Chapter.
B.
Contesting Operational
				Procedures
. Any person that constructs line extensions may contest an
				application or interpretation of this Chapter by a T&D utility or by a
				private line extension contractor. The contact persons designated pursuant to
				subsection A shall attempt in good faith to resolve the dispute. If the parties
				are unable to resolve the dispute within 3 business days, any party to the
				dispute shall have the option to request the Commission to initiate the dispute
				resolution procedures described in subsection C. In a period of widespread
				power outages caused by weather or other emergency conditions, any party to the
				dispute may extend by a reasonable number of days the 3-day period required by
				this subsection.
C.
Commission Investigation
. Following the dispute resolution process
				described in subsection B, a person participating in the process who is
				dissatisfied with the result may request the Commission to investigate the
				dispute. The Commission may take any of the following actions to address the
				dispute:
1.
Referral
. Refer the
				dispute to the Department of Professional and Financial Regulation, the Maine
				Office of Licensing and Registration or other State agency that has licensing
				authority over the design, construction or certification of line extensions if
				the Commission believes it to be the appropriate jurisdictional
				authority;
2.
Dispute
				Resolution
. Conduct informal dispute resolution pursuant to Chapter 110
				of the Commission's Rules; or
3.
Investigation
. Conduct a summary or formal investigation pursuant
				to
				35-A M.R.S.A.
				§1303.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 395 - CONSTRUCTION STANDARDS, OWNERSHIP. COST ALLOCATION, AND CUSTOMER CHARGES RULES FOR ELECTRIC DISTRIBUTION LINE EXTENSIONS AND SERVICE DROPS › Section 407-395-6 - Ownership and Maintenence of Line Extensions

Current through 2024-29, July 17, 2024
A.
Ownership
1.
Line
				Extension in a Public Way
. Except as provided in subsection B(1), and
				except when a telephone utility owns, or jointly owns with the T&D utility,
				poles or other structures to which a T&D utility attaches its facilities, a
				T&D utility shall own all portions of a line extension located in a public
				way.
2.
Developments
.
				A T&D utility shall own a line extension that was constructed to serve a
				development if the line extension delivers power to any structures in the
				development.
3.
Multiple
				Customers
. A T&D utility shall own a line extension, wherever
				located, if more than one customer receives service from the line
				extension.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 395 - CONSTRUCTION STANDARDS, OWNERSHIP. COST ALLOCATION, AND CUSTOMER CHARGES RULES FOR ELECTRIC DISTRIBUTION LINE EXTENSIONS AND SERVICE DROPS › Section 407-395-9 - Allocation of Line Extension Costs among Customers

Current through 2024-29, July 17, 2024
A.
Applicability
. This section
				shall apply to all single phase and polyphase line extensions, except for line
				extensions located in a development.
B.
Initial Allocation Required for Two
				or More Customers
. If a line extension will serve two or more customers
				at the time it is energized, each customer shall pay the customer
				responsibility amount for that customer as determined pursuant to the
				allocation method of subsection D below.
C.
Additional Customer
1.
Reallocation
. When an
				additional customer connects to a line extension within 20 years after the
				extension first provided service to a customer, the costs of the line extension
				shall be reallocated among all customers pursuant to the method described in
				subsection D below.
2.
Payment by New Customer
. The additional customer shall pay the
				customer responsibility amount for that customer determined pursuant to the
				allocation method in subsection D below.
3.
Distribution to Old Customers of
				Payment by New Customer
. The utility shall distribute the amount paid by
				the new customer to the previous customers who have attached to the line
				extension. The amount paid to each previous customer shall equal the amount of
				that customer's responsibility under the prior allocation minus the amount of
				that customer's responsibility under the new allocation.
4.
Substitution of Customer
. If
				a customer who previously attached to the line extension is no longer a
				customer at the same location on the line extension, the T&D utility shall
				make the payment required by this subsection to the customer currently
				receiving service at that location.
5.
Loss of Customer Location
. If
				a customer service location previously connected to the line extension during
				the 20-year allocation period no longer receives electric service, and new
				customers connect to the line, all future reallocations shall be modified as
				follows:
a.
Customer Share
. The
				"customer share" calculation in subsection D(1) below shall exclude the former
				customer location; and
b.
Cost; Customer Responsibility
. The "current total cost of the line
				extension" amount, determined pursuant to subsection D(1)(b) below, shall
				exclude the customer responsibility amount of the last customer served at that
				location, as determined in the most recent reallocation of the line (pursuant
				to subsection D(1) below) that occurred while the customer location was still
				connected to the line extension.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 395 - CONSTRUCTION STANDARDS, OWNERSHIP. COST ALLOCATION, AND CUSTOMER CHARGES RULES FOR ELECTRIC DISTRIBUTION LINE EXTENSIONS AND SERVICE DROPS › Section 407-395-10 - Line Extension Charges for Transmission and Distribution Utilities

Current through 2024-29, July 17, 2024
A.
Methodology
1.
Single-Phase Line Extensions
.
				Unless the Commission decides otherwise pursuant to order, a transmission and
				distribution utility may only charge customers for a single-phase electric
				distribution line extension as follows:
a.
Line Extension Charges
. Line extension charges shall be a
				pre-established per foot charge based on the prior year's pre-established per
				foot charge adjusted annually by the Handy Whitman index and further adjusted,
				as necessary, for known cost changes not captured by the Handy Whitman index.
				The line extension charges pursuant to this provision shall exclude tree
				trimming, ledge work, and make-ready costs. There shall be separate per foot
				charge for overhead and underground electric distribution line
				extensions.
b.
Tree
				Trimming
. If tree trimming or vegetation removal is required, tree
				trimming charges shall be a pre-established charge per span based on the
				weighted average contract rates that a transmission and distribution utility
				pays its contractors that perform such work at the time that such work is
				performed.
c.
Ledge
				Work
. If ledge work is required, ledge work charges shall be a
				pre-established charge per ledge pole installation, ledge anchor installation
				and per ledge push brace installation based on the weighted average contract
				rates that a transmission and distribution utility pays its contractors that
				perform such work at the time that such work is performed.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 395 - CONSTRUCTION STANDARDS, OWNERSHIP. COST ALLOCATION, AND CUSTOMER CHARGES RULES FOR ELECTRIC DISTRIBUTION LINE EXTENSIONS AND SERVICE DROPS › Section 407-395-11 - Service Drop Cost Responsibility, Ownership and Maintenance

Current through 2024-29, July 17, 2024
A.
Above-Ground Service Drops
1.
Installation.
A T&D
				utility shall install an above-ground service drop and associated hardware and
				equipment. Poles and equipment associated with pole installation are not
				considered part of a service drop. A T&D utility shall install the pole and
				associated equipment for a flat fee if requested by the customer. Customers may
				also choose to have the pole and associated equipment installed by a
				contractor.
2.
Cost
				Responsibility.
A T&D utility may not charge a customer for an
				above-ground service drop. The costs of service drops shall not be used in
				establishing any line extension charges. A T&D utility shall charge a
				customer a flat fee for the cost of any poles and associated equipment if the
				customer chooses to have the utility provide such equipment.
3.
Ownership and Maintenance.
The T&D shall own and maintain an above-ground service drop and shall not
				charge a customer for the cost of maintaining an above-ground service drop.
				Poles and equipment associated with poles are owned by the customer and it is
				the customer's responsibility to pay for any replacement poles and associated
				equipment.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 395 - CONSTRUCTION STANDARDS, OWNERSHIP. COST ALLOCATION, AND CUSTOMER CHARGES RULES FOR ELECTRIC DISTRIBUTION LINE EXTENSIONS AND SERVICE DROPS › Section 407-395-12 - Waiver

Current through 2024-29, July 17, 2024
Upon the request of any person subject to the provisions of
				  this Chapter or upon its own motion, the Commission may, for good cause, waive
				  any of the requirements of this Chapter that are not required by statute. The
				  waiver may not be inconsistent with the purpose of this Chapter or Title 35-A.
				  The Commission, the Director of the Electric and Gas Division, or the Presiding
				  Officer assigned to a proceeding related to this Chapter may grant the
				  waiver.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 396 - EFFICIENCY MAINE TRUST PROCUREMENT FUNDING CAP › Section 407-396-1 - PURPOSE

Current through 2024-29, July 17, 2024
The purpose of this chapter is to establish the process and
				  requirements by which the Commission will determine the statutory cap of 4% of
				  the total retail electricity and transmission and distribution sales for the
				  procurement electric energy efficiency resources pursuant to Title 35-A,
				  section 10110(4-A).
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 396 - EFFICIENCY MAINE TRUST PROCUREMENT FUNDING CAP › Section 407-396-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Assessments
."Assessments"
				means the assessments made by the Commission pursuant to
				35-A M.R.S. §
										10110(4).
B.
Commission
. "Commission"
				means the Maine Public Utilities Commission.
C.
Efficiency Maine
				Trust
."Efficiency Maine Trust" means the entity established by
				Legislature pursuant to Title 35-A, section 10103(1) for the purposes of
				developing, planning, coordinating and implementing energy efficiency and
				alternative energy resources programs in the State.
D.
External Funds
."External
				Funds" means funds received by or due to the transmission and distribution
				utilities from external sources, including Maine Yankee Funds or other proceeds
				from legal actions that have been or will be transferred to the Efficiency
				Maine Trust.
E.
Long-Term
				Contract Funds
."Long-Term Contract Funds" mean amounts transferred from
				transmission and distribution utilities to the Efficiency Maine Trust pursuant
				to Commission order in Docket No. 2012-00408 or other Commission orders
				pursuant to Title 35-A, section 3210-C.
F.
Maine Yankee Funds
."Maine
				Yankee Funds" means funds pursuant to a damage award received by transmission
				and distribution utilities pursuant to litigation with the United States
				Department of Energy concerning the removal and storage of spent nuclear fuel
				related to the Maine Yankee Atomic Power Company.
G.
Procurement
				Order
."Procurement Order" means an order of the Commission directing
				transmission and distribution utilities to transfer funds to the Efficiency
				Maine Trust for purposes of electric efficiency and conservation program
				funding pursuant to Title 35-A, section 10110, subsection (4-A).
H.
Transmission and Distribution
				Utility
. "Transmission and distribution utility" means a person, its
				lessees, trustees, receivers or trustees appointed by a court, owning,
				controlling, operating or managing a transmission and distribution plant for
				compensation within the State.
I.
Triennial Plan
."Triennial Plan" means the Efficiency Maine Trust's
				energy efficiency plan required under Title 35-A, section 10104, subsection 4.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 396 - EFFICIENCY MAINE TRUST PROCUREMENT FUNDING CAP › Section 407-396-3 - UTILITY ENERGY EFFICIENCY PROCUREMENT CAP

Current through 2024-29, July 17, 2024
A.
Utility Procurement Obligation.
Each transmission and distribution
				utility shall comply with a Procurement Order to procure all electric energy
				efficiency resources found by the Commission to be cost-effective, reliable and
				achievable pursuant to Title 35-A, section 10104, subsection 4, subject to the
				Utility Procurement Cap.
B.
Utility Procurement Cap
.The Commission may not issue a procurement
				order that results in an amount in rates for electric energy efficiency
				resources that exceeds 4% of total retail electricity and transmission and
				distribution sales in Maine.
C.
Determination of Amount of Sales Revenue.
The total retail
				electricity and transmission and distribution sales in Maine shall be
				determined using the revenue from retail sales as reported for the State of
				Maine by the U.S. Energy Information Administration (EIA) in its Form
				EIA-861for the most recent available year. The Commission may use alternative
				sources of revenue from retail sales upon a finding that an alternative source
				of information has equivalent or greater reliability, is readily available, and
				reflects more recent retail sales. In determining the total retail electricity
				and transmission and distribution sales revenue, the Commission shall exclude
				all revenue included in utility rates from prior Procurement Orders,
				Assessments, Long-Term Contract Funds, or other amounts associated with funding
				for Efficiency Maine Trust electric energy efficiency programs.
D.
Determination of Amounts in
				Rates.
In determining that the amount in rates for electric energy
				efficiency resources does not exceed 4% of total retail electricity and
				transmission and distribution sales, the Commission shall:
1.
Procurement Order
				Funds
.Include all amounts that will be in utility rates during the
				applicable Procurement Order period related to prior or current Procurement
				Orders issued pursuant to budgets in approved in Triennial Plans.
2.
Long-Term Contract
				Funds.
Include all amounts that will be in utility rates during the
				applicable Procurement Order period related to Long-Term Contract
				Funds.
3.
Other Funds
.
				Include all other amounts that will be in utility rates during the applicable
				Procurement Order period for Efficiency Maine Trust administered electric
				energy efficiency programs as reflected in approved Triennial Plans.
4.
External Funds.
Exclude
				External Funds.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 396 - EFFICIENCY MAINE TRUST PROCUREMENT FUNDING CAP › Section 407-396-4 - WAIVER OR EXEMPTION

Current through 2024-29, July 17, 2024
Upon request of any person subject to the provisions of this
				  chapter or upon its own motion, the Commission may, for good cause, waive any
				  requirement of this chapter that is not required by statute. The waiver may not
				  be inconsistent with the purposes of this chapter or Title 35-A. The
				  Commission, the Director of Electric and Gas Utility Industries, or the
				  presiding officer assigned to a proceeding related to this chapter may grant
				  the waiver.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 400 - ENERGY EFFICIENCY STANDARDS FOR SUBSIDIZED MULTI-FAMILY RESIDENCES › Section 407-400-1 - SUMMARY

Current through 2024-29, July 17, 2024
Section 1415 G of the Energy Efficiency Building Performance
				  Standards Act, 10 MRSA, Chapter 214, Sections 1410-1420, prohibits the
				  installation of electric heat as a primary heating system in any multi-family
				  residence when public funds are used to subsidize all or part of the
				  construction, renovation or remodeling of that residence. The building owner
				  may petition the Commissioner of the Department of Economic and Community
				  Development (DECD) for a waiver to the prohibition. A waiver shall only be
				  granted if the proposed design meets the additional energy efficiency
				  requirements specified in the
				   10
				  MRSA,1415 G and in this rule.
This rule defines terms used in the Statute and the rule,
				  establishes procedures to be used by subsidy providers and the Energy
				  Conservation Division (ECD) to inform property owners of the requirements,
				  establishes procedures for the owner to certify compliance, establishes
				  inspection procedures for ECD to verify that actual construction meets the
				  standards, sets some minimum acceptable energy efficient construction practices
				  to be used on projects receiving a waiver, establishes standards for
				  infiltration control and ventilation to provide acceptable indoor air quality,
				  and establishes criteria for showing compliance with the insulation
				  requirements using the performance compliance alternative.
Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 400 - ENERGY EFFICIENCY STANDARDS FOR SUBSIDIZED MULTI-FAMILY RESIDENCES › Section 407-400-3 - COMPLIANCE PROCEDURE

Current through 2024-29, July 17, 2024
A. Information
				Package
An information package about the requirements of 10
				  MRSA1415-G shall be prepared by the Energy Conservation Division (ECD). The
				  packet shall contain a description of the requirements for subsidized
				  multi-family residences, instructions on how to apply for a waiver if the owner
				  wishes to install electric heat, a summary of the energy efficiency standards
				  to be fulfilled in order to attain a waiver, and a certificate for the owner to
				  complete and sign, certifying compliance with the requirements. The certificate
				  will also require information about the location of the project, the nature of
				  the construction, the time period of constructions the specified heating
				  equipment, and the name address and phone of the owner, designer, engineer, and
				  builder. This packet shall be distributed to known grantors of public funds for
				  multi-family residential construction.
The grantor shall provide the owner of the proposed
				  construction, renovation, or remodeling project with the information package
				  containing the requirements of 10 MRSA1415-G.
B. Certification Notice to DECD
Prior to providing or agreeing to provide a subsidy, the
				  grantor shall require that the owner provide either:
1 signed certification that the primary
				heating system will not be electric, or
2 an approved waiver from the Commissioner of
				the Department of Economic and Community Development.
No subsidy shall be granted without either 1 or 2.
The grantor shall forward the original signed certification
				  to the ECD at the time of pre-construction approval to provide the public
				  funds. The building owner, and the grantor shall each retain a copy of the
				  certification.