HP0816
LD 1098
Second Regular Session - 123rd Legislature - Text: MS-Word, RTF or PDF LR 1473
Item 1
Bill Tracking Chamber Status

An Act To Promote Electricity Transmission Independence

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 35-A MRSA §3204-A  is enacted to read:

§ 3204-A.  Divestiture of transmission

1.  Authority.   The commission may, after an adjudicatory hearing conducted pursuant to section 1305, order a transmission and distribution utility to divest or otherwise transfer control or operation of some or all of its transmission or transmission-related assets if the commission finds that the utility constructed a transmission line without approval pursuant to subsection 3 or the divestiture:
A.  Will lower the costs of electricity to consumers in the State;
B.  Will not have a negative impact on the operation of the transmission system; and
C.  Is in the public interest.
2.  Independent transmission company.   If the commission orders a transmission and distribution utility to divest or otherwise transfer control or operation of some or all of its transmission or transmission-related assets pursuant to subsection 1, the commission may order the transmission or transmission-related assets to be sold or transferred to an independent transmission company approved by the Federal Energy Regulatory Commission or a successor agency.
3.  Construction of transmission line without approval   The commission may investigate pursuant to section 1303 if a transmission and distribution utility began construction of a transmission line under federal authority after the commission declined to issue a certificate of public convenience and necessity for the transmission line pursuant to section 3132.
4.  Approval.   The terms of a divestiture or transfer of transmission or transmission-related assets ordered to be divested or transferred pursuant to subsection 1 must receive approval by order of the commission before the terms may be carried out.
5.  Compensation.   The commission shall ensure that a transmission and distribution utility receives fair compensation for the transfer or divestiture of that utility’s transmission or transmission-related assets pursuant to this section.
6.  Timing.   A transmission and distribution utility must complete the divestiture or transfer of transmission or transmission-related assets within 12 months of an order to divest or transfer pursuant to subsection 1 unless the commission grants an extension. The commission may grant an extension of time to comply with an order issued pursuant to subsection 1 if the commission finds that the transmission and distribution utility requesting the transfer has acted in good faith to complete the divestiture or transfer in a timely manner.

SUMMARY

This bill allows the Public Utilities Commission to order the transfer or divestiture of a transmission and distribution utility’s transmission or transmission-related assets if the commission finds it will lower costs of electricity to consumers in the State, will not have a negative impact on the operation of the transmission system and is in the public interest or if the commission finds that the utility constructed a transmission line without approval.


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