Title 35-A, Title 35-A

1. Commission's powers. Each of the commissioners, for the purposes of this Title, may: A. Hold hearings; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Conduct investigations; [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Administer oaths; [PL 1987, c. 141, Pt. A, §6 (NEW).] D. Certify to offi…

The following provisions apply to the commission's findings and decisions. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Unjust rates. If after a formal public hearing the commission finds that the rates, tolls, charges, schedules or joint rates are unjust, unreasonable, insufficient or…

Upon application of the commission or of the Attorney General, the Superior Court has full jurisdiction to enforce the commission's order and to enforce the public utilities' performance of the duties imposed on them by law, including the appointment of receivers, agents and spec…

The commission may order reparation or adjustment when it finds that an amount charged to or collected from a customer was not in accordance with the filed rate applicable to the customer or was based upon error. The customer shall attempt to settle any dispute concerning the all…

1. Complaint. The Commission may institute or any public utility may make complaint as to any matter affecting its own product, service or charges, with like effect as though made by any 10 persons, firms, corporations or associations. 2. Reparation or adjustment where utility ad…

1. Qualification for funding. Consistent with rules adopted by the commission pursuant to subsection 3, the commission may order or provide funding in accordance with subsection 2 to an intervenor in an adjudicatory proceeding or a participant in a nonadjudicatory commission proc…

1. Practice and rules of evidence. In all actions and proceedings arising under this Title, all processes must be served and the practice and rules of evidence are the same as in civil actions in the Superior Court except as otherwise provided. 2. Hearsay. A statement not specifi…

Records placed under a protective order by the commission pursuant to the Maine Rules of Civil Procedure, Rule 26 (c) in accordance with this section, are within the scope of a privilege against discovery within the meaning of Title 1, section 402, subsection 3, paragraph B and a…

1. Designation of information as confidential. If the commission, on its own motion or on petition of any person or entity, determines that public access to specific information about public utility technical operations in the State could compromise the security of public utility…

1. Witnesses. Each witness who is ordered to appear before the commission receives for that witness's attendance the fees and mileage provided for witnesses in civil cases in the Superior Court. This provision does not apply to the employees, officers, directors, trustees and hol…

The following provisions apply to depositions. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Taking depositions. Depositions shall be taken in the manner prescribed by law for taking depositions in civil actions in the Superior Court. 2. Use of depositions. The commission or any party m…

1. Party adverse to the commission. In all trials, actions and proceedings arising under this Title or growing out of the exercise of the authority granted to the commission, the burden of proof is on the party adverse to the commission or seeking to set aside any determination, …

1. Self-incrimination. In any proceeding before the commission, if a person refuses to answer questions or produce evidence on the ground that that person may be incriminated and if the commission staff, in writing, and with the written approval of the Attorney General, requests …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Employee" means a person who currently performs or formerly performed a service for wages or other remuneration under a contract of hire, expresse…

Subject to the requirements of Title 5, section 9055 regarding ex parte communications but notwithstanding any other provision of law, the commission may declare and treat as confidential communications from any person concerning the affairs of a utility that are reasonably relat…

Notwithstanding Title 4, section 807, the appearance of an authorized officer, employee or representative of a party in any hearing, action or proceeding before the commission in which the party is participating or desires to participate is not an unauthorized practice of law and…

1. Record. The commission shall keep a complete and permanent record of: A. All proceedings before it; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Investigations; [PL 2019, c. 26, §2 (AMD).] C. Formal public hearings; and [PL 2019, c. 26, §2 (AMD).] D. Complaints. [PL 2019, c. 26, §2 …

The commission shall furnish a certified copy under the commission's seal of its orders to any person who applies and pays for it as provided in the commission's rules. A certified copy of an order is evidence of the facts stated in it.

The following procedures apply to an appeal of a decision of the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Final decisions. An appeal from a final decision of the commission may be taken to the Law Court on questions of law in the same manner as an appeal taken from a ju…

The commission may at any time rescind, alter or amend any order it has made including an order fixing any rate or rates, tolls, charges or schedules of a public utility or an order relating to matters within the jurisdiction of the commission with respect to a competitive electr…

1. Orders temporarily amended. When the commission finds it necessary to prevent injury to a public utility's business or to the interest of the people, or if the commission finds there is an emergency, it may temporarily alter, amend or, with the public utility's consent, suspen…

No public utility may apply to the Legislature to grant it a right, privilege or immunity which the commission has power to grant it until the utility has exhausted its rights regarding its request before the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).] In applying to the Legi…