Title 35-A, Title 35-A

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…

If a public utility violates this Title, causes or permits a violation of this Title or omits to do anything that this Title requires it to do it may be liable in damages to the person injured as a result. Recovery under this section does not affect a recovery by the State of the…

Every public utility or person that fails to comply with an order, decision, rule, direction, demand or requirement of the commission or of a commissioner is in contempt of the commission and shall be punished by the commission for contempt in the same manner as contempt is punis…

It is a Class C crime for any person to make or cause to be made, in any document filed with the commission or in any proceeding under this Title, any statement that, at the time and in light of the circumstances under which it is made, is false in any material respect and that t…

1. Penalty. Unless otherwise specified in law, the commission may, in an adjudicatory proceeding, impose an administrative penalty as specified in this section. A. For willful violations of this Title, a commission rule or a commission order by a public utility, voice service pro…

An action that may result in the imposition of an administrative penalty under this chapter must be commenced within 5 years after the cause of action accrues.

The disposition of administrative penalties collected by the commission is governed by section 117, subsection 3.

The commission may, in an adjudicatory proceeding, suspend or revoke the authority of a public utility to provide service upon a finding that the public utility is unfit to provide safe, adequate and reliable service at rates that are just and reasonable. The commission shall pro…

The commission may order any person to cease and desist from providing service if it finds that the person has not obtained commission authorization to provide the service as required by this Title. The commission may impose the sanctions and penalties of this chapter upon any pe…

The commission shall initiate an adjudicatory proceeding, on its own motion or at the request of the Public Advocate, in accordance with this section to determine whether divestiture of an investor-owned transmission and distribution utility is warranted if the utility consistent…

1. Appointment of the Public Advocate. 1-A. Appointment of the Public Advocate; term; removal. This subsection governs the appointment, term of service and removal of the Public Advocate. A. The Governor shall appoint the Public Advocate, subject to review by the joint standing c…

The duties and responsibilities of the Public Advocate are to represent the using and consuming public in matters within the jurisdiction of the commission, including, but not limited, to the following: [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Review and recommendations. The Public…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Low-income consumers" means residential consumers for whom paying public utility bills is difficult or impossible without some form of assistance …

The Public Advocate has the same rights of appeal from commission orders or decisions to which the Public Advocate has been a party as other parties to commission proceedings.

Notwithstanding the provisions of Title 5, section 191, the Public Advocate, or a staff attorney, may act as the counsel for the office of the Public Advocate. The Public Advocate may request the assistance of the Attorney General or employ private counsel for this purpose.

This section in no way limits the rights of the Attorney General to intervene before the commission or to appeal from commission orders or decisions.

The Public Advocate may employ expert witnesses and pay appropriate compensation and expenses to employ the witnesses.

The Public Advocate, within established budgetary limits and as allowed by law, shall authorize and approve travel, subsistence and related necessary expenses of the Public Advocate or members of the staff of the Public Advocate, incurred while traveling on official business.

1. Reports and filings. Utilities shall provide to the Public Advocate copies of all reports and other information required to be filed with or that may be submitted to the commission, except to the extent that this requirement is waived, in writing, by the Public Advocate. 2. Co…

In addition to the limitations of Title 5, section 18, the Public Advocate or any employee of the Public Advocate may not have any official or professional connection or relation with, or hold any stock or securities in, any public utility or competitive electricity provider oper…

Unless otherwise provided by law, the duties of the Public Advocate are restricted to those relating to matters within the jurisdiction of the commission.

In addition to the duties and responsibilities in section 1702, the Public Advocate may publish in printed copy or electronic format, or both, information for consumers in the State relating to regulated services provided by public utilities, unregulated services provided by publ…

1. Appointment; composition. The Electric Ratepayer Advisory Council, referred to in this section as "the council" and established by Title 5, section 12004‑I, subsection 93, consists of 18 members as follows: A. Thirteen voting members appointed by the Public Advocate including:…

1. Definition. As used in this section, "employment" means any full-time or part-time work performed for compensation and includes, but is not limited to, consulting and membership on a board. 2. Certain employment prohibited. An individual serving as the Public Advocate on or ap…

This chapter may be known and cited as "the Maine Energy Cost Reduction Act."

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2013, c. 369, Pt. B, §1 (NEW).] 1. Basis differential. "Basis differential" means the difference between the so-called Henry Hub spot price for natural gas and th…

The commission in consultation with the Public Advocate and the Governor's Energy Office may execute an energy cost reduction contract or a physical energy storage contract, or both, in accordance with this section. In no event may the commission execute energy cost reduction con…

Contracts under this chapter may be funded in accordance with this section. [PL 2015, c. 445, §6 (AMD).] 1. Assessments on ratepayers. The commission may direct one or more transmission and distribution utilities, gas utilities or natural gas pipeline utilities to collect an asse…

The following provisions govern the resale and evaluation and administration of an energy cost reduction contract or a physical energy storage contract. [PL 2015, c. 445, §6 (AMD).] 1. Resale of natural gas pipeline capacity. The commission may negotiate and enter into contracts …

Revenues received from the resale of natural gas pipeline capacity acquired through an energy cost reduction contract or physical energy storage capacity acquired through a physical energy storage contract must be used in accordance with this section. [PL 2015, c. 445, §6 (AMD).]…

Notwithstanding any provision of law to the contrary, agreements and contracts entered into pursuant to this chapter are not subject to the competitive bid requirements of the Chief Procurement Officer.