Title 35-A, Title 35-A

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Affiliated interest" means: (1) With respect to a public utility other than a provider of provider of last resort service: (a) Any person who owns…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Reorganization" means any creation, organization, extension, consolidation, merger, transfer of ownership or control, liquidation, dissolution or …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Insider" means any officer or employee who participates or has authority to participate in major policy-making functions of a public utility or of…

If an accident occurs upon the premises of a public utility or directly or indirectly arises from or is connected with its maintenance or operation, the following provisions apply. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Accidents resulting in loss of life. If the accident results…

1. Joint use permitted. The commission may order that joint use be permitted and prescribe reasonable compensation and reasonable terms and conditions for the joint use when, after a hearing had upon its own motion or upon complaint of a joint use entity affected, it finds the fo…

Any contract in excess of $2,000 between a public utility and a contractor for the construction of facilities located on private property for the exclusive use of a private individual and for which the private individual is required to pay the total cost directly to the utility, …

A utility may not charge its ratepayers for costs attributable to unregulated business ventures undertaken by the utility or an affiliated interest. The commission shall allocate, between a utility's shareholders and ratepayers, costs for facilities, services or intangibles, incl…

Within 30 days of the commencement of operations by a utility of any business activity not regulated by the commission, the utility shall notify the commission of the existence of those operations.

The commission shall adopt rules that prescribe the allocation of costs for facilities, services or intangibles that are shared between regulated and unregulated activities of a utility or an affiliated interest as defined in section 707, subsection 1, paragraph A. Rules adopted …

A public utility shall keep a record of every customer complaint and retain that record for a period of 10 years from the date of final resolution of the complaint and shall make all records of customer complaints readily available to the commission for examination. The commissio…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Disaster" has the same meaning as in Title 37‑B, section 703, subsection 2. [PL 2021, c. 154, §1 (NEW).] B. "Facilities" has the same meaning as i…

1. Definition. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Disconnection prohibition period" means any time between November 15th and April 15th, or during any other period when, pursuant to rules adopted u…

1. Termination. A public utility may not terminate or disconnect a public safety facility's utility service for nonpayment of rates, fees or charges for utility service unless the public utility has: A. Provided written notice to the municipal or plantation government using the p…

This Act may be known and cited as the "Overhead High-voltage Line Safety Act."

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 348, §1 (NEW).] 1. Covered equipment or items. "Covered equipment or items" means any mechanical equipment, hoisting equipment, antenna or boat mast or r…

It is the duty and responsibility of employers of persons and individuals who use any covered equipment or items, for the benefit of themselves or others, to acquaint themselves and their employees or agents using the equipment or items or engaged in the work operations or other …

The following activities are prohibited until the requirements of sections 756 and 757 are met. [PL 1995, c. 348, §1 (NEW).] 1. Perform work. A person may not individually or through an agent or as an agent or employee perform any work or activity on any land, building, highway o…

If the overhead high-voltage line is covered with a mechanical barrier, in accordance with section 758, the required clearance under section 754, subsections 1 and 2 may be reduced to the designed working dimensions of the mechanical barrier. If the line is de-energized and groun…

A person may not, individually or through an agent or employee or as an agent or employee, operate covered equipment in the proximity of an overhead high-voltage line unless there are posted and maintained warning signs as follows: [PL 1995, c. 348, §1 (NEW).] 1. In covered equip…

1. Notification. When a person is going to carry on any work or activity in closer proximity to an overhead high-voltage line than permitted by this chapter, the person responsible for the work or activity must notify the owner or operator of the overhead high-voltage line prior …

1. Precautionary safety arrangements. Installation or performance of precautionary safety arrangements must be performed by the owner or operator of overhead high-voltage lines only after mutually satisfactory arrangements are negotiated between the owner or the operator of the o…

The provisions of this chapter are considered safety and health standards of the State. A person who causes, permits or allows work or other activity in violation of the provisions of this chapter may be assessed a civil penalty not exceeding $1,700 for each day the violation con…

A person is liable to the owner or operator of the overhead high-voltage line and 3rd parties, if any, for all or part of the damages to facilities and injuries to persons and all or part of the costs, expenses and liabilities incurred by the owner or operator of the overhead hig…

1. Overhead electrical; communication circuits; conductors. This chapter does not apply to any person while engaged in the construction, reconstruction, operation and maintenance of overhead electrical or communication circuits or conductors and their supporting structures and as…

Subject to the requirements of this chapter any public utility, organized and existing or incorporated under the laws of this State and doing business in the State, may issue stocks, bonds which may be secured by mortgages on its property, franchises or otherwise, notes or other …

1. Order authorizing issuance. No public utility may make an issuance as described in section 901, except as provided in section 906, unless it has made a written application, setting forth information the commission may require and has secured from the commission an order author…

Every order authorizing the issue of stock shall, if it authorizes sale at less than par value, specify a minimum price at which the shares are to be sold. Any shares of stock, issued in accordance with such an order, shall be fully paid stock and not liable to any further call o…

The commission may at the request of any public utility approve the issue of any stocks, bonds, notes or other evidences of indebtedness authorized, but not issued.

Any stocks, bonds, notes or other evidences of indebtedness issued or sold pursuant to or in reliance on and in accordance with any order, authorization or decision of the commission pursuant to this chapter, and at least 5 business days after the date of the order, authorization…

1. Property and service outside the State. Except as provided in subsection 2 for transmission and distribution utilities, notwithstanding any other provision of this chapter, a public utility is not required to apply to the commission for authority to issue stocks, bonds, notes …

Without in any way restricting the general language of this chapter, this chapter shall be construed to authorize any municipal or quasi-municipal corporation referred to in this Title to issue, upon vote of its trustees or similar governing board, bonds, notes or other evidences…

1. Commission's order recorded on utility's books. No public utility may issue any stocks, bonds, notes or other evidences of indebtedness, unless payable within one year from date of issuance, for money, property or services, in payment for them, either directly or indirectly, u…

Any public utility corporation at the time of its organization may issue for organization purposes, without the consent of the commission, not more than 6 shares of stock at par for cash or, if non-par stock, for the consideration of $100 per share, these shares when issued to be…

1. Change of capital. No public utility may without the consent of the commission: A. Decrease its capital; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. Declare any stock, bond or scrip dividend; or [PL 1987, c. 141, Pt. A, §6 (NEW).] C. Divide the proceeds of the sale of its own or an…

No capital lease, entered into by a public utility for a term of more than 3 years, of property having a fair value the greater of $50,000 or 1% of the public utility's total long-term debt is valid without the written approval of the commission. The commission's procedure and st…

The provisions of this chapter do not apply to any telephone utility other than a provider of provider of last resort service. [PL 2011, c. 623, Pt. A, §15 (NEW).] The commission may adopt by rule standards and procedures for granting exemptions to providers of provider of last r…

1. Utilities to secure authorization from the commission. A public utility must secure an order of authorization from the commission before it may: A. Sell, lease, assign, mortgage or otherwise dispose of or encumber the whole or part of its property that is necessary or useful i…

Nothing in section 1101 prevents the sale, lease or other disposition by a public utility of property, which is not necessary or useful in the performance of its duties to the public. As to any purchaser of the property in good faith for value, the sale of property by a public ut…

The following provisions apply to the acquisition of utility stock by another utility: [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Commission authorization. No public utility may purchase, acquire, take or hold any part of the capital stock of any other public utility organized or exi…

1. Commission approval. No public utility may abandon all or part of its plant, property or system necessary or useful in the performance of its duties to the public, or discontinue the service which it is providing to the public by the use of such facilities, without first secur…

Substantial compliance by the commission with the requirements of this Title gives effect to all the commission's rules, orders and acts. The commission's rules, orders and acts may not be declared inoperative, illegal or void for an omission of a technical and immaterial nature.

1. Filing a complaint. When a written complaint is made against a public utility by 10 persons aggrieved that the rates, tolls, charges, schedules or joint rate or rates of a public utility are in any respect unreasonable or unjustly discriminatory; that a regulation, measurement…

1. Summary investigations. The commission may on its own motion, with or without notice, summarily investigate when it believes that: A. A rate or charge is unjust or unreasonable; [PL 1987, c. 141, Pt. A, §6 (NEW).] B. A service is inadequate or cannot be obtained; or [PL 1987, …

Public hearings conducted by the commission under this Title are subject to the following provisions. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Notice to utility and parties. The commission shall notify the public utility, other parties and interested persons it considers proper of …

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…