LD 2428
pg. 1
LD 2428 Title Page An Act to Make Certain Public Utility Commission Rules Routine Technical Rules ... Page 2 of 4
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LR 3679
Item 1

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

 
Sec. 1. 35-A MRSA §3204, sub-§3, as amended by PL 1999, c. 398, Pt. N,
§1, is further amended to read:

 
3. Extension; separation required. An investor-owned
electric utility may apply to the commission for an extension to
permit the utility to divest one or more generation assets or
generation-related business activities after March 1, 2000. The
commission shall grant an extension if the commission finds that
an extension would be likely to improve the sale value of those
assets on the market or would be likely to reduce the level of
the utility's stranded costs.

 
The commission by rule shall establish the procedure for granting
extensions. Rules adopted under this subsection are major
substantive routine technical rules pursuant to Title 5, chapter
375, subchapter II-A.

 
Sec. 2. 35-A MRSA §3204, sub-§4, as enacted by PL 1997, c. 316, §3, is
amended to read:

 
4. Sale of capacity and energy required. The commission by
rule shall require each investor-owned electric utility after
February 28, 2000 to sell rights to capacity and energy from all
generation assets and generation-related business, including
purchased power contracts that are not divested pursuant to
subsection 1, except those rights to capacity and energy that the
commission determines are necessary for the utility to perform
its obligations as a transmission and distribution utility in an
efficient manner.

 
In the rules adopted under this subsection, the commission shall
establish procedures to promote the maximum market value for
these rights. Nothing in this subsection prohibits a utility
from re-negotiating, buying out or buying down a contract with a
qualifying facility in accordance with applicable laws. By March
1, 1999, the The commission shall provisionally adopt all rules
required under this subsection. Rules adopted under this
subsection are major substantive routine technical rules pursuant
to Title 5, chapter 375, subchapter II-A.

 
Sec. 3. 35-A MRSA §3212, sub-§1, as enacted by PL 1997, c. 316, §3, is
amended to read:

 
1. Establishment of terms and conditions. The commission
shall open a rule-making proceeding no later than October 1, 1997
to establish terms and conditions for standard-offer service that
include, but are not limited to:


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