Sec. 1. 35-A MRSA §2102, sub-§2, as amended by PL 1999, c. 398, Pt. A, §30 and affected by §§104 and 105, is further amended to read:

2. Approval not required. Except as provided in section 2104, the commission's approval is not required for a public utility to furnish service in any municipality in which that public utility is furnishing service on October 8, 1967. Approval is not required for the operation of a radio paging service or mobile telecommunications services. Approval is not required for a transmission and distribution utility to distribute electricity to any other transmission and distribution utility. Approval is not required if the transmission and distribution utility furnishing service or authorized to furnish service to another transmission and distribution utility and the transmission and distribution utility furnishing service or authorized to furnish services is not subject to regulatory limits on its rate of return.

SUMMARY

This bill clarifies that if a transmission and distribution utility furnishes service to another transmission and distribution utility and if it is not subject to regulatory limits on its rate of return, it does not require approval from the Public Utilities Commission to furnish service.