S.P. 691 - L.D. 1926
An Act to Provide Additional Time for the Public Utilities Commission to Adopt Certain Rules
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current law requires the Public Utilities Commission to submit certain major substantive rules for legislative review by January 1, 1998; and
Whereas, additional time is needed to prepare those rules; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §2102, sub-§3, as enacted by PL 1997, c. 118, §1, is amended to read:
3. Exemption for certain telephone utilities. The commission by rule may exempt a specified telephone utility or group of telephone utilities from obtaining the approval required by subsection 1 if the commission finds that the exemption will not result in unjust or unreasonable rates or inadequate service for any telephone utility customers. The commission may limit the exemption to specified geographic areas. For good cause, as provided in the rule establishing the exemption, the commission may revoke an exemption in whole or in part, including an exemption granted to a single telephone utility. A telephone utility that is exempt from the approval requirement of subsection 1:
A. Before commencing service, shall notify the commission of its intent to commence the exempted service and provide any other information the commission may require;
B. Shall obtain the approval of the commission under subsection 1 to provide any service other than the services specified in the exemption granted by the commission under this subsection; and
C. Remains subject to any other applicable provisions of this Title and commission rules.
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II-A and must be submitted to the Joint Standing Committee on Utilities and Energy by January 1, 1998 1999.
Sec. 2. Retroactivity. This Act applies retroactively to January 1, 1998.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective February 25, 1998.
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