H.P. 548 - L.D. 769
Resolve, Regarding Legislative Review of Chapter 304: Standard of Conduct for Transmission and Distribution Utilities and Affiliated Competitive Electricity Providers, a Major Substantive Rule of the Public Utilities Commission
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II-A, requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above named major substantive rule has been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; 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
Sec. 1. Adoption with amendment. Resolved: That final adoption of Chapter 304: Standard of Conduct for Transmission and Distribution Utilities and Affiliated Competitive Electricity Providers, a provisionally adopted major substantive rule of the Public Utilities Commission and submitted to the Legislature for review pursuant to the Maine Administrative Procedure Act, is authorized only if the rule is amended as follows:
1. Section 2, paragraph F is deleted;
2. Section 3, paragraph I is deleted; and
3. A provision is added that clarifies that nothing in the rule prevents a distribution utility from entering into a special contract offering a special rate to a customer or group of customers pursuant to a rate flexibility program approved by the Public Utilities Commission under the Maine Revised Statutes, Title 35-A, section 3195, subsection 6.
The Public Utilities Commission is not required to hold hearings or conduct other formal proceedings prior to finally adopting the rule in accordance with this resolve.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective May 18, 1999.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
