H.P. 547 - L.D. 768
Resolve, Regarding Legislative Review of Chapter 301: Standard Offer Service, 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 301: Standard Offer Service, 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 substantially in accordance with the changes to the rule indicated on the attachment to the letter from the Public Utilities Commission to the chairs of the Joint Standing Committee on Utilities and Energy dated March 16, 1999. A copy of that letter and the attachment must be filed with the Secretary of State as part of the written statement required under the Maine Revised Statutes, Title 5, section 8052, subsection 5 explaining the factual and policy basis for the rule. The changes shown in the attachment to the letter make the following changes to the provisionally adopted rule:
1. Establish standard offer classes and require providers to bid separately on each class;
2. Set the initial period of the standard offer at one year;
3. Assign responsibility for uncollectibles to standard offer providers;
4. Provide for electric utilities to arrange standard offer service in cases where the Public Utilities Commission determines there is a lack of sufficient bids; and
5. Make the rule consistent with other Public Utilities Commission rules governing interactions between providers and electric utilities.
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 |
