Whereas, the World Trade Center and Pentagon terrorist attacks of September 11, 2001 have demonstrated that terrorists have the will and the ability to attack the United States, its citizens and property; and

Whereas, several warnings have been issued to utilities regarding the potential for a terrorist attack on utility infrastructure; and

Whereas, Maine utilities have already initiated security measures to protect critical infrastructures; and

Whereas, additional security measures may be required at any time to respond to additional threats as they arise; and

Whereas, these events were not anticipated at the time that some utilities entered into long-range rate plans; and

Whereas, utilities should be encouraged to invest in appropriate security measures through assurances that prudent expenditures will be reimbursed; and

Whereas, the Public Utilities Commission and federal and state security and public safety agencies have required additional security measures to protect critical infrastructure; 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 §315 is enacted to read:

§315.__Recovery of cost of utility security

1.__Recovery of security costs.__A public utility may defer, with carrying costs, all costs for security measures incurred in response to the terrorist attacks of September 11, 2001 and the continued threats to the security of utility infrastructure.__In determining the rates of a public utility, the commission shall adjust the charges to customers to recover increases and to credit decreases in security costs.