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State of Maine

65
Public Utilities Commission

2000-2001 Regulatory Agenda


AGENCY UMBRELLA-UNIT NUMBER: 65-407
AGENCY NAME: Maine Public Utilities Commission

CONTACT PERSON: Joanne Steneck, General Counsel, State House Station 18, Augusta, ME 04333. Tel: (207)287-3831

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CONSENSUS - BASED RULE DEVELOPMENT PROCESS: At this time, the Commission does not anticipate engaging in the consensus - based rule development process described in 5 MRSA 8051-B during 2000-2001.

EXPECTED 2000-2001 RULE-MAKING ACTIVITY:

CHAPTER 110: Rules of Practice and Procedure
STATUTORY AUTHORITY: 35-A MRSA 111 & 1311-A; 5 MRSA 8051
PURPOSE: To consider various changes to the Commission's rules of practice and procedure relating to customer notice; data requests and responses; party status of lead and other complainants under 35-A MRSA 1302; numbering of filed pages; applicability of 305(b) (computation of time) to exclude filings required by procedural orders; admitting responses to data requests by the Commission, to include a procedure for objections similar to that for the admission of late-filed exhibits by parties; tables of contents in pre-filed testimony; procedures for handling confidential materials; and protective orders.
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: All utilities.

CHAPTER 120: Filing Requirements for Schedules of Rates, Tolls, Charges, Rules and Regulations
STATUTORY AUTHORITY: 35-A MRSA 111, 301, 304, 307, 310, 3502 & 6104
PURPOSE: To consider various changes to the filing requirements set forth in the rule including those pertaining to service territory maps; notice provisions for rate cases filed pursuant to 6104 or 3502 regarding customer petitions for Commission review; the definition of "general rate case" (increase in revenues of more than 2%; ( 2.E) to the statutory definition (35-A MRSA 307) (increase in revenues of more than 1%); direct notice of certain rate changes; and requirements for filings of proposed changes to utility rate schedules and terms and conditions to improve the method of indicating the changes that have been proposed.
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: All utilities.

CHAPTER 1XX: Utility Service and Infrastructure Maps
STATUTORY AUTHORITY: 35-A MRSA 111, 301, 2102-2105, 2110
PURPOSE: To require utilities to maintain and file with the Commission service area maps and maps indicating key utility infrastructure.
ANTICIPATED SCHEDULE: Spring 2001
AFFECTED PARTIES: All utilities.

CHAPTER 130: Safety and Accident Reporting Requirements
STATUTORY AUTHORITY: 35-A MRSA 111, 112, 115, 710, 4702
PURPOSE: To clarify the definition of critical facilities and make other changes based on the Commission's experience operating under the rule for the past three years.
ANTICIPATED SCHEDULE: Spring 2001
AFFECTED PARTIES: All gas, natural gas pipeline, electric transmission and distribution utilities, telephone and water utilities.

CHAPTER 200: Reporting Requirements for Local Exchange Carriers
STATUTORY AUTHORITY: 35-A MRSA 111, 301 & 801 to 808
PURPOSE: To update the items required to be reported and to simplify reporting requirements.
ANTICIPATED SCHEDULE: Winter 2001
AFFECTED PARTIES: All telephone utilities providing local exchange service in the State of Maine.

CHAPTER 204: Basic Service Calling Area
STATUTORY AUTHORITY: 35-A MRSA 111, 301(2), 7303
PURPOSE: To consider changes to the rule that will provide customers additional choices for calling areas.
ANTICIPATED SCHEDULE: Spring 2001
AFFECTED PARTIES: All telephone utilities and their customers.

CHAPTER 210: Uniform System of Accounts for Telephone Utilities
STATUTORY AUTHORITY: 35-A MRSA 107, 111, 112, 501, 502, 504 & 505
PURPOSE: To conform the rule to the nationally established Uniform System of Accounts and update Annual Report requirements.
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: All telephone utilities.

CHAPTER 220: Retroactive Telephone Inter-Company Settlements
STATUTORY AUTHORITY: 35-A MRSA 111,
PURPOSE: To repeal the rule as it is no longer applicable.
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: All telephone utilities.

CHAPTER 250: Coin-Operated Telephone Service
STATUTORY AUTHORITY: 35-A MRSA 111, 301, 307, 704, 1301, 1306 to 1308, 2101, 2105, 2110, 7101, 7301 & 7503
PURPOSE: To conform the rule to statutory and federal regulatory changes.
ANTICIPATED SCHEDULE: Spring 2001
AFFECTED PARTIES: All telephone utilities that provide coin-operated telephone service and users and coin-operated telephones.

CHAPTER 280: Provision of Competitive Telecommunications Services
STATUTORY AUTHORITY: 35-A MRSA 111, 7101-B
PURPOSE: To update provisions to conform to the governing statute, particularly Section 8 of the Rule.
ANTICIPATED SCHEDULE: Spring 2001
AFFECTED PARTIES: All telephone utilities that provide intrastate interexchange service in the State of Maine and their customers.

Ch. 288 was added by amendment dated May, 2001.
CHAPTER 288: State Universal Service Fund for Local Exchange Carriers
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 7104
PURPOSE: To establish the process for providing "high cost" support for local exchange telephone companies that are not able to maintain affordable and reasonably comparable local service rates in the absence of such support.
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: All telephone utilities and their customers.

CHAPTER 290: Standards for Telecommunications Billing, Credit and Collection, and Customer Information for Eligible Telecommunications Carriers
STATUTORY AUTHORITY: 35-A MRSA 111, 704
PURPOSE: To establish credit and collection practices for Eligible Telecommunications Carriers.
ANTICIPATED SCHEDULE: Fall 2000
AFFECTED PARTIES: All ETCs operating in Maine and their customers.

CHAPTER 291: Standards for Billing, Credit and Collection, and Customer Information for Non-Eligible Telecommunications Carriers
STATUTORY AUTHORITY: 35-A MRSA 111, 704
PURPOSE: To establish credit and collection practices for Non-eligible Telecommunications Carriers.
ANTICIPATED SCHEDULE: Fall 2000
AFFECTED PARTIES: All Non-ETCs operating in Maine and their customers.

CHAPTER 292: Standards for Billing, Credit and Collection, and Customer Information for Interexchange Carriers
STATUTORY AUTHORITY: 35-A MRSA 111, 704
PURPOSE: To establish credit and collection practices for Interexchange Carriers.
ANTICIPATED SCHEDULE: Fall 2000
AFFECTED PARTIES: All Interexchange Carriers operating in Maine and their customers.

CHAPTER 2XX: Telecommunications Carriers Process for Abandoning Service
STATUTORY AUTHORITY: 35-A MRSA 111, 1104
PURPOSE: To establish a standard process whereby telecommunications will be authorized to abandon service if they comply with the specified process and notice requirements contained in the rule.
ANTICIPATED SCHEDULE: Winter 2001
AFFECTED PARTIES: All telephone utilities operating in Maine.

CHAPTER 2XX: Minimum Service Standards for Local Exchange Carriers
STATUTORY AUTHORITY: 35-A MRSA 111, 301, 7101, 7104
PURPOSE: To define the components of basic telecommunication service so that customers in a multi-provider environment will have available services considered essential for minimally acceptable access to, and use of, the public switched network. The rule will also address the requirements that carriers seeking Eligible Telecommunication Carrier (ETC) must meet, including the components of basic service.
ANTICIPATED SCHEDULE: Spring 2001
AFFECTED PARTIES: All local exchange carriers and their customers.

CHAPTER 2XX: Certification of Competitive Interexchange Carriers
STATUTORY AUTHORITY: 35-A MRSA 111, 304, 307, 2102
PURPOSE: To consider simplifying the registration and filing requirements for competitive interexchange carriers.
ANTICIPATED SCHEDULE: Spring 2001
AFFECTED PARTIES: All competitive interexchange carriers and their customers.

CHAPTER 301: Standard Offer Service
STATUTORY AUTHORITY: 35-A MRSA 111, 1301, 1306, 3212
PURPOSE: To amend the rule based on the Commissioner's experience in the 1999 bid process.
ANTICIPATED SCHEDULE: Fall 2000
AFFECTED PARTIES: All competitive electricity provider and transmission and distribution utilities.

CHAPTER 305: Licensing Requirements, Annual Reporting, Enforcement and Consumer Protection Provisions for Competitive Provision of Electricity
STATUTORY AUTHORITY: 35-A MRSA 111, 3203 (16-A), (18)
PURPOSE: To amend the rules to conform it with recent statutory changes P.L. 1999, ch. 237; and to make minor implementation modifications.
ANTICIPATED SCHEDULE: Winter 2001
AFFECTED PARTIES: All transmission and distribution utilities, competitive electricity providers and their customers.

CHAPTER 306: Uniform Information Disclosure and Informational Filing Requirements
STATUTORY AUTHORITY: 35-A MRSA 111, 1301, 3203(3)
PURPOSE: To correct problems identified following implementation of the rule.
ANTICIPATED SCHEDULE: Spring 2001
AFFECTED PARTIES: All transmission and distribution utilities, competitive electricity providers and their customers.

Ch. 314 was added by amendment dated May, 2001.
CHAPTER 314: Electric Lifeline Program
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 3214
PURPOSE: To establish the design, administration and funding criteria for a statewide program to assist low-income customers pay their electric bills.
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: All transmission and distribution electric utilities and their customers.

CHAPTER 410: Uniform System of Accounts for Gas Utilities
STATUTORY AUTHORITY: 35-A MRSA 111, 112, 501, 502, 504
PURPOSE: To clarify the annual reporting requirements for gas utilities.
ANTICIPATED SCHEDULE: Winter 2001
AFFECTED PARTIES: Gas utilities.

CHAPTER 420: Safety of Gas Transmission and Distribution Systems
STATUTORY AUTHORITY: 35-A MRSA 111 & 4702
PURPOSE: To amend the rule to add safety standards and reporting requirements for central tank systems or a petroleum gas systems that serve 10 or more customers or are located in a public place.
ANTICIPATED SCHEDULE: Winter 2001
AFFECTED PARTIES: Certain gas utilities and the general public.

CHAPTER 430: Cost of Gas Adjustment for Gas Utilities
STATUTORY AUTHORITY: 35-A MRSA 111 & 4703
PURPOSE: To revise cost of gas adjustment annual report requirements.
ANTICIPATED SCHEDULE: Winter 2001
AFFECTED PARTIES: Gas utilities.

CHAPTER 4XX: Natural Gas Unbundling
STATUTORY AUTHORITY: 35-A MRSA 111, 4709
PURPOSE: To establish requirements for licensing gas marketers, codes of conduct, consumer protection, capacity assignments and other areas affected by unbundling.
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: Gas utilities, gas marketers and their customers.

CHAPTER 510: Authorization and Operation of Ferries in Casco Bay
STATUTORY AUTHORITY: 35-A MRSA 111 & 5101, 5101-A - 5101-F, 5102-5107
PURPOSE: To conform the rule to statutory provisions.
ANTICIPATED SCHEDULE: September 2000
AFFECTED PARTIES: Casco Bay ferries and passengers

CHAPTER 520: Unscheduled Tour, Charter and Water Taxi Services and Unscheduled Freight Services in Casco Bay
STATUTORY AUTHORITY: 35-A MRSA 5101-D, 5101-E
PURPOSE: Amend rule to add provisions for unscheduled freight services, and to adopt an application for persons seeking authorization for unscheduled charter, water, taxi and freight services in Casco Bay.
ANTICIPATED SCHEDULE: September 2000
AFFECTED PARTIES: Unscheduled charter, water, taxi and freight service providers in Casco Bay and their customers.

CHAPTER 560: Publication and Posting Requirements for Rate Changes Filed by Casco Bay Island Transit District
STATUTORY AUTHORITY: 35-A MRSA 5101; P. & S.L. 1981, Ch. 22(12)
PURPOSE: To establish the public notice requirement for rate changes filed by Casco Bay Island Transit District.
AFFECTED PARTIES: CBITD and its customers.

CHAPTER 620: Service Standards for Water Utilities
STATUTORY AUTHORITY: 35-A MRSA 111, 301 & 6106
PURPOSE: To conform the rule to changes in 35-A MRSA 6106.
ANTICIPATED SCHEDULE: Spring 2001
AFFECTED PARTIES: All water utilities and their customers

CHAPTER 630: Major Construction Projects of Water Utilities
STATUTORY AUTHORITY: 35-A MRSA 111, 301, 1301 & 6102
PURPOSE: To consider amendments to make the rule consistent with amendments to 35-A MRSA 6102, primarily a new provision requiring a utility undertaking a project required by the federal Safe Drinking Water Act to file and make publicly available cost estimates of the utility's preferred and alternate plans.
ANTICIPATED SCHEDULE: Spring 2001
AFFECTED PARTIES: All water utilities

CHAPTER 650: Water Utility Main Extensions
STATUTORY AUTHORITY: 35-A MRSA 111, 301 & 6106
PURPOSE: To conform Chapter 650 to 35-A MRSA 6106 and to rewrite the rule in plain language; to reorganize the rule to promote clarity; and to consider modifications to selected provisions.
ANTICIPATED SCHEDULE: Spring 2001
AFFECTED PARTIES: All water utilities and their customers and persons requesting a water main extension.

CHAPTER 690: Determination of Fire Protection Revenues for Water Utilities
STATUTORY AUTHORITY: 35-A MRSA 111, 301, 502 & 6106
PURPOSE: To conform the rule to changes made to Chapter 650 (described above).
ANTICIPATED SCHEDULE: Spring 2001
AFFECTED PARTIES: All water utilities, municipalities and customers of water utilities.

CHAPTER 6XX: Water Supply Emergencies
STATUTORY AUTHORITY: 35-A MRSA 111 & 301
PURPOSE: To establish criteria to allow water utilities to restrict water usage in emergency situations.
ANTICIPATED SCHEDULE: Winter 2001
AFFECTED PARTIES: All water utilities and their customers.

CHAPTER 810: Residential Utility Service Standards for Credit and Collection Programs
STATUTORY AUTHORITY: 35-A MRSA 111, 704
PURPOSE: To conform rules to be consistent with electric restructuring and with Commission experience in applying the rule.
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: All utilities and their residential customers, except telephone utilities.

CHAPTER 820: Non-Core Utility Activities and Transactions Between Affiliates
STATUTORY AUTHORITY: 35-A MRSA 111, 503, 707, 708, 713, 714, 715
PURPOSE: To conform the rule to recent statutory changes and to make other minor changes.
ANTICIPATED SCHEDULE: Fall 2000
AFFECTED PARTIES: All Maine utilities, except water utilities.

CHAPTER 860: Disconnection and Deposit Regulations for Nonresidential Utility Services
STATUTORY AUTHORITY: 35-A MRSA 111, 704, 705
PURPOSE: To conform rules to be consistent with electric restructuring and with Commission experience in applying the rule.
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: All utilities and their non-residential customers, except telephone utilities.

CHAPTER 895: Underground Facility Damage Prevention Requirements
STATUTORY AUTHORITY: 35-A MRSA 111, 1502, 23 MRSA 3360-A
PURPOSE: To describe the responsibilities of excavators, underground facilities operators, Dig Safe System, Inc. and the Commission in protecting underground facilities.
ANTICIPATED SCHEDULE: September 2000
AFFECTED PARTIES: Excavators, underground facility operators and the public.

CHAPTER 910: Safety of Overhead Utility Lines Crossing Water and Adjacent Areas Suitable for Rigging, Launching and Operating Boats
STATUTORY AUTHORITY: 35-A MRSA 111, 301(1), 2305-A
PURPOSE: To conform the rule to statutory amendments.
ANTICIPATED SCHEDULE: Spring 2001
AFFECTED PARTIES: All telephone and transmission and distribution utilities and boaters.


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