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65
Public Utilities Commission
2002-2003 Regulatory Agenda

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

CONTACT PERSON: Mitchell Tannenbaum, Acting 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 M.R.S.A. § 8051-B during 2002-2003.

EXPECTED 2002-2003 RULE-MAKING ACTIVITY:

CHAPTER 110: Rules of Practice and Procedure
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111 & 1311-A; 5 M.R.S.A. § 8051
PURPOSE: For corrections based on experience in implementing the rule.
ANTICIPATED SCHEDULE: Spring 2003
AFFECTED PARTIES: All utilities.

CHAPTER 120: Filing Requirements for Schedules of Rates, Terms and Conditions
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 301, 304, 307, 310, 3502 & 6104
PURPOSE: For corrections based on experience in implementing the rule.
ANTICIPATED SCHEDULE: Spring 2003
AFFECTED PARTIES: All utilities.

CHAPTER 130: Safety and Accident Reporting Requirements
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 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.
ANTICIPATED SCHEDULE: Winter 2003
AFFECTED PARTIES: All gas, natural gas pipeline, electric transmission and distribution utilities, telephone and water utilities.

CHAPTER 140: Utility Service and Infrastructure Maps
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 301, 2102-2105, 2110
PURPOSE: To clarify new rule
ANTICIPATED SCHEDULE: Spring 2003
AFFECTED PARTIES: All utilities.

CHAPTER 200: Reporting Requirements for Local Exchange Carriers
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 301, 801-808
PURPOSE: To update the items required to be reported and to simplify reporting requirements.
ANTICIPATED SCHEDULE: Winter 2003
AFFECTED PARTIES: All telephone utilities providing local exchange service in the State of Maine.

CHAPTER 210: Uniform System of Accounts for Telephone Utilities
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 107, 111, 112, 501, 502, 504, 505, 507
PURPOSE: To conform the rule to the nationally established Uniform System of Accounts and update Annual Report requirements.
ANTICIPATED SCHEDULE: Winter 2003
AFFECTED PARTIES: All telephone utilities.

CHAPTER 250: Coin-Operated Telephone Service
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 301, 307, 704, 1301, 1306-1308, 2101, 2105, 2110, 7101, 7301, 7503
PURPOSE: To conform the rule to statutory and federal regulatory changes and determine what regulation, if any, is necessary.
ANTICIPATED SCHEDULE: Winter 2003
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 M.R.S.A. §§ 111, 7101-B
PURPOSE: To update provisions to conform to the governing statute, particularly Section 8 of the Rule.
ANTICIPATED SCHEDULE: Spring 2003
AFFECTED PARTIES: All telephone utilities that provide intrastate interexchange service in the State of Maine and their customers.

CHAPTER 296: Selection of Primary Interexchange and Local Exchange Carriers
STATUTORY AUTHORITY: 35-A M.R.S.A. § 7106
PURPOSE: To make the rule consistent with the FCC rules
ANTICIPATED SCHEDULE: Winter 2003
AFFECTED PARTIES: All telephone utilities and their customers.

CHAPTER 2XX: Telecommunications Carriers Process for Abandoning Service
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 1104
PURPOSE: To establish a standard process whereby telecommunications companies will be authorized to abandon service if they comply with the specified process and notice requirements contained in the rule.
ANTICIPATED SCHEDULE: Winter 2003
AFFECTED PARTIES: All telephone utilities operating in Maine.

CHAPTER 2XX: Minimum Service Standards for Local Exchange Carriers
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 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 2003
AFFECTED PARTIES: All local exchange carriers and their customers.

CHAPTER 2XX: Certification of Competitive Interexchange Carriers
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 304, 307, 307-A, 912, 1105, 2102
PURPOSE: To consider simplifying the registration and filing requirements for competitive interexchange carriers.
ANTICIPATED SCHEDULE: Winter 2003
AFFECTED PARTIES: All competitive interexchange carriers and their customers.

CHAPTER 2XX: Implementing Exemptions for Certain Telecommunications Carriers
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 507, 912, 1105
PURPOSE: To exempt telecommunications carriers from certain accounting and financing approval requirements.
ANTICIPATED SCHEDULE: Spring 2003
AFFECTED PARTIES: All telecommunications carriers.

CHAPTER 305: Licensing Requirements, Annual Reporting, Enforcement and Consumer Protection Provisions for Competitive Provision of Electricity
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 3203
PURPOSE: To update rule due to legislative changes in 35-A M.R.S.A. § 3203.
ANTICIPATED SCHEDULE: Winter 2003
AFFECTED PARTIES: All electric transmission and distribution utilities, competitive electricity providers and their customers.

CHAPTER 306: Uniform Information Disclosure and Informational Filing Requirements
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 1301, 3203(3)
PURPOSE: To update for new tracking system.
ANTICIPATED SCHEDULE: Fall 2002
AFFECTED PARTIES: All transmission and distribution utilities, competitive electricity providers and their customers.

CHAPTER 310: Uniform System of Accounts for Electric Utilities
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 501-505
PURPOSE: Needs updating due to electric restructuring.
ANTICIPATED SCHEDULE: Spring 2003
AFFECTED PARTIES: Electric transmission and distribution utilities.

CHAPTER 311: Renewable Resource Portfolio Requirement
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 104, 111, 1301, 3203(9), 3210(3); Resolves 1999, ch. 47; PL 1999, ch. 398, Sec. I-4.
PURPOSE: To update for new tracking system.
ANTICIPATED SCHEDULE: Fall 2002
AFFECTED PARTIES: All transmission and distribution utilities, competitive electricity providers and their customers.

CHAPTER 320 (currently 32): Service Standards of Electric Utilities
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 704, 1308
PURPOSE: Update the rules provision due to electric restructuring.
ANTICIPATED SCHEDULE: Winter 2003
AFFECTED PARTIES: All electric transmission and distribution utilities.

Notice for Ch. 322 filed by amendment August 13, 2002
CHAPTER 322: Metering, Billing Collections and Enrollment Interactions Among Transmission and Distribution Utilities and Competitive Electricity Providers
STATUTORY AUTHORITY: 35-A M.R.S.A. Sections 104, 111, 1301, 3202(1) and (2),
3203(9), (14) and (16-A)
PURPOSE: To require utilities to provide billing and collection services to aggregators and brokers
ANTICIPATED SCHEDULE: Summer 2002
AFFECTED PARTIES: All transmission and distribution utilities, electricity aggregators and brokers.

CHAPTER 330: Filing Requirements for Petitions of Public Convenience and Necessity Electric Generating and Transmission Facilities
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 3132
PURPOSE: Needs updating due to electric restructuring.
ANTICIPATED SCHEDULE: Spring 2003
AFFECTED PARTIES: All electric transmission and distribution utilities.

CHAPTER 332: Filing Requirements for Petitions of Public Convenience and Necessity for Purchases of Energy or Fuel Conversion of Generating Facilities
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 3133, 3134
PURPOSE: Needs updating due to electric restructuring.
ANTICIPATED SCHEDULE: Winter 2003
AFFECTED PARTIES: All electric transmission and distribution utilities.

CHAPTER 334: Filing Requirements for Petitions of Public Convenience and Necessity for Significant Agreements Relating to Electric Energy or Transmission Capacity
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 3133, 3133-A
PURPOSE: Update rule due to electric restructuring.
ANTICIPATED SCHEDULE: Spring 2003
AFFECTED PARTIES: All electric transmission and distribution utilities.

CHAPTER 350 (currently 35): Accounting Treatment for Area Lighting
STATUTORY AUTHORITY: 35-A M.R.S.A. § 111
PURPOSE: Repeal rule as it is no longer necessary.
ANTICIPATED SCHEDULE: Spring 2003
AFFECTED PARTIES: All electric transmission and distribution utilities.

CHAPTER 370: Energy Conservation Adjustment For Electric Utilities
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 104, 111
PURPOSE: Repeal as it is no longer necessary.
ANTICIPATED SCHEDULE: Spring 2003
AFFECTED PARTIES: All electric transmission and distribution utilities.

CHAPTER 380: Demand Side Management Programs by Electric Utilities
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 3211
PURPOSE: Revise so that our rule complies with the repeal of 35-A M.R.S.A. § 3211 and enactment of 35-A M.R.S.A. § 3211-A, including defining cost effectiveness, small business consumers and low-income residential consumers
ANTICIPATED SCHEDULE: Summer 2002
AFFECTED PARTIES: All electric transmission and distribution utilities and their customers.

CHAPTER 38X: Procedures Governing the Selection of Conservation Service Providers
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 3211
PURPOSE: New rule to comply with 35-A M.R.S.A. § 3211-A(3) establishing procedures governing the selection of conservation service providers
ANTICIPATED SCHEDULE: Summer 2002
AFFECTED PARTIES: All electric transmission and distribution utilities and their customers; DSM and conservation vendors generally known as Energy Service Companies (ESCOs).

CHAPTER 395: Construction Standards and Ownership and Cost Allocation Rules for Electric Distribution Line Extensions
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 2305-B
PURPOSE: To expand the scope of the rule
ANTICIPATED SCHEDULE: Spring 2003
AFFECTED PARTIES: All electric utilities.

CHAPTER 410: Uniform System of Accounts for Gas Utilities
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 112, 501, 502, 504
PURPOSE: To clarify the annual reporting requirements for gas utilities.
ANTICIPATED SCHEDULE: Winter 2003
AFFECTED PARTIES: All gas utilities.

CHAPTER 420: Safety of Gas Transmission and Distribution Systems
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 4702
PURPOSE: To amend the rule to add safety standards and reporting requirements for central tank propane systems or propane systems that serve 10 or more customers or are located in a public place, and other modifications.
ANTICIPATED SCHEDULE: Winter 2003
AFFECTED PARTIES: Certain gas utilities and the general public.

CHAPTER 620 (currently 62): Service Standards for Water Utilities
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 301, 6106
PURPOSE: To conform the rule to changes in 35-A M.R.S.A. § 6106.
ANTICIPATED SCHEDULE: Spring 2003
AFFECTED PARTIES: All water utilities and their customers

CHAPTER 650: Water Utility Main Extensions
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 301 & 6106
PURPOSE: To conform Chapter 650 to 35-A M.R.S.A. § 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 2003
AFFECTED PARTIES: All water utilities and their customers and persons requesting a water main extension.

CHAPTER 6XX: Water Supply Emergencies
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 301
PURPOSE: To establish criteria to allow water utilities to restrict water usage in emergency situations.
ANTICIPATED SCHEDULE: Winter 2003
AFFECTED PARTIES: All water utilities and their customers.

CHAPTER 720: Compliance with the GAAP Requirements of SFAS No. 106
STATUTORY AUTHORITY: 35-A M.R.S.A. § 111
PURPOSE: Repeal as rule is outdated
ANTICIPATED SCHEDULE: Spring 2003
AFFECTED PARTIES: All utilities

CHAPTER 730: Compliance by Public Utilities with the Requirements of Statement of Financial Accounting Standards No. 109 Established by the Financial Accounting Standards Board
STATUTORY AUTHORITY: 35-A M.R.S.A. § 501
PURPOSE: Repeal as rule is outdated
ANTICIPATED SCHEDULE: Spring 2003
AFFECTED PARTIES: All utilities

CHAPTER 810 (currently 81): Residential Utility Service Standards for Credit and Collection Programs
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 704
PURPOSE: To conform rules to be consistent with electric restructuring and with Commission experience in applying the rule.
ANTICIPATED SCHEDULE: Spring 2003
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 M.R.S.A. §§ 111, 503, 707, 708, 713, 714, 715
PURPOSE: To conform the rule to recent statutory changes and to make other minor changes.
ANTICIPATED SCHEDULE: Spring 2003
AFFECTED PARTIES: All Maine utilities, except water utilities.

CHAPTER 860 (currently 86): Disconnection and Deposit Regulations for Nonresidential Utility Services
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 111, 704, 705
PURPOSE: To conform rules to be consistent with electric restructuring and with Commission experience in applying the rule.
ANTICIPATED SCHEDULE: Spring 2003
AFFECTED PARTIES: All utilities and their non-residential customers, except telephone utilities.

CHAPTER 895: Underground Facility Damage Prevention Requirements
STATUTORY AUTHORITY: 35-A M.R.S.A. §§ 104, 111, 1502, 23 M.R.S.A. § 3360-A
PURPOSE: To modify the provisions of the Damage Prevention Rule to conform with P.L. 2001, ch. 577
ANTICIPATED SCHEDLE: Summer 2002
AFFECTED PARTIES: All excavators and underground facility owners in Maine.


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