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State of Maine

65
Public Utilities Commission
1998-99 Regulatory Agenda


CONTACT PERSON: Gilbert Brewer, Legislative Counsel, State House Station 18, Augusta, ME 04333. Tel: (207) 287-3831

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULE-MAKING ACTIVITY:

CHAPTER 110: Rules of Practice and Procedure
STATUTORY AUTHORITY: 35-A M.R.S.A. 104, 111 & 301; 5 M.R.S.A. 8051
PURPOSE: To consider various changes to the Commission's rules of practice and procedure including: changes to procedure governing notice to utility customers preceding and following rate case proceedings and other increases in rates; procedure for data requests and responses; clarification of party status of lead and other complainants under 35-A M.R.S.A. 1302; numbering of filed pages; modification of the applicability of 305(b) (computation of time) to exclude filings required by procedural orders; modification of 925, governing procedure for 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 ( 926); requiring tables of contents in prefiled testimony; adoption of procedures for handling confidential materials; requiring filings to be made on 3-hole punched paper and recyclable bindings; elimination of the last sentence of 1004 (provision now covered by Maine Rules of Civil Procedure).
ANTICIPATED SCHEDULE: Spring, 1999
AFFECTED PARTIES: All utilities subject to the Commission's jurisdiction and their customers

CHAPTER 120: Filing Requirements for Schedules of Rates, Tolls, Charges Rules and Regulations
STATUTORY AUTHORITY: 35-A M.R.S.A. 104, 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; to consider changes to notice provisions for rate cases filed pursuant to 6104 or 3502 regarding customer petitions for Commission review; to conform definition of "general rate case" (increase in revenues of more than 2%; ( 2.E) to the statutory definition (35-A M.R.S.A. 307) (increase in revenues of more than 1%); to consider amendments requiring direct notice of certain rate changes; to consider changing 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; to establish requirements for service territory maps.
ANTICIPATED SCHEDULE: Spring 1999
AFFECTED PARTIES: All utilities subject to the Commission's jurisdiction and their customers.

CHAPTER 200: Reporting Requirements for Local Exchange Carriers
STATUTORY AUTHORITY: 35-A M.R.S.A. 104, 111, 301 & 801 to 808
PURPOSE: This rule was selected for revision as a result of the Administrative Rulemaking Inventory pursuant to Executive Order #6. Its purpose is to update the items required to be reported and to simplify reporting requirements.
ANTICIPATED SCHEDULE: Winter 1998-99
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. 101, 103, 104, 107, 111, 112, 501, 502, 504 & 505
PURPOSE: This rule was selected for revision as a result of the Administrative Rulemaking Inventory pursuant to Executive Order #6. Its purpose is to conform the rule to the nationally-established Uniform System of Accounts.
ANTICIPATED SCHEDULE: Winter, 1998-99
AFFECTED PARTIES: All telephone utilities.

CHAPTER 220: Retroactive Telephone Inter-Company Settlements
STATUTORY AUTHORITY: 35-A M.R.S.A. 101, 102, 103, 104, 111, 112, 1301, 2101, 2102, 2105, 2107 & 8901
PURPOSE: This rule was selected for revision as a result of the Administrative Rulemaking Inventory pursuant to Executive Order #6. Its purpose is to conform the rule to the nationally-established Uniform System of Accounts and to consider changes to certain definitions.
ANTICIPATED SCHEDULE: Spring, 1999
AFFECTED PARTIES: All telephone utilities.

CHAPTER 250: Coin-Operated Telephone Service
STATUTORY AUTHORITY: 35-A M.R.S.A. 104, 111, 301, 307, 704, 1301, 1306 to 1308, 2101, 2105, 2110, 7101, 7301 & 7503
PURPOSE: This rule was selected for revision as a result of the Administrative Rulemaking Inventory pursuant to Executive Order #6. Its purpose is to conform the rule to statutory and federal regulatory changes.
ANTICIPATED SCHEDULE: Winter, 1998-99
AFFECTED PARTIES: All telephone utilities that provide coin-operated telephone service and users of coin-operated telephones.

CHAPTER 280: Provision of Competitive Telecommunications Services
STATUTORY AUTHORITY: 35-A M.R.S.A. 101, 103, 111 & 7101-B
PURPOSE: To update provisions to conform to the governing statute.
ANTICIPATED SCHEDULE: Winter, 1998-99
AFFECTED PARTIES: All telephone utilities provided intrastate interexchange service in the State of Maine and their customers.

CHAPTER 304: Transmission and Distribution Utility Marketing
STATUTORY AUTHORITY: 35-A M.R.S.A. 101, 3205, 3206 & 3207
PURPOSE: To establish standards of conduct governing the relationship between a transmission and distribution utility and its affiliated competitive electricity provider, and to require a consumer-owned electric utility to report certain wholesale electricity transactions.
ANTICIPATED SCHEDULE: March 1, 1999
AFFECTED PARTIES: All electric utilities and their customers and competitive electricity providers

CHAPTER 334: Filing Requirements for Petitions of Public Convenience and Necessity for Significant Agreements Relating to Electric or Transmission Capacity
STATUTORY AUTHORITY: 35-A M.R.S.A. 111 & 3133-A
PURPOSE: This rule was selected for revision as a result of the Administrative Rulemaking Inventory pursuant to Executive Order #6. Its purpose is to conform the rule to statutory provisions.
ANTICIPATED SCHEDULE: Winter 1998-99
AFFECTED PARTIES: All electric utilities that may file for a Certificate of Public Convenience and Necessity for significant agreements relating to electric or transmission capacity.

CHAPTER 410: Uniform System of Accounts for Gas Utilities
STATUTORY AUTHORITY: 35-A M.R.S.A. 101, 103, 104, 107, 111, 112, 501, 502 & 504
PURPOSE: This rule was selected for revision as a result of the Administrative Rulemaking Inventory pursuant to Executive Order #6. Its purpose is to conform the rule with the nationally-established Uniform System of Accounts.
ANTICIPATED SCHEDULE: Summer/Fall, 1998
AFFECTED PARTIES: All gas utilities.

CHAPTER 510: Authorization and Operation of Water Common Carriers
STATUTORY AUTHORITY: 35-A M.R.S.A. 111 & 5101-5101-E
PURPOSE: This rule was selected for revision as a result of the Administrative Rulemaking Inventory pursuant to Executive Order #6. Its purpose is to conform the rule to statutory provisions.
ANTICIPATED SCHEDULE: Fall 1998
AFFECTED PARTIES: Casco Bay ferries and passengers

CHAPTER 620: Service Standards for Water Utilities
STATUTORY AUTHORITY: 35-A M.R.S.A. 104, 111, 301 & 6106
PURPOSE: This rule was selected for revision as a result of the Administrative Rulemaking Inventory pursuant to Executive Order #6. Its purpose is to conform Chapter 620 to 35-A M.R.S.A. 6106.
ANTICIPATED SCHEDULE: Spring 1999
AFFECTED PARTIES: All water utilities and their customers.

CHAPTER 630: Major Construction Projects of Water Utilities
STATUTORY AUTHORITY: 35-A M.R.S.A. 111, 301, 1301 & 6102
PURPOSE: This rule was selected for revision as a result of the Administrative Rulemaking Inventory pursuant to Executive Order #6. Its purpose is to consider amendments to make the rule consistent with amendments to 35-A M.R.S.A. 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 1999
AFFECTED PARTIES: All water utilities.

CHAPTER 650: Water Utility Main Extensions
STATUTORY AUTHORITY: 35-A M.R.S.A. 104, 111, 301 & 6106
PURPOSE: This rule was selected for revision as a result of the Administrative Rulemaking Inventory pursuant to Executive Order #6. Its purpose is 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 1999
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 M.R.S.A. 104, 111, 301, 502, & 6106
PURPOSE: To conform the rule to changes made to Chapter 650 (described above).
ANTICIPATED SCHEDULE: Spring, 1999
AFFECTED PARTIES: All water utilities, municipalities and customers of water utilities.

CHAPTER 910: Safety of Overhead Utility Lines Crossing Water and Adjacent Areas Suitable for Rigging, Launching and Operating Boats
STATUTORY AUTHORITY: 35-A M.R.S.A. 104, 111 & 301(1)
PURPOSE: This rule was selected for revision as a result of the Administrative Rulemaking Inventory pursuant to Executive Order #6. Its purpose is to conform the rule to statutory amendments.
ANTICIPATED SCHEDULE: Spring, 1999
AFFECTED PARTIES: All electric utilities and boaters.

CHAPTER - : Exemption from 35-A M.R.S.A. 2102(1) Approval Requirement Before Commencing Service
STATUTORY AUTHORITY: 35-A M.R.S.A. 101, 103 & 2102(3)
PURPOSE: Title 35-A, section 2102(1) requires a telephone utility to obtain the approval of the Commission before commencing service in any municipality in which another telephone utility is providing service or is authorized to provide service. The purpose of this rule is to create an exemption from this approval requirement for certain telephone utilities. In compliance with P.L. 1997, Ch. 118.
ANTICIPATED SCHEDULE: January 1, 1999
AFFECTED PARTIES: All telephone utilities and their customers.

CHAPTER - : Exemptions from Statutory Requirements of Service
STATUTORY AUTHORITY: 35-A M.R.S.A. 101, 103, 307-A, 912, & 1105
PURPOSE: To provide exemptions for certain telephone utilities from otherwise applicable statutory requirements relating to the filing of rates, the issuance of long-term debt, the sale of utility property; mergers or stock acquisitions and the abandonment of service. In compliance with P.L. 1997, Ch. 276.
ANTICIPATED SCHEDULE: Spring, 1999
AFFECTED PARTIES: All telephone utilities and their customers

CHAPTER - : Electric Billing & Metering Competition
STATUTORY AUTHORITY: 35-A M.R.S.A. 101 & 3202
PURPOSE: To establish rules governing the competitive provision of electric billing and metering services.
ANTICIPATED SCHEDULE: March 1, 1999
AFFECTED PARTIES: All electric utilities and their customers; possible competitive providers of electric billing and metering services

CHAPTER - : Consumer Protection; Licensing and Disclosure Requirements for Competitive Electricity Providers
STATUTORY AUTHORITY: 35-A M.R.S.A. 101 & 3203
PURPOSE: To establish consumer protection standards and adopt licensing and information disclosure requirements applicable to competitive electricity providers
ANTICIPATED SCHEDULE: March 1, 1999
AFFECTED PARTIES: All competitive electricity providers and their customers

CHAPTER - : Sale of Capacity and Energy; Extension of Divestiture Deadline
STATUTORY AUTHORITY: 35-A M.R.S.A. 101 & 3204
PURPOSE: To establish guidelines for the sale of energy and capacity by electric utilities and to establish a procedure by which utilities could seek an extension of the statutory divestiture deadline.
ANTICIPATED SCHEDULE: March 1, 1999
AFFECTED PARTIES: All electric utilities and their customers

CHAPTER - : Renewable Resources
STATUTORY AUTHORITY: 35-A M.R.S.A. 101 & 3210
PURPOSE: To establish renewable resource portfolio requirements applicable to competitive electricity providers and to establish a method of voluntary contributions for research and development of the use of renewable resources to generate electricity
ANTICIPATED SCHEDULE: January 1, 1999
AFFECTED PARTIES: All electric utilities and their customers; renewable resource electricity providers

CHAPTER - : Energy Efficiency Programs
STATUTORY AUTHORITY: 35-A M.R.S.A. 101 & 3211
PURPOSE: To establish guidelines for energy efficiency programs to be implemented by transmission and distribution utilities.
ANTICIPATED SCHEDULE: July 1, 1999
AFFECTED PARTIES: All electric utilities and their customers; providers of energy efficiency programs

CHAPTER - : Low Income Assistance Program
STATUTORY AUTHORITY: 35-A M.R.S.A. 101, 111 & 3214
PURPOSE: To establish a low-income assistance program for electricity consumers
ANTICIPATED SCHEDULE: Spring, 1999
AFFECTED PARTIES: All electric utilities and their customers

CHAPTER - : Load Profiling
STATUTORY AUTHORITY: 35-A M.R.S.A. 101, 111 & 3202
PURPOSE: To develop a procedure by which customers' energy uses are estimated to eliminate the need for expensive, individual meters when retail competition occurs
ANTICIPATED SCHEDULE: Fall, 1998
AFFECTED PARTIES: All electric utilities and their customers

CHAPTER - : Billing, Metering and Collection Protocols
STATUTORY AUTHORITY: 35-A M.R.S.A. 101, 111 & 3202
PURPOSE: To establish industry protocols governing the provision of billing, metering and collection services before competition for these services is implemented.
ANTICIPATED SCHEDULE: Fall, 1998
AFFECTED PARTIES: All electric utilities, competitive electricity providers and their customers


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