AUGUSTA - Rep. Seth Berry's bill to ban misleading winter electricity disconnection threats as part of the collections process was signed into law Thursday.
The bill, LD 1328, will prevent electric utilities from issuing misleading disconnection notices during the winter, a practice that has affected thousands of Mainers. The Public Utilities Commission (PUC) already does not allow residential winter disconnections, but did allow untruthful collections notices that convey specific winter dates on which the customer's power will be shut off. According to testimony submitted by the PUC, in the winter of 2019-2020, CMP issued 109,573 such disconnection notices, and Versant issued 66,884. Numbers for 2020 and 2021 were not yet available.
Under the new law, utilities will now be fined up to $2,500 per violation for sending false winter disconnection notices.
"Poverty, a global pandemic, and loss of income in many households, plus the crippling impact of a PUC decision to summarily dismiss thousands of CMP billing disputes, left many customers with balances over three and four thousand dollars," said Berry, D-Bowdoinham, House chair of the Energy, Utilities and Technology Committee. "It is unconscionable that CMP and Versant were allowed to lie and to bully customers with 175,000 empty threats of winter disconnection in 2019 alone. But now this dishonest practice is coming to an end."
After the bills public hearing on April 14, Berry said the bill would end CMP's "shameless and dishonest harassment of customers" during the winter months.
Nicole Batchelder of Leeds said in written testimony that she received one of the disconnection notices in question in December of 2020, shortly before Christmas, and that she felt she was being bullied at a time when she was already struggling.
"We understand we need to pay the bills, somehow, someday, but the disconnection notices will not make the money magically grow on trees in our backyards," wrote Batchelder. "The only thing the threatening winter disconnect notices accomplish during these turbulent times is additional, unneeded stress." Sen. Joseph Baldacci, D-Bangor, was the lead co-sponsor of LD 1328 in the Maine Senate.
"This is an important bill for thousands of Maine families struggling each winter. Having electricity for your home in the winter is the difference between safety and comfort, and frozen pipes, frigid rooms and being able to safely take care of one's family. Power companies are barred from cutting off power to homes during the winter, but before this bill they were still allowed to send misleading and downright threatening letters. That is outrageous and really unacceptable. I was proud to co-sponsor this bill to put an end to this abusive practice," said Baldacci.
The new law does not cover the disconnection process outside of the winter months. Such disconnections had been prohibited due to COVID-19 but are now eligible to resume.
Berry's measure will go into effect 90 days after the Legislatures special session adjourns.
Berry represents House District 55: Bowdoin, Bowdoinham, Swan Island and most of Richmond. He previously served from 2006-2014, the final two years as House majority leader, and returned to the House in 2016.
Baldacci has been practicing law for 29 years. He is a resident of Bangor, has served four terms on the Bangor city Council and was elected Council Chair and Mayor twice. He has represented Maine families and small businesses in his small private practice in downtown Bangor. This is his first term representing Bangor and Hermon in the Maine Senate.
Contact:
Jackie Merrill [Berry] c. 812-1111;
Lisa Haberzettl [Baldacci] 287-1515