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House advances proposal to protect public safety facilities from sudden utility service disconnection

AUGUSTA - In a bipartisan 90-47 vote, the Maine House advanced a proposal on Tuesday from Rep. Seth Berry, D-Bowdoinham, that would protect public safety facilities from sudden utility service disconnection.

As amended, LD 1847 would require a public utility to provide 60 days' advance written notice to public safety facilities of its intent to terminate or disconnect service for non-payment of a bill, including fees and other charges. The utility would also have to obtain prior authorization from the Public Utilities Commission and the Department of Public Safety, and be required to carry out the law without demanding additional guaranteed profits as part of future rates.

Ahead of the vote, Berry said he introduced the measure in response to two recent incidents in which Central Maine Power (CMP) almost mistakenly shut down electricity to critical public safety facilities in Buckfield and Newcastle. In each case, the issue was an error relating to CMP's billing system.

"This legislation puts guardrails in place so our public safety facilities never have to worry about their electricity being shut off due to administrative mistakes by utility companies," said Berry. "Now more than ever, emergency equipment depends on electricity. There are lives at stake, and I am grateful to my colleagues for their support in recognizing the urgency of this issue."

The Professional Firefighters of Maine and the Maine Fire Chiefs' Association spoke in strong support of the bill at its public hearing earlier this year, highlighting the many ways that a surprise disconnection can put lives at risk, especially in rural areas with small, all-volunteer fire departments. Lifesaving equipment such as defibrillators, IV fluid systems and laryngoscope handles for intubation, as well as garage doors and block heaters critical for emergency vehicles, all require electricity.

The town managers who experienced the mistaken near-disconnections also testified in favor of the bill.

"We fortunately avoided a major incident which would have endangered the health, welfare and safety of the residents of Buckfield," said Bradley Plante, who was serving as interim town manager in Buckfield when CMP attempted to disconnect power at the towns fire and rescue facility. "Let us do the right thing and pass some proactive legislation before we have unnecessary loss of life due to an administrative error."

"This bill seeks to put measures in place so that this confusion never happens again," said Sen. Rick Bennett, R-Oxford, the bills lead co-sponsor. "The fact that this episode happened at all is yet more sad testimony to the extraordinary ineptitude of our foreign-owned utility in managing our critical, local electricity infrastructure."

Additionally, Neal Goldberg of the Maine Municipal Association testified in support.

"As word of this legislation spread among municipal officials, more examples of unwarranted or unsafe termination of electric utilities were revealed. Termination of service to public safety facilities were the most alarming. No provider should be able to unreasonably end delivery of an essential utility to public safety services. This is [a] matter of life or death."

LD 1847 faces additional votes in the coming weeks.

Berry represents House District 55, which includes Bowdoin, Bowdoinham, Swan Island and most of Richmond. He previously served from 2006 to 2014, the final two years as House majority leader, and returned to the House in 2016.

Contact:

Jackie Merrill [Berry], c. 812-1111