Maine Revised Statutes Title 35-A Sec. 6114 – Exemption from requirements
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The commission may grant exemptions from portions of this Title to individual consumer-owned water utilities or a class of consumer-owned water utilities in accordance with this section. An exemption granted under this section must be granted pursuant to standards and procedures adopted by the commission by rule. [PL 2013, c. 573, §4 (NEW).]
1. General standards. In order to grant an exemption, the commission must make specific findings that the exemption is in the public interest, will not result in unjust or unreasonable rates and will not have a negative impact on the provision of safe, adequate and reliable service and that the affected consumer-owned water utility or class of consumer-owned water utilities has the adequate technical, financial and administrative capacity to perform the waived function or requirement.
[PL 2013, c. 573, §4 (NEW).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 6114
- Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
- Consumer-owned water utility: includes but is not limited to:
A. See Maine Revised Statutes Title 35-A Sec. 6101Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Water utility: includes every person, its lessees, trustees, receivers or trustees appointed by any court, owning, controlling, operating or managing any water works for compensation within this State, including any aqueduct organized under former Title 35, chapter 261 and any of its predecessors. See Maine Revised Statutes Title 35-A Sec. 102
2. Initiation of exemption. The commission shall consider an exemption to an individual consumer-owned water utility at the request of a consumer-owned water utility. The commission shall require the consumer-owned water utility to notify its customers and hold a public hearing before approving the request for exemption. The commission may, on its own motion, grant an exemption to a class of consumer-owned water utilities. The commission shall adopt by rule standards and procedures for granting an exemption to a class of consumer-owned water utilities.
[PL 2013, c. 573, §4 (NEW).]
3. Exceptions. The commission may not a grant an exemption under this section from any of the following sections of this Title:
[PL 2013, c. 573, §4 (NEW).]
4. Consumer assistance and safety division. The commission shall ensure that customers of consumer-owned water utilities retain access to the services provided by the consumer assistance and safety division within the commission.
[PL 2015, c. 8, §7 (AMD).]
5. Rescission. The commission shall establish by rule a process by which:
A. Customers of a consumer-owned water utility may petition the commission to rescind an exemption granted under this section to an individual consumer-owned water utility or to a class of consumer-owned water utilities; and [PL 2013, c. 573, §4 (NEW).]
B. The commission may on its own motion rescind an exemption granted under this section to an individual consumer-owned water utility or to a class of consumer-owned water utilities. [PL 2013, c. 573, §4 (NEW).]
A rescission may be in whole or in part and may be specific to an individual consumer-owned water utility.
[PL 2013, c. 573, §4 (NEW).]
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A. [PL 2013, c. 573, §4 (NEW).]
SECTION HISTORY
PL 2013, c. 573, §4 (NEW). PL 2015, c. 8, §7 (AMD).