Maine Revised Statutes Title 35-A Sec. 2102 – Approval to furnish service
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The following provisions apply to furnishing service. [PL 1987, c. 141, Pt. A, §6 (NEW).]
1. Approval required. Except as provided in subsection 2 and in section 4507, a public utility may not furnish any of the services set out in section 2101 in or to any municipality in or to which another public utility is furnishing or is authorized to furnish a similar service without the approval of the commission. The commission may condition approval upon the submission of a bond or other financial security if the commission determines that such a requirement is necessary to ensure that a public utility has the financial ability to meet its obligations under this Title.
A. [PL 2011, c. 623, Pt. A, §17 (RP).]
[PL 2011, c. 623, Pt. A, §17 (AMD).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 2102
- Abutting property: means , with respect to a parcel of land, another parcel of land that shares a common property boundary, except that "abutting property" does not include a parcel of land separated from another parcel by a public road or highway. See Maine Revised Statutes Title 35-A Sec. 102
- Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dark fiber provider: means a person, its lessees, trustees, receivers or trustees appointed by any court, owning, controlling, operating or managing federally supported dark fiber that:
A. See Maine Revised Statutes Title 35-A Sec. 102Local exchange carrier: means any person that is engaged in the provision of telephone exchange service or exchange access. See Maine Revised Statutes Title 35-A Sec. 102 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Public utility: includes every gas utility, natural gas pipeline utility, transmission and distribution utility, telephone utility, water utility and ferry, as those terms are defined in this section, and each of those utilities is declared to be a public utility. See Maine Revised Statutes Title 35-A Sec. 102 Telephone utility: includes every person, its lessees, trustees, receivers or trustees appointed by any court, that provides telephone service for compensation inside this State. See Maine Revised Statutes Title 35-A Sec. 102 Transmission and distribution plant: means all real estate, fixtures and personal property owned, controlled, operated or managed in connection with or to facilitate the transmission, distribution or delivery of electricity for light, heat or power for public use and includes all conduits, ducts and other devices, materials, apparatus and property for containing, holding or carrying conductors used, or to be used, for the transmission or distribution of electricity for light, heat or power for public use. See Maine Revised Statutes Title 35-A Sec. 102 Transmission and distribution utility: means a person, its lessees, trustees or receivers or trustees appointed by a court, owning, controlling, operating or managing a transmission and distribution plant for compensation within the State, except where the electricity is distributed by the entity that generates the electricity through private property alone solely for the use of:
2. Approval not required. Except as provided in section 2104, the commission’s approval is not required for a public utility to furnish service in any municipality in which that public utility is furnishing service on October 8, 1967. Approval is not required for a transmission and distribution utility to distribute electricity to any other transmission and distribution utility.
[PL 2011, c. 623, Pt. A, §17 (AMD).]
2-A. Northern Maine Transmission Corporation.
[PL 2003, c. 506, §11 (RP).]
3. Exemption for certain telephone utilities. The provisions of this section do not apply to any telephone utility except a provider of provider of last resort service with respect to the provision of provider of last resort service and a local exchange carrier.
A. [PL 2011, c. 623, Pt. A, §17 (RP).]
B. [PL 2011, c. 623, Pt. A, §17 (RP).]
C. [PL 2011, c. 623, Pt. A, §17 (RP).]
[PL 2011, c. 623, Pt. A, §17 (AMD).]
4. Dark fiber provider.
[PL 2011, c. 623, Pt. A, §17 (RP).]
5. Exemption for certain private electric facilities. The provisions of this section do not apply to the construction of a transmission line, together with all associated equipment and facilities, that is constructed, owned and operated by a generator of electricity for the purpose of electrically and physically interconnecting that generator to a commercial or industrial consumer of the electricity that is located on:
A. The property where the entity that generates the electricity is located or on abutting property; or [PL 2019, c. 205, §3 (NEW).]
B. A commercial or industrial site that was served by the entity that generates the electricity or its predecessor without using the transmission and distribution plant of a public utility prior to December 31, 2018. [PL 2019, c. 205, §3 (NEW).]
[PL 2019, c. 205, §3 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 342, §4 (AMD). PL 1997, c. 118, §1 (AMD). PL 1997, c. 569, §1 (AMD). PL 1997, c. 569, §2 (AFF). PL 1999, c. 398, §A30 (AMD). PL 1999, c. 398, §§A104,105 (AFF). PL 1999, c. 513, §7 (AMD). PL 2003, c. 505, §28 (AMD). PL 2003, c. 506, §11 (AMD). PL 2007, c. 638, §1 (AMD). PL 2009, c. 612, §§5, 6 (AMD). PL 2011, c. 623, Pt. A, §17 (AMD). PL 2019, c. 205, §3 (AMD).