Maine Revised Statutes Title 35-A Sec. 2104 – Commission approval for gas companies to furnish service
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1. Approval of commission required; generally. Except as provided in subsection 2, a gas utility may not furnish its service in or to any municipality within the State without the approval of the commission.
[PL 2001, c. 124, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 2104
- Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
- Gas utility: includes every person, that person's lessees, trustees, receivers or trustees appointed by any court owning, controlling, operating or managing any gas plant for compensation within this State, except when gas is made or produced on and distributed by the maker or producer through private property alone solely for its own tenants and not for sale to others, or when the gas is sold solely for use in vehicles fueled by natural gas or to a liquid gas system that serves fewer than 10 customers as long as no portion of the liquid gas system is located in a public place or that serves a single customer if the liquid gas system is located entirely on the customer's premises. 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
- Person: includes a corporation, partnership, limited partnership, limited liability company, limited liability partnership, association, trust, estate, any other legal entity or natural person. See Maine Revised Statutes Title 35-A Sec. 102
2. Approval not required; no other utility serving. Notwithstanding section 2102 or 2105, a gas utility authorized to furnish service and serving customers within the State is not required to obtain the approval of the commission to serve in any municipality in which no other gas utility is furnishing similar service unless the commission, in an order issued pursuant to subsection 3, specifically provides otherwise.
[PL 2001, c. 124, §1 (NEW).]
3. Limited grant of authority. The commission, in an order granting authorization to a person to operate, manage or control a gas utility in any municipality in this State, may expressly limit the area in which the gas utility may provide service without further approval of the commission only if:
A. The commission finds that the financial and technical capacity of the gas utility is limited in a manner that public convenience and necessity require such limited authorization; or [PL 2001, c. 124, §1 (NEW).]
B. The person seeking authorization requests that the authorization be limited to a particular area. [PL 2001, c. 124, §1 (NEW).]
[PL 2001, c. 124, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1997, c. 707, §3 (AMD). PL 2001, c. 124, §1 (RPR).