Maine Revised Statutes Title 35-A Sec. 3306 – Transactions
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1. Rate. The small power producer or cogenerator and the transmission and distribution utility shall determine the rate paid by the transmission and distribution utility for the purchase of electricity as described in this section.
[PL 1999, c. 398, Pt. A, §80 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 3306
- Cogenerator: means a municipality or person:
A. See Maine Revised Statutes Title 35-A Sec. 3303Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102 Contract: A legal written agreement that becomes binding when signed. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Municipal solid waste: means solid waste emanating from domestic and commercial sources within the State over which municipalities are authorized to exercise control. See Maine Revised Statutes Title 35-A Sec. 3303 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 Small power producer: means a municipality or person owning or operating a power production facility with a power production capacity that, together with any other facilities located at the same site, does not exceed 80 megawatts of electricity and that depends upon renewable resources for its primary source of energy. See Maine Revised Statutes Title 35-A Sec. 3303 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. Small power producer or cogenerator and public utility unable to agree. In the event that the small power producer or cogenerator and the transmission and distribution utility are unable to agree to a contract for electricity, or to a price for the electricity purchased by the utility, or to an equitable apportionment of existing transmission and distribution line improvement costs, the commission shall require the utility to purchase the power at such rates and under such terms as the commission establishes by rule or order.
[PL 1999, c. 398, Pt. A, §80 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
3. Competing petitions filed by small power producers. In the event competing petitions are filed by small power producers or cogenerators that are otherwise equivalent with respect to the standards set forth in former section 3307, and implementing rules adopted by the commission, the commission may give preference to any facility that is fueled primarily by municipal solid waste.
[PL 1999, c. 398, Pt. A, §80 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
4. Apportionment of transmission and distribution line improvement costs. The commission shall base the equitable apportionment of existing transmission and distribution line improvement costs upon the benefits to the small power producer or cogenerator and the transmission and distribution utility.
[PL 1999, c. 398, Pt. A, §80 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
5. Commission decision on petition. The commission shall issue a decision within 6 months from receipt of a petition signed by a small power producer, cogenerator or transmission and distribution utility for commission intercession.
[PL 1999, c. 398, Pt. A, §80 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
6. Filing fee. The petitioner or petitioners requesting commission intercession shall pay to the commission an amount equal to $1,600 per megawatt of capacity of the facility in issue. The petitioner or petitioners may request the commission to waive all or part of the filing fee. The commission shall rule on the request for waiver within 30 days. Filing fees paid as required in this subsection must be segregated, apportioned and expended by the commission for the purposes of this section. Any portion of the filing fee that is received from any petitioner or petitioners and is not expended by the commission to process the request for intercession must be returned to the petitioner or petitioners.
[PL 2021, c. 318, §13 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §A7 (AMD). PL 1999, c. 398, §A80 (AMD). PL 1999, c. 398, §§A104,105 (AFF). PL 2021, c. 318, §13 (AMD).