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An Act To Clarify the Authority of an Affiliate of a Utility To Own Power Generation outside of the Utility's Territory
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3204, sub-§11  is enacted to read:
 
11.  Affiliated generation outside service territory permitted.     Notwithstanding any other provision of this chapter, an affiliate of an investor-owned transmission and distribution utility may own generation or generation-related assets unless:
 
A.  The generation or generation-related assets are interconnected to the transmission or distribution facilities that are owned or operated by the investor-owned transmission and distribution utility; or
 
B.  The affiliate is a wholly owned or partially owned subsidiary of the investor-owned transmission and distribution utility.
 
For purposes of this subsection, "affiliate" means a person who has any ownership interest in, or is a subsidiary of a person who has any ownership interest in, the investor-owned transmission and distribution utility.
 
SUMMARY
This bill authorizes an affiliate of an investor-owned transmission and distribution utility to own generation or generation-related assets unless the assets are interconnected to the transmission or distribution facilities that are owned or operated by the utility or the affiliate is a wholly owned or partially owned subsidiary of the utility.