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An Act To Establish Requirements for the Construction of Elective Transmission Lines by Transmission and Distribution Utilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3131, sub-§1-B  is enacted to read:
 
1-B.  Elective transmission line.     "Elective transmission line" means a transmission line that is:
 
A.  Not constructed primarily to provide electric reliability within the State, as determined by the commission; and
 
B.  Not constructed primarily to provide electricity to retail customers within the State.
Sec. 2. 35-A MRSA §3131, sub-§4-A, as enacted by PL 2009, c. 655, Pt. A, §3, is repealed.
Sec. 3. 35-A MRSA §3132, sub-§6-A, as enacted by PL 2009, c. 655, Pt. A, §5, is repealed.
Sec. 4.  35-A MRSA §3132, sub-§6-C  is enacted to read:
 
6-C.  Elective transmission line; certificate of public convenience and necessity.     The commission shall evaluate and render a decision on any petition for a certificate of public convenience and necessity made by a transmission and distribution utility for an elective transmission line in accordance with this subsection. The commission may issue a certificate only if the petitioner has demonstrated:
 
A.  That the petitioner provided equal access to rights-of-way and data and information about the petitioner's transmission system to any person seeking to compete with the petitioner to construct the elective transmission line; and
 
B.  That the proposed elective transmission line:
 
(1) Will not use ratepayer-funded assets; or
 
(2) Will use ratepayer-funded assets and:
 
(a) The petitioner made these assets available on equal terms to any person seeking to compete with the petitioner to construct the elective transmission line; and
 
(b) The petitioner agrees to provide a benefit to ratepayers in the State of equal value to the ratepayer-funded assets used to construct the elective transmission line. The commission shall by order establish the value of ratepayer-funded assets used to construct the elective transmission line and the benefit amount and method of delivery with preference to a reduction in electricity rates.
 
The commission shall adopt rules necessary to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
 
SUMMARY
This bill establishes requirements for the approval of construction of elective transmission lines when the party seeking approval from the Public Utilities Commission is a transmission and distribution utility. The bill defines "elective transmission line" as a transmission line that is not being constructed primarily for reliability purposes or to serve retail customers in the State. In addition to meeting the existing requirements in law for approval of a transmission line, a transmission and distribution utility petitioning for commission approval for an elective transmission line is required to demonstrate:
1. That the petitioner provided equal access to rights-of-way and data and information about the petitioner's transmission system to any person seeking to compete with the petitioner to construct the transmission line; and
2. That the proposed elective transmission line either will not use ratepayer-funded assets or will use ratepayer-funded assets and the petitioner made these assets available on equal terms to any person seeking to compete with the petitioner to construct the transmission line and agrees to provide a benefit to ratepayers in the State of equal value, as determined by the commission, to the ratepayer-funded assets used to construct the transmission line.