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Page 1 - 132LR0533(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 546 - L.D. 860
An Act to Allow the Public Advocate to Obtain Information from Public
Utilities, Competitive Electricity Providers and Standard-offer Service
Providers
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, there is an immediate need to determine whether competitive electricity
providers are disproportionately burdening low-income households in Maine with
unaffordable prices; and
Whereas, delay in the implementation of this legislation would cause significant harm
to Maine electricity ratepayers who are customers of competitive electricity providers; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §1702, sub-§1, as amended by PL 2021, c. 659, §13, is further
amended to read:
1. Review and recommendations. The Public Advocate may review, investigate and
make appropriate recommendations to the commission or the Legislature with respect to:
A. The reasonableness of rates charged or proposed to be charged by any public utility;
B. The reasonableness and adequacy of the service or the terms and conditions of such
service furnished or proposed to be furnished by any public utility , standard-offer
service provider or competitive electricity provider;
C. Any proposal by a public utility to reduce or abandon service to the public;
D. The issuance of certificates of public convenience and necessity. Recommendations
may include alternative analyses and plans as necessary;
E. Terms and conditions of public utilities;
APPROVED
MAY 29, 2025
BY GOVERNOR
CHAPTER
123
PUBLIC LAW
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F. Mergers and consolidations of public utilities;
G. Contracts of public utilities with affiliates or subsidiaries; and
H. Securities, regulations and transactions of public utilities.
Sec. 2. 35-A MRSA §1708, as enacted by PL 1987, c. 141, Pt. A, §6, is repealed
and the following enacted in its place:
§1708. Information from utilities, standard-offer service providers and competitive
electricity providers
1. Reports and filings. Utilities shall provide to the Public Advocate copies of all
reports and other information required to be filed with or that may be submitted to the
commission, except to the extent that this requirement is waived, in writing, by the Public
Advocate.
2. Commission order; information disclosure. The Public Advocate may petition
the commission for information or data from a public utility, standard-offer service
provider or competitive electricity provider that is necessary for the Public Advocate to
carry out the purposes of this chapter. The commission may, upon a showing of good
cause, order a public utility, standard-offer service provider or competitive electricity
provider to provide such information or data to the Public Advocate. To the extent that the
information or data would otherwise be confidential pursuant to this Title or rules adopted
pursuant to this Title, the Public Advocate or the utility, standard-offer service provider or
competitive electricity provider may request that the commission issue a protective order
pursuant to section 1311-A to protect such information or data from disclosure.
3. Data and information requests. In a proceeding before the commission, the Public
Advocate has the same right to request data or information as an intervenor.
Sec. 3. Office of the Public Advocate to conduct study; prepare report. The
Office of the Public Advocate, referred to in this section as "the office," shall conduct a
study and prepare a report regarding rates and business practices of standard-offer service
providers and competitive electricity providers. The study must take into account
differences in products and services offered by standard-offer service providers and
competitive electricity providers, including, but not limited to, value-added services, such
as behind-the-meter services that may reduce a customer's electricity demand, and varying
contract periods.
1. In conducting the study and preparing the report under this section, the office shall
consult with and solicit recommendations from interested parties, including at least 3
competitive electricity providers and one current or former provider of standard-offer
service to residential and small commercial customers, regarding the study methodology,
the office's analysis, any recommendations developed by the office and the report. The
office shall provide interested parties with the opportunity to review and provide comments
on at least one draft report prior to submitting the final report pursuant to subsection 2.
2. The office shall submit a final report by December 3, 2025 to the Joint Standing
Committee on Energy, Utilities and Technology. The final report must include all
comments and recommendations the office received from interested parties in an appendix
to the final report. After receiving the final report, the committee may report out legislation
relating to the final report to the Second Regular Session of the 132nd Legislature.
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Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.