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Page 1 - 132LR1576(04)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
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S.P. 386 - L.D. 897
An Act Regarding the Nonwires Alternative Process and Required Negative
Pricing Provisions in Contracts for Energy Resulting from Competitive
Solicitations Conducted by the Public Utilities Commission
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §3132-B, sub-§1, as enacted by PL 2019, c. 298, §13, is
amended to read:
1. Planning study. Each investor-owned transmission and distribution utility in this
State shall annually complete and submit to the commission and to the Office of the Public
Advocate, for review by the nonwires alternative coordinator, a planning study for small
transmission projects and distribution projects. In completing the planning study, an
investor-owned transmission and distribution utility shall develop and use system planning
models. The study must:
A. Analyze system needs for the next 5 years and provide a schedule of proposed
projects and associated costs;
B. Describe system capacity and load by substation and circuit; and
C. Identify corresponding planned and anticipated growth-related investments.
After review of a planning study submitted under this subsection, the nonwires alternative
coordinator may provide comments or recommendations, which may include
recommendations to achieve the policy goals established in section 3143. An investor-
owned transmission and distribution utility may, at its discretion, incorporate
recommendations on a planning study made by the nonwires alternative coordinator.
Failure to incorporate recommendations made by the nonwires alternative coordinator may
not result in a presumption of imprudence.
Sec. 2. 35-A MRSA §3132-C, sub-§4, as enacted by PL 2019, c. 298, §14, is
amended to read:
4. Recommendations. On the basis of the investigation under subsection 1, the
nonwires alternative coordinator shall develop and provide to the commission or to an
investor-owned transmission and distribution utility, as appropriate, recommendations
APPROVED
APRIL 13, 2026
BY GOVERNOR
CHAPTER
681
PUBLIC LAW
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regarding cost-effective nonwires alternatives to the wires project, including a proposed
plan for procurement of the recommended nonwires alternatives. The proposed
procurement plan must be that identifies components that are behind the meter or on the
grid side of the meter and is consistent with the provisions of section 3132‑D.
Sec. 3. 35-A MRSA §3132-C, sub-§5 is enacted to read:
5. Rules. The commission may adopt rules to implement this section. Rules adopted
pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375,
subchapter 2-A.
Sec. 4. 35-A MRSA §3149, first ¶, as enacted by PL 2025, c. 392, §1, is amended
to read:
The commission may not approve a contract for energy resulting from a competitive
solicitation conducted by the commission under this Title unless the contract includes a
provision that requires the reduction of payments to the bidder under the contract by the
stranded costs arising from energy produced absolute value of the applicable negative price
multiplied by the energy produced and delivered under the contract during negative price
intervals. The commission may grant an exception from the inclusion of such a negative
price provision if the bidder demonstrates good cause for the exception and the commission
finds that the contract is cost-effective, includes other price protections for ratepayers and
will avoid to the maximum extent possible the curtailment of existing renewable resource
generators.