§ 35-A §3209-B — Commercial and institutional net energy billing

Maine § 35-A §3209-B

• Jurisdiction: Maine
• Title 35-A: PUBLIC UTILITIES
• Part 3: ELECTRIC POWER
• Ch. 32: ELECTRIC INDUSTRY RESTRUCTURING

Text

The commission shall establish by rule, in accordance with this section, a net energy billing program for commercial and institutional customers of investor‑owned utilities.
1.
Definitions.
As used in this section, the following terms have the following meanings.
2.
Financial interest.
The program must allow a commercial or institutional customer to participate in the program if the customer has a financial interest in a distributed generation resource, including facility ownership, a lease agreement or a power purchase agreement.
3.
System size.
The nameplate capacity of a distributed generation resource that may be used for net energy billing under this section must be less than 5 megawatts.
4.
Shared financial interest; limitation.
Multiple commercial or institutional customers that have distinct billing accounts with an investor‑owned transmission and distribution utility may share a financial interest in a distributed generation resource under subsection 2. Any number of commercial or institutional customers may participate in net energy billing with a shared interest in a distributed generation resource, except that the number of customers or meters is limited to 10 for a shared interest in a distributed generation resource located in the service territory of an investor‑owned transmission and distribution utility located in an area administered by the independent system administrator for northern Maine or any successor of the independent system administrator for northern Maine unless the commission determines that the utility's billing system can accommodate more than 10 accounts or meters for the purpose of net energy billing.
5.
Tariff rate; bill credits.
The commission shall establish by rule tariff rates for customers participating in the program.
6.
Rules.
The commission shall adopt rules to implement this section. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
7.
Applicability.
The applicability of this section is limited by the requirements of section 3209‑A, subsections 7, 9 and 10.
8.
Limitation.
After December 31, 2023, a distributed generation resource may be used for net energy billing under this section only if the distributed generation resource is collocated with all of the distributed generation resource's net energy billing customers and those customers are subscribed to 100% of the facility's output under this section. This limitation does not apply to a distributed generation resource with a net energy billing agreement that was executed on or before December 31, 2023. An amendment, revision or reissuance of an agreement under this subsection that occurs after December 31, 2023 may not be interpreted to affect the date on which the agreement was initially executed.
9.
Distributed energy resource program.
Notwithstanding any provision of this section to the contrary, after December 31, 2025, the commission may not allow a transmission and distribution utility to enter into a net energy billing agreement with a distributed generation resource that is interconnected or planned to be interconnected to the distribution grid on the utility side of a customer's utility meter.

Legislative History

PL 2019, c. 478, Pt. A, §4 (NEW). RR 2019, c. 1, Pt. A, §51 (COR). PL 2021, c. 390, §2 (AMD). PL 2021, c. 659, §19 (AMD). PL 2023, c. 411, §§3, 4 (AMD). PL 2025, c. 430, §§4-6 (AMD).