Maine § 35-A §3210-C Capacity resource adequacy

Maine Statutes

§ 35-A §3210-C — Capacity resource adequacy

Maine § 35-A §3210-C

Title 35-APUBLIC UTILITIES

Part 3ELECTRIC POWER

Ch. 32ELECTRIC INDUSTRY RESTRUCTURING

This text of Maine § 35-A §3210-C (Capacity resource adequacy) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 35-A, § 35-A §3210-C (2026).

Text

1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

2.Policy. It is the policy of this State:

3.Commission authority. The commission may direct investor-owned transmission and distribution utilities to enter into long-term contracts for: 3-A. Regional coordination. If the commission determines that the likely benefits to ratepayers in the State will exceed the likely costs, the commission may coordinate with one or more states to procure, through long-term contracts or other mechanisms, transmission capacity, capacity resources, renewable energy credits or clean energy credits.

4.Priority of capacity resources. In selecting capacity resources for contracting pursuant to subsection 3, the commission shall apply

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1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Policy.
It is the policy of this State:
3.
Commission authority.
The commission may direct investor-owned transmission and distribution utilities to enter into long-term contracts for:
3-A.
Regional coordination.
If the commission determines that the likely benefits to ratepayers in the State will exceed the likely costs, the commission may coordinate with one or more states to procure, through long-term contracts or other mechanisms, transmission capacity, capacity resources, renewable energy credits or clean energy credits.
4.
Priority of capacity resources.
In selecting capacity resources for contracting pursuant to subsection 3, the commission shall apply the following standards.
5.
Contract term.
A contract entered into pursuant to subsection 3 may not be for more than 10 years, unless the commission finds a contract for a longer term to be prudent.
6.
Competitive solicitation process and contract negotiation.
Except as provided in paragraph A, for purposes of selecting potential capacity resources for contracting pursuant to subsection 3, the commission may, after consultation with the Commissioner of Energy Resources, conduct a competitive solicitation no less often than every 3 years if the commission determines that the likely benefits to ratepayers resulting from any contracts entered into as a result of the solicitation process will exceed the likely costs. Following review of bids, the commission shall approve a contract or contracts between one or more transmission and distribution utilities and the bidder of any proposal selected by the commission in accordance with this section. When only one bid has been offered, the commission shall ensure that negotiations are based on full project cost disclosure by the potential supplier.
7.
Disposition of resources.
An investor-owned transmission and distribution utility shall sell capacity resources, energy, renewable energy credits or clean energy credits purchased pursuant to subsection 3 or 3‑A or take other action relative to such capacity resources, energy, renewable energy credits or clean energy credits as directed by the commission.
8.
Cost recovery.
The commission shall ensure that all costs and direct financial benefits associated with contracts entered into under this section are allocated to ratepayers in accordance with section 3210‑F. A price differential existing at any time during the term of the contract between the contract price and the prevailing market price at which the capacity resource is sold or any gains or losses derived from contracts for differences must be reflected in the amounts charged to ratepayers and may not be considered imprudent.
9.
Contract payments.
Except as provided in paragraphs A and B, contracts for capacity resources, related energy, renewable energy credits or clean energy credits entered into pursuant to this section must provide that payments will be made only after contracted amounts of capacity resources, related energy or renewable energy credits have been provided.
10.
Rules.
The commission shall adopt rules to implement this section. In adopting rules, the commission shall consider the financial implications of this section for investor-owned transmission and distribution utilities. Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
11.
Customer benefits.
The commission may direct investor-owned transmission and distribution utilities to enter into contracts under this section only as agents for their customers and only when such contracts are in the best interest of customers and in accordance with this subsection. The commission shall adopt rules to ensure that:
12.
Triennial plan energy efficiency contracts.

Legislative History

PL 2005, c. 677, §C1 (NEW). PL 2007, c. 293, §§1-4 (AMD). PL 2007, c. 575, §§2-5 (AMD). PL 2007, c. 656, Pt. B, §§1-5 (AMD). PL 2009, c. 415, Pt. A, §§21-23 (AMD). PL 2009, c. 518, §§1-6 (AMD). PL 2009, c. 542, §6 (AMD). PL 2011, c. 273, §§1, 2 (AMD). PL 2011, c. 273, §3 (AFF). PL 2011, c. 413, §§2, 3 (AMD). PL 2013, c. 369, Pt. A, §2 (AMD). PL 2013, c. 424, Pt. A, §20 (AMD). PL 2013, c. 454, §1 (AMD). PL 2017, c. 134, §§1, 2 (AMD). PL 2019, c. 476, §2 (AMD). PL 2023, c. 77, §7 (AMD). PL 2023, c. 516, Pt. B, §49 (AMD). PL 2025, c. 386, §§13-21 (AMD). PL 2025, c. 476, Pt. A, §10 (AMD).