| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 35-A MRSA §3203, sub-§2, as amended by PL 1999, c. 398, Pt. J, | §§1 and 2, is further amended to read: |
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| | 2. Requirements. A competitive electricity provider may not | undertake the sale of electricity at retail in this State without | first receiving a license from the commission. Before approving | a license application, the commission must receive from the | applicant: |
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| A. Evidence of financial capability sufficient to refund | deposits to retail customers in the case of bankruptcy or | nonperformance or for any other reason; |
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| B. Evidence of the ability to enter into binding | interconnection arrangements with transmission and | distribution utilities; |
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| C. Disclosure of all pending legal actions and customer | complaints filed against the competitive electricity | provider at a regulatory body other than the commission in | the 12 months prior to the date of license application; |
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| D. Evidence of the ability to satisfy the renewable | resource portfolio requirement established under section | 3210; |
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| E. Disclosure of the names and corporate addresses of all | affiliates of the applicant; and |
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| F. Evidence that the applicant is registered with the State | Tax Assessor as a seller of tangible personal property | pursuant to Title 36, section 1754-B, together with a | statement that the applicant agrees to be responsible for | the collection and remission of taxes in accordance with | Title 36, Part 3 on all taxable sales of electricity made by | the applicant to consumers located in this State. |
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| The commission shall consider the need for requiring and, if it | determines there is a need, may require a competitive electricity | provider to file a bond with the commission as evidence of | financial ability to withstand market disturbances or other | events that may increase the cost of providing service or to | provide for uninterrupted service to its customers if a | competitive electricity provider stops service. In determining | the size of any such bond, the commission shall balance the need | to develop a competitive retail electric market with any other | factors and the extent to which large bonds may constitute a | barrier to entry.__The commission may not require a bond larger |
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