LD 1538
pg. 1
LD 1538 Title Page An Act to Promote Retail Electricity Competition Page 2 of 2
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LR 2182
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
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:

 
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:

 
A. Evidence of financial capability sufficient to refund
deposits to retail customers in the case of bankruptcy or
nonperformance or for any other reason;

 
B. Evidence of the ability to enter into binding
interconnection arrangements with transmission and
distribution utilities;

 
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;

 
D. Evidence of the ability to satisfy the renewable
resource portfolio requirement established under section
3210;

 
E. Disclosure of the names and corporate addresses of all
affiliates of the applicant; and

 
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.

 
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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