| | | 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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