LD 306
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LD 306 Title Page An Act To Ensure Recovery of Extraordinary, Terrorism-related Security Costs fo... Page 2 of 2
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LR 1617
Item 1

 
Emergency preamble. Whereas, Acts of the Legislature do not become
effective until 90 days after adjournment unless enacted as
emergencies; and

 
Whereas, the World Trade Center and Pentagon terrorist attacks
of September 11, 2001 have demonstrated that terrorists have
the will and the ability to attack the United States, its
citizens and property; and

 
Whereas, several warnings have been issued to utilities
regarding the potential for a terrorist attack on utility
infrastructure; and

 
Whereas, Maine utilities have already initiated security
measures to protect critical infrastructures; and

 
Whereas, additional security measures may be required at any
time to respond to additional threats as they arise; and

 
Whereas, these events were not anticipated at the time that
some utilities entered into long-range rate plans; and

 
Whereas, utilities should be encouraged to invest in
appropriate security measures through assurances that prudent
expenditures will be reimbursed; and

 
Whereas, the Public Utilities Commission and federal and state
security and public safety agencies have required additional
security measures to protect critical infrastructure; and

 
Whereas, in the judgment of the Legislature, these facts
create an emergency within the meaning of the Constitution of
Maine and require the following legislation as immediately
necessary for the preservation of the public peace, health and
safety; now, therefore,

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

 
Sec. 1. 35-A MRSA §315 is enacted to read:

 
§315.__Recovery of cost of utility security

 
1.__Recovery of security costs.__A public utility may defer,
with carrying costs, all costs for security measures incurred
in response to the terrorist attacks of September 11, 2001 and
the continued threats to the security of utility
infrastructure.__In determining the rates of a public utility,
the commission shall adjust the charges to customers to
recover increases and to credit decreases in security costs.


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