| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 35-A MRSA c. 31, sub-c. 6-A is enacted to read: |
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| | | §3192.__Distributed generation |
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| | | 1.__Definitions.__As used in this subchapter, unless the | | context otherwise indicates, the following terms have the | | following meanings. |
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| | | A. "Distributed generator" means an electric generation | | facility: |
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| | | (1) Having a capacity of less than 5 megawatts; and |
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| | | (2) Whose output is primarily consumed by a local | | consumer. |
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| | | B. "Excess electricity" means electricity generated by a | | distributed generator that is not consumed by a local | | consumer. |
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| | | C. "Net energy billing" means a billing and metering | | practice under which a customer is billed in a manner that | | nets over any time period the kilowatt hours consumed by a | | customer and the kilowatt hours generated by the | | customer's generating facility as if the energy flow were | | measured by a single meter capable of registering the flow | | of electricity in 2 directions. |
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| | | D. "Local consumer" means the local consumer of | | electricity generated by a distributed generator located | | in proximity to the generator, as determined by the | | commission by rule. |
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| | | 2.__Regulation; sales to local consumer.__Except as provided | | in subsection 3, the transmission, distribution and sale of | | electricity from a distributed generator is subject to | | applicable provisions of this Title. |
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| | | 3. Regulation; retail sales of excess electricity.__ | | Notwithstanding any other provision of this Title, the retail | | sale of the excess electricity of a distributed generator in | | accordance with rules adopted by the commission pursuant to | | this subsection is not a sale to the public and does not cause | | the seller or transmitter of that electricity to be subject to |
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