LD 776
pg. 1
LD 776 Title Page An Act To Eliminate Potential Restrictions to the Establishment of an Alternati... LD 776 Title Page
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LR 1459
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 Maine Revised Statutes, Title 35-A, section 9104
contains provisions that might be read as a restriction that
allowed the Public Utilities Commission to establish an
alternative form of regulation only during a time period in
1995 and 1996 and that are otherwise obsolete; and

 
Whereas, the Public Utilities Commission and at least one
telephone utility are engaged in discussions that may lead to
the establishment of an alternative form of regulation for
that company; and

 
Whereas, if such discussions are fruitful, an alternative form
of regulation would be established prior to June of 2003; 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 §9104, as enacted by PL 1993, c. 638, §2, is
repealed.

 
Emergency clause. In view of the emergency cited in the
preamble, this Act takes effect when approved.

 
SUMMARY

 
This bill repeals a section of law that states that, if the
Public Utilities Commission concludes a proceeding
establishing an "alternative form of regulation" for a
telephone utility before certain dates in 1995 and 1996, the
alternative form of regulation would become effective
following the legislative sessions of those years, thereby
allowing an alternative form of regulation for telephone
utilities for which the commission has not yet established an
alternative form of regulation.


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