An Act To Clarify the Authority of an Affiliate of a Utility To Own Power Generation outside of the Utility's Territory
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §3204, sub-§11 is enacted to read:
11. Affiliated generation outside service territory permitted. Notwithstanding any other provision of this chapter, an affiliate of an investor-owned transmission and distribution utility may own generation or generation-related assets unless:
A. The generation or generation-related assets are interconnected to the transmission or distribution facilities that are owned or operated by the investor-owned transmission and distribution utility; or
B. The affiliate is a wholly owned or partially owned subsidiary of the investor-owned transmission and distribution utility.
For purposes of this subsection, "affiliate" means a person who has any ownership interest in, or is a subsidiary of a person who has any ownership interest in, the investor-owned transmission and distribution utility.
SUMMARY
This bill authorizes an affiliate of an investor-owned transmission and distribution utility to own generation or generation-related assets unless the assets are interconnected to the transmission or distribution facilities that are owned or operated by the utility or the affiliate is a wholly owned or partially owned subsidiary of the utility.