Statutes, codes, and regulations
Maine Administrative Code
Department 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSIONDivision 407 - PUBLIC UTILITIES COMMISSION
Chapter 304 - STANDARDS OF CONDUCT FOR TRANSMISSION AND DISTRIBUTION UTILITIES AND AFFILIATED COMPETITIVE ELECTRICITY PROVIDERS
Section 407-304-4 - MARKET SHARE LIMITATIONS

65- 407 C.M.R. ch. 304, § 4

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Current through 2024-46, November 13, 2024
Section 407-304-4 - MARKET SHARE LIMITATIONS

No competitive electricity provider affiliated with a large investor-owned distribution utility may sell or contract to sell more than 33% of the total kilowatt-hours sold at retail within its affiliated distribution utility's service territory over a calendar year. Any standard offer service provided within the distribution utility's service territory by an affiliated competitive provider under Chapter 302 is included within the 33% limitation. No competitive electricity provider affiliated with a large investor-owned distribution utility may bid to provide more than 20% of the total standard-offer service kilowatt-hours in its affiliated distribution utility's service territory.

If a distribution utility has more than one affiliated competitive provider, all limits and sanctions will be determined based on the total kilowatt-hours sold, contracted for sale or bid for sale, respectively, by all of its affiliated competitive providers in the aggregate.

A. Reports. By May 1st of each year, each affiliated competitive provider shall report to the Commission:
1 The total kilowatt-hours it sold at retail between January 1 and December 31 of the previous year within its affiliated distribution utility's service territory; and,
2 The total kilowatt-hours it contracted to sell at retail between January 1 and December 31 of the previous year within its affiliated distribution utility's service territory.

By May 1st of each year, each distribution utility shall report to the Commission the total kilowatt-hours sold at retail between January 1 and December 31 of the previous year within its service territory.

B. Sanctions. A competitive provider affiliated with a large investor-owned distribution utility that sells or contracts to sell more than 33% of the total kilowatt-hours sold at retail in its affiliated distribution utility's service territory or bids to sell more than 20% of the standard-offer kilowatt-hours in its affiliated distribution utility's service territory is subject to the sanctions provided in Section 7.

65- 407 C.M.R. ch. 304, § 4