65- 407 C.M.R. ch. 307, § 2

Current through 2024-25, June 19, 2024

Section 407-307-2 - APPLICABILITY OF CHAPTER

A. Utilities Subject to this Chapter

Prior to March 1, 2000, this Chapter shall apply to all investor-owned electric utilities. On and after March 1, 2000, this Chapter shall apply to investor-owned transmission and distribution utilities.

B. Capacity and Energy Subject to this Chapter

Except as noted in Section 2(C), Sections 3 through 9 and 11 of this Chapter apply to all interests held by a utility in electric capacity and energy from any generation assets and generation-related business activities, including purchased power contracts, that are not divested pursuant to 35-A M.R.S.A. §3204(1), including:

1. Any contract with a qualifying facility, or any contract with a party other than a qualifying facility or affiliated interest entered into solely for the purpose of restructuring a contract with a qualifying facility;

2. Ownership interest in a nuclear power plant;

3. Ownership interest in a facility located outside the United States; and

4. Ownership interest or entitlement in a generation asset or generation-related business activity for which the Commission has granted an extension, pursuant to §3204(3) and section 10 of this Chapter, that allows a utility to divest after March 1, 2000.

C. Exception

Sections 3 through 9 of this Chapter shall not apply to any capacity or energy for generation assets and generation business, as described in section 2(B) of this Chapter that a utility has sold pursuant to a long term power sales agreement entered into prior to July 1, 1998.

D. Extension of Divestiture

Section 10 of this Chapter applies to an application by a utility to the Commission for an extension to allow it to divest one or more generation assets or generation-related business activities after March 1, 2000.

65- 407 C.M.R. ch. 307, § 2