Section 407-312-9 - CONSUMER PROTECTIONA.Applicability. This section applies to shared distribution generation projects. A project sponsor shall comply with the consumer protection provisions of this Chapter and all applicable provisions of Maine law. For purposes of this Chapter, the obligations and requirements of a project sponsor in this regard shall also apply to representatives or agents that act on behalf of a project sponsor. Project sponsors are responsible for violations of the provisions of this section by representatives or agents acting on their behalf.B.Trade Practices. Individuals or entities subject to this section must comply with the provisions of the Maine Unfair Trade Practices Act, Title 5, chapter 10 and related consumer protection statutes. Any finding by an entity of competent jurisdiction that any such individual or entity violated either the Maine or Federal Unfair Trade Practices Act is deemed to be a violation of this subsection.C.Registration. Individuals or entities subject to this section shall register with the Commission. The Commission shall adopt standard registration forms and specific filing requirements and delegates this task to the Director of Electric and Gas Industries.D.Financial Security. The Commission may establish a financial security requirement for individuals or entities subject to this section. Any such financial security shall be held by the transmission and distribution utility in whose service territory the project is located. Upon a finding that an individual or entity has violated provisions of this section, the Commission may direct that amounts from the financial security be distributed to (1) subscribers for a refund of security deposits or advanced payments; (2) to subscribers for restitution of amounts paid in error or charges assessed in violation of this Chapter; and (3) to the Commission for payment of administrative penalties or any other sanction pursuant to this Chapter or applicable statutes. Prior to establishing financial security requirements pursuant to this provision, the Commission will provide an opportunity for interested persons to comment on whether a financial security requirement should be established, the amount of any such financial security requirement, and the type of security that should be allowed.E.Standard Disclosures. Prior to the sale or resale of a subscription in a shared distributed generation resource, a project sponsor must provide a disclosure that, at a minimum, contains the following:1. A good faith estimate of the annual kilowatt-hours to be received from the shared distributed generation resource based on the size of and expected output from the resource and a subscriber's subscription;2. A plain language explanation of how a subscriber's bill credit will be calculated and applied;3. A plain language explanation of requirements relating to the disposition or transfer of a subscription; and 4. A plain language explanation of the costs and benefits to a potential subscriber, based on the subscriber's current electricity usage, for the term of the proposed subscription agreement. The Commission shall adopt by order standard disclosure forms to be used by a project sponsor when marketing subscriptions to customers. The Commission may approve modifications to the standard disclosure forms. The Commission delegates to the Director of Electric and Gas Industries the authority to adopt standard disclosure forms and modifications to the standard disclosure forms.
F.Sanctions. Individuals or entities that violate the provisions of this section are subject to sanctions. Sanctions may be imposed following a hearing before the Commission in conformance with Title 5 M.R.S., Chapter 375, subchapter IV (Maine Administrative Procedure Act) and Chapter 110 of the Commission's rules. 1.Participation in Distributed Generation Procurement. The Commission may prohibit individuals or entities subject to this section from participating in any distributed generation procurements under this Chapter. 2.Cease and Desist Orders. The Commission may issue a cease and desist order if the Commission finds that any individual or entity subject to the requirements of this section has engaged or is engaging in any act or practice in violation of any law or rule administered or enforced by the Commission or any lawful order issued by the Commission. A cease and desist order is effective when issued unless the order specifies a later effective date or is stayed pursuant to Title 5, section 11004. 3.Restitution. The Commission may order restitution to be provided by an individual or entity to any party injured by a violation of this section.4.Administrative Penalties. The Commission may impose administrative penalties pursuant to Title 35-A, Chapter 15 that it determines appropriate taking into account the facts and circumstances related to the violation.5.Waiver. The Commission may waive the imposition of sanctions upon a showing that the violation was immaterial, unintentional, or that the individual or entity acted in good faith to comply with all applicable statutory and regulatory requirements.65- 407 C.M.R. ch. 312, § 9