65- 407 C.M.R. ch. 330, § 9
The Commission will make specific findings with regard to the need for the proposed transmission line in its order deciding whether to issue a certificate of public convenience and necessity in accordance with 35-A M.R.S.A. §3132(6). If the Commission finds a public need for the proposed transmission line exists, it shall issue a certificate of public convenience and necessity for the transmission line. If the Commission is evaluating a petition for a certificate of public convenience and necessity for a high-impact transmission line, it will do so in accordance with 35-A M.R.S.A. §3132(6-A).
The Commission establishes public need by determining that ratepayers will benefit by the proposed transmission line. Benefits are determined based upon the electrical need for the line, taking into account economics, reliability, public health and safety, scenic, historic and recreational values, state renewable energy goals, the proximity of the proposed transmission line to inhabited dwellings and alternatives to construction of the transmission line, including energy conservation, distributed generation or load management. The proposed transmission line must be reasonable compared to the other alternatives. Cost is an important consideration, but public need can be established for a proposed transmission line that is not the least cost alternative because aesthetic, environmental or other factors justify a reasonable cost increase.
The Commission may not issue a certificate of public convenience and necessity that has the effect of eliminating the independent system administrator for northern Maine or eliminating or materially modifying the scope of responsibilities of the independent system administrator for northern Maine unless the certificate is subject to a requirement for the full compensation for the net adverse effects on ratepayers. The determination of the net adverse effects must include, but is not limited to, known and measurable transmission cost effects. Compensation required by this section must be provided to affected ratepayers through a rebate, reduction in rates or other appropriate compensation mechanism benefiting affected ratepayers in the area of the State in which the retail electricity market is administered by the independent system administrator for northern Maine. Compensation required by this section must be calculated for and provided to affected ratepayers over a period not more than 10 years.
65- 407 C.M.R. ch. 330, § 9