65- 407 C.M.R. ch. 691, § 4

Current through 2024-25, June 19, 2024
Section 407-691-4 - Providing customers with information regarding the sale and mechanism for obtaining PUC review
A. Meeting. Upon the successful completion of negotiations of a sale, the utility shall hold a meeting, the purpose of which is to inform the customers of the price, terms, and conditions of the proposed sale. The meeting shall occur at least 60 days prior to the proposed date of sale or transfer while allowing for ample notice to customers as provided in 4(B) below.
B. Notice of the meeting. Notice of the meeting shall be made by both of the following methods:
(i) By mail. The notice shall be made individually to each customer by regular mail at least 14 days before the meeting.
(ii) By publication. The utility shall provide newspaper notice of the meeting in a newspaper of general circulation in the area served by the utility.
(iii) The utility shall provide written notice to any other water utility that has charter rights to the surface water supply directly associated with the water resource land being sold.
C. Content of the notice. Both notices of the meeting shall include the time, date, and purpose of the meeting as well as:
(i) A general description of the water resource land that is proposed to be sold.
(ii) An explanation of the purpose of the meeting, which is to provide the customers with the opportunity to obtain information regarding the proposed sale.
(iii) Citation to 35-A M.R.S.A. §6109 and this rule, and a brief description of the statute.
D. Method. At the meeting, the utility shall present an explanation of the sale including a description of the water resource land proposed to be sold, why the utility no longer needs the land to provide utility service, the identity of the buyer and the proposed new use of the land, if known, and a description of the price, terms, and conditions that have been negotiated.

The utility shall permit anyone at the meeting to ask questions about the proposed sale and to express their approval or disapproval of the proposed sale. The utility shall also inform those present of their right to file a complaint with the Commission pursuant to section 4(E) of this rule.

E. Customers may file complaint. If, within 30 days of the meeting, 15% of the customers of the utility or 1,000 customers, whichever is less, file with the utility and with the Commission petitions demanding a review of the utility's decision to proceed with the sale, the Commission shall have the authority to suspend, investigate, and review the decision of the utility with respect to the proposed sale. The complaint alleged in the petition shall be processed by the Commission according to the procedure described in Chapter 110, §1101 of the Commission's rules.

65- 407 C.M.R. ch. 691, § 4