65- 407 C.M.R. ch. 820, § 2

Current through 2024-25, June 19, 2024

Section 407-820-2 - DEFINITIONS

A. Aggregate Customer Information (ACI). "Aggregate customer information" is information about a population of utility customers that does not identify any individual customer and is available to a utility solely by virtue of the utility-customer relationship.

B. Capitalization. "Capitalization" means the sum of the utility's debt and equity.

C. Core Utility Service. "Core utility service" means the generation, transmission or distribution of electricity or gas, services necessary to perform those functions, services for which the utility is the provider of last resort or services the Commission requires the utility to provide, except that any service that a utility provides outside its service territory is not a core service.

D. Customer Specific Information (CSI). "Customer specific information" is information that describes the usage, technical configuration or type of utility service subscribed to by a particular customer of a public utility and is available to the utility solely by virtue of the utility-customer relationship.

E.De minimis Service. "De minimis service" is a service for which the investment does not exceed 0.1% of the utility's capitalization and total gross revenues received from providing that service do not exceed 0.1% of the utility's annual gross revenues. If the total revenues received from providing all de minimis services exceeds 2% of the utility's gross annual revenues, or if the utility's total investment for all de minimis services exceeds 2% of the utility's capitalization, the utility shall report that fact and the associated details to the Commission, which may, at its discretion, investigate and dispose of the matter as appropriate, including a determination that one or more of the services is no longer de minimis. If the utility continues a service thus determined not to be de minimis, it must be established as a non-core service consistent with the appropriate sections of this rule. Notwithstanding the preceding sentence, the utility may, at any time, provide de minimis services up to the above-stated individual and aggregate limits.

F. Good Will. "Good will" is a benefit or advantage to the utility of having an established reputation and established customer relationships, and includes the use of the name and reputation of the utility. The use of the good will of the utility by an affiliate is conclusively established where 1) the affiliate uses the name of the utility; or 2) the affiliate engages in joint marketing or joint advertising with the utility.

G. Intangibles. "Intangibles" are assets or property that have no material existence, and include (without limitation) company name, customer relationships, reputation, good will, rights of way, copyrights, patent rights, trade secrets, trademarks, trade names, royalty interests, licenses, franchises, leases, and mortgages.

H. Investment Grade Bond Rating. "Investment grade bond rating" is a rating for senior secured debt of above BB+ for Standard and Poor's, Duff and Phelps Credit Rating Company or Fitch Investors Service or above Ba1 for Moody's Investor Service. If a utility is not publicly rated, investment grade bond rating may be determined by a private letter rating.

I. Local Exchange Carrier. A "local exchange carrier" (LEC) is a telephone utility, as defined by 35-A M.R.S.A. §102(19), that provides telephone exchange service or interexchange access service within a telephone exchange or interexchange access service within a telephone exchange pursuant to authority granted by or under Private and Special Law of the State of Maine; or Public Law 1895, ch. 103, §103 or subsequent codifications or 35-A §2102; LECs include incumbent local exchange carriers and competitive local exchange carriers, and local resellers, all as defined in Chapter 280 of the Commission's Rules. A local exchange carrier does not include a provider of commercial mobile radio service.

J. Mutual Aid Service. "Mutual aid service" means service that meets the definition of core service when provided within a utility's own service territory but that is provided temporarily outside the utility's service territory for the sole purpose of assisting another utility in meeting its service obligations.

K. Non-Core Service. "Non-core service" is any service provided by an electric or gas utility, or any affiliate of an electric or gas utility, that does not meet the definition of core utility service, de minimis service or mutual aid service.

L. Service Territory. "Service territory" means the geographic area in which the utility has been authorized to serve, as of the effective date of this rule, by:

(1) an order issued by the Commission pursuant to 35-A M.R.S.A. §2102(1) or § 2104;

(2) private and special law preserved by 35-A M.R.S.A. §2102(2); or otherwise authorized by law.

65- 407 C.M.R. ch. 820, § 2