65-407-840 Me. Code R. § 1

Current through 2024-40, October 2, 2024
Section 407-840-1 - DEFINITIONS
A.Adjudicatory Proceeding. "Adjudicatory Proceeding" means any proceeding before the Commission in which the legal rights, duties or privileges of a specific person or persons are required by constitutional law or statute to be determined after an opportunity for hearing.
B.Commission. "Commission" means the Maine Public Utilities Commission.
C.Consumer-Owned Public Utility. "Consumer-owned public utility means any public utility wholly owned by its customers, any municipal or quasi-municipal district and any public utility department.
D.Environmental Justice. "Environmental Justice" means the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
E.Environmental Justice Populations. "Environmental Justice Populations" means geographically or demographically defined groups of people with median household income and employment below the statewide median household income and unemployment rate who have environmental justice concerns. "Environmental Justice Populations" also include other similarly situated population groups as determined by the Commission in consultation with the Department of Environmental Protection.
F.Expert Witness Fees. "Expert witness fees" means any documented costs incurred by an intervenor for the services of an expert witness in preparing and delivering testimony on an issue meeting the criteria for eligibility in Section 2.
G.Funding. "Funding" means reimbursement by the utility or Commission of reasonable attorney's fees, expert witness fees, and other reasonable expenses incurred by the eligible intervenor or participant.
H.Intervenor. "Intervenor" means any person who is permitted to intervene in a Commission adjudicatory proceeding as provided for in Chapter 110 of the Commission's Rules.
I.Investor-Owned Public Utility. "Investor-owned public utility" means a public utility other than a consumer-owned public utility as defined in Section 1(C).
J.Other Reasonable Expenses. "Other reasonable expenses" means necessary out-of-pocket expenses incurred by the intervenor or participant that are directly attributable to the intervenor's or participant's preparation, advocacy, and participation in a Commission proceeding to the extent that such expenses are determined reasonable by the Commission. Any travel expenses authorized for funding will be reimbursed at governmental rates as required by statute.
K.Non-Adjudicatory Proceeding. "Non-adjudicatory Proceeding" means a rulemaking proceeding or any Commission proceeding that is not an adjudicatory proceeding.
L.Participant. Means a person that actively participates in a non-adjudicatory Commission proceeding.
M.Person. "Person" means an individual, partnership, corporation, governmental entity, association or public or private organization that has legal status.
N.Proceeding. "Proceeding" means any proceeding conducted by the Commission under the authority of Title 35-A of the Maine Revised Statutes.
O.Reasonable Attorney's Fees. "Reasonable attorney's fees" means the number of hours reasonably expended by the intervenor's or participant's attorney multiplied by a reasonable hourly rate, taking into account prevailing market rates including whether the rates are comparable to those in the community for attorneys of comparable skill, experience and reputation.
P.Rulemaking Proceeding. "Rulemaking Proceeding" means a proceeding conducted pursuant to Maine's Administrative Procedures Act, Title 5, Chapter 375.
Q.Substantial Financial Hardship. "Substantial Financial Hardship" means that the cost to the intervenor of the intervention, including the cost of foregone opportunities, when compared to the intervenor's available resources impairs the functioning of or constitutes a real hardship on the intervenor as determined by the Commission.

65-407 C.M.R. ch. 840, § 1