65- 407 C.M.R. ch. 840, § 1

Current through 2024-25, June 19, 2024
Section 407-840-1 - DEFINITIONS
A.Award of Compensation. "Award of compensation" means reimbursement by the utility or Commission of all reasonable attorney's fees, expert witness fees, and other reasonable costs incurred by the eligible intervenor in the preparation and advocacy of a position relating to an issue in a Commission proceeding or judicial review in a PURPA proceeding, as determined by the Commission in accordance with this Rule.
B.Commission. "Commission" means the Maine Public Utilities Commission.
C.Commission Proceeding. "Commission proceeding" means any proceeding conducted by the Commission under the authority of Title 35-A of the Maine Revised Statutes Annotated (M.R.S.A.) that relates, in whole or in part, to a PURPA or non-PURPA issue.
D.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.
E.Intervenor. "Intervenor" means any person who is permitted to intervene in a Commission proceeding as provided for in Chapter 110 § 8 of the Commission's Rules.
F.Intervenor Funding. "Intervenor funding" has the same meaning as award of compensation.
G.Non-PURPA Issue. "Non-PURPA issue" means any issue not relating to the implementation of a PURPA standard.
H.Other Reasonable Expenses. "Other reasonable expenses" means necessary out-of-pocket expenses incurred by the intervenor that are directly attributable to the intervenor's preparation, advocacy, and participation in a Commission proceeding, or judicial review of a PURPA proceeding, to the extent that such expenses are determined reasonable by the Commission.
I.PURPA. "PURPA" means the Public Utilities Regulatory Policies Act of 1978, 16 U.S.C. §2601et seq.
J.PURPA Proceeding. "PURPA proceeding" means any proceeding involving an electric utility in which the Commission either adopts a PURPA standard or directs the utility to take a definite action to carry out a PURPA standard.
K.PURPA Standard. "PURPA Standard" means any of the standards set forth in 16 U.S.C. §§2621(d)(1) -(19), 2623(b)(1)-(5), and 2624, as follows:
1 Ratemaking standards as established in 16 U.S.C. §2621(d) of PURPA:
(a) Cost of service, 16 U.S.C. §2621(d)(1)
(b) Declining block rates, 16 U.S.C. §2621(d)(2)
(c) Time of day rates, 16 U.S.C. §2621(d)(3)
(d) Seasonal rates, 16 U.S.C. §2621(d)(4)
(e) Interruptible rates, 16 U.S.C. §2621(d)(5)
(f) Load management techniques, 16 U.S.C. §2621(d)(6)
(g) Integrated resource planning, 16 U.S.C. §2621(d)(7)
(h) Investments in conservation and demand management, 16 U.S.C. §2621(d)(8)
(i) Energy efficiency investments in power generation and supply, 16 U.S.C. §2621(d)(9)
(j) Consideration of the effects of wholesale power purchases on utility cost of capital; effects of leveraged capital structures on the reliability of wholesale power sellers; and assurance of adequate fuel supplies, 16 U.S.C. §2621(d)(10).
(k) Net metering, 16 U.S.C. §2621(d)(11).
(l) Fuel sources, 16 U.S.C. §2621(d)(12).
(m) Fossil fuel generation efficiency, 16 U.S.C. §2621(d)(13).
(n) Time-based metering and communications, 16 U.S.C. §2621(d)(14).
(o) Interconnection, 16 U.S.C. §2621(d)(15).
(p) Integrated resource planning, 16 U.S.C. §2621(d)(16).
(q) Rate design modifications to promote energy efficiency investments, 16 U.S.C. §2621(d)(17).
(r) Consideration of smart grid investments, 16 U.S.C. §2621(d)(18).
(s) Smart grid information, 16 U.S.C. §2621(d)(19).
2 Other PURPA standards as established in 16 U.S.C. §2623(b) of PURPA:
(a) Master metering, 16 U.S.C. §2623(b)(1)
(b) Automatic adjustments clauses, 16 U.S.C. §2623(b)(2)
(c) Information to consumers, 16 U.S.C. §2623(b)(3)
(d) Procedures for termination of electric service, 16 U.S.C.§2623(b)(4)
(e) Advertising, 16 U.S.C. §2623(b)(5).
3 Lifeline rates as established in 16 U.S.C. §2624.
L.Reasonable Attorney's Fees. "Reasonable attorney's fees" means the number of hours reasonably expended by the intervenor'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.
M.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.

65- 407 C.M.R. ch. 840, § 1