A.
Notice to Customers and Public
Meeting
Prior to submitting to the Commission a petition for
exemption from regulatory requirements pursuant to this Chapter, a consumer
owned water utility must provide notice to all of its customers of the
utility's intent to file such a petition and must hold a public meeting, the
purpose of which is to inform the utility's customers of the proposed
exemption, the date upon which the utility will file its request with the
Commission, and how customers of the utility may submit comments regarding the
request to the Commission's case management system after the petition is
submitted. The meeting must occur at least 30 days prior to the filing of the
request with the Commission. The notice of intent to file a petition and the
notice of the public meeting may be contained in the same notice. The notice
(or notices, if provided separately) must include a plain-language description
of the proposed exemption including the justification and the potential
consequences of the exemption.
1.
Notice Requirements
The consumer-owned utility must provide notice of its intent
to file a petition for exemption and notice of the public meeting by regular
mail postmarked at least 14 days prior to the meeting in addition to using any
two of the following methods:
a.
By email. If the utility provides notice by email, the notice must
be made individually to each customer at least 14 days before the meeting.
Email notice may be included in electronic customer bills;
b.
By publication. The utility
may provide newspaper notice of the meeting in a newspaper of general
circulation in the area served by the utility;
c.
Conspicuous posting. The
utility may post notice in a town office or other conspicuous place within the
utility's service area;
d.
Website. If the utility has a website, the utility may post notice
on its website;
e.
Social
media. If the utility has social media accounts, it may post notice on
those social media accounts; or
f.
Other. Other methods of notification that are reasonably
calculated to provide broad notice to the utility's customers.
Utilities may include notice in mailed customer bills.
Utilities must file copies of the notice in the Commission's Case Management
System at least 14 days before the date of the public meeting. All notices,
whether by mail or other method, must contain the same information.
In addition, utilities must file verification of the email,
publication, conspicuous posting, website, social media, or other notifications
in the Commission's Case Management System at least 14 days before the date of
the public meeting. Verification may be affidavits, screenshots, photographs,
or other media sufficient to show compliance with this
Section.
B.
Contents of the Petition
1. The Petition must specifically identify
the statutory requirement or requirements for which an exemption is
sought.
2. The Petition must
contain information sufficient to support a finding by the Commission that an
exemption from the regulatory requirement is
a. in the public interest;
b. will not result in unjust or unreasonable
rates;
c. will not have a negative
impact on the provision of safe, adequate and reliable service; and
d. that the water utility seeking the waiver
has the adequate technical, financial and administrative capacity to perform
the waived function or requirement.
3.
Contents of the filing
a. Systems, policies, and other mechanisms by
which the water utility will ensure its compliance with statutory requirements
of 35-A M.R.S. §301 in the absence of Commission oversight;
b. The names and relevant credentials,
licenses, and certifications of persons employed or retained by the utility who
will be responsible for maintaining safe, adequate, and reliable service in the
absence of regulatory oversight; and
d. A description of system and process by
which the utility is governed and the methods by which customers may
participate in the governance of the utility.
4.
Required Documents
a. Records of any Significant Deficiency
found to be present by the Maine Drinking Water Program within the water
utility's system during the past five years;
b. A statement that utility has filed its
annual report with the Commission for the most recent reporting period, if the
utility is required to file an annual report;
c. Copies of audited financial statements for
the most recent financial reporting period, if the utility is required to
prepare audited financial statements;
d. Copies of unaudited financial statements
for the most recent financial reporting period, if the utility is required to
prepare financial statements but is not required to prepare audited financial
statements;
e. Copies of the
utility's current trial balances if the utility is not required to prepare
financial statements;
f. Copies of
the notices sent to customers and published prior to the public
meeting;
g. Copies of any minutes
or other documents recording the decision of the water utility's decision to
seek an exemption; and
h.
Benchmarks, ratios, and other documents listed in Appendix A for the previous
three calendar years prior to the exemption request.
C.
Process upon Filing
Petition for Exemption
1. The
Commission will review the petition and seek comment from the Office of the
Public Advocate and any interested parties. Interested persons will have 30
days to file comments and within 120 days the Commission shall either issue an
order resolving the petition or initiate an investigation of the requested
exemption.
2. An investigation
initiated under to this Section is an adjudicatory proceeding conducted
pursuant to Chapter 110 of the Commission's rules.
D.
Exemption Proceedings Initiated by
the Commission
The Commission may initiate a proceeding to propose an
exemption from a regulatory requirement for a class of consumer-owned water
utilities pursuant to 35-A M.R.S. §6114. Such a proceeding will be
initiated by Notice to all consumer-owned water utilities and interested
persons. A proceeding initiated under this section will provide an opportunity
for comment and participation by interested persons and the
public.
