65-407 C.M.R. ch. 691, § 2 - Notice of intent to sell
Whenever a consumer-owned water utility intends to sell or transfer water resource land, the utility shall provide the following notices:
A. Notice to the Commission.
At least eight months prior to the sale of water resource land, the utility
shall notify the Commission of the utility's intent to sell the land. The
notice to the Commission shall contain the following:
(i) Legal and physical descriptions and a
plot plan of the property to be sold.
(ii) A statement explaining the reasons why
the utility intends to sell the land.
(iii) A statement explaining why the utility
no longer needs the land to provide utility service.
The Commission may, in its discretion, request that additional data be provided, in order to fully evaluate the sale under this rule.
B. Notice
to municipalities and utilities with charter rights. At the time of
notification to the Commission as described in paragraph 2(A) above, the
utility shall also notify the municipality or municipalities where the water
resource land in question is located and any other utility that has charter
rights to any surface water supply directly associated with the water resource
land being sold. This notice shall provide the same information as described in
paragraph 2(A) above, and shall cite this rule and
35-A M.R.S.A.
§6109. The notice shall also advise the
municipality or municipalities that it has an assignable right of first refusal
under
35-A M.R.S.A.
§6109(5).
C. Newspaper notice. Within 30 days of
notifying the Commission under paragraph 2(A) above, the utility shall provide
newspaper notice of the intended sale in a newspaper of general circulation in
the area served by the utility, and a newspaper of general circulation in the
area in which the water resource land is located. The notice shall include all
of the information specified in paragraph 2(A) above, except for the plot plan,
as well as citations to
35-A M.R.S.A.
§6109 and this rule.
Copies of all notices under this paragraph shall be filed with the Commission.
Notes
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