65-407 C.M.R. ch. 83, § 1 - Definitions

A. Advertising. The term "Advertising" means the use of any media, including radio, television, periodicals, newspapers, billboards, car cards, exhibits, bill inserts, handbills, brochures, and other printed matter, in order to communicate a message to the general public, to a portion of the general public, or to a public utility's customers.

B. Political Activities. Political activities by utilities are acts, expenditures and advertising conducted by the utility or by an organization of which the utility is a member for the purpose of influencing federal, state, or local ordinances, legislation or legislative resolutions, campaigns for political office, referenda, initiatives, constitutional amendments or state and municipal bond issues. Without limitation, and by way of example only, political activities shall include:

1) activities before executive or administrative agencies or officials, or the general public, for the purpose of advocating a specific position with respect to a campaign as defined in 21-A M.R.S.A. §1032(1);

2) activities before or communications with legislative or executive officials for the purpose of influencing legislative actions or political appointments, or for the purpose of advocating initiation of legislative actions, including activities which must be reported in the Secretary of State's lobbyist disclosure report under 3 M.R.S.A. §317;

3) contributions, gifts, or non-monetary donations to political candidates, political parties, political or legislative committees or to any committees or organizations working to influence referendum petitions or elections, pursuant to 35 M.R.S.A. §51-A. Without limitations, and by way of example only, the following do not constitute political activities:

1) proceedings before local, state, or federal executive or administrative agencies to secure licenses, permits, easements, variances, or similar authority;

2) rulemaking proceedings before state or federal agencies, unless the utility advocates a position with respect to a campaign;

3) services rendered by utility employees on behalf of government agencies, boards, commissions, or ad hoc committees created by public bodies to examine particular issues, or; 4) responding to informational requests from legislators or legislative committees where the utility is not involved in attempting to influence legislative action.

C. Institutional Advertising. The term "Institutional Advertising" means any advertising conducted for the purpose of promoting the corporate image or goodwill of a public utility or the utility industry.

D. Promotional Advertising. The term "Promotional Advertising" means any advertising conducted for the purpose of encouraging any person to select or use the service or increase usage of the service of a public utility, to select, purchase, install, or use any appliance or equipment designed to use such utility's service, or to use any other particular service of the utility.

E. Promotional Allowance. The term "Promotional Allowance" means any reduction in rates or charges or any rebate or credit granted by a public utility to a customer for the purpose of encouraging any person to select or use the service or increase usage of the service of a utility, to select, purchase, install, or use any appliance or equipment designed to use such utility's service, or to use any other particular service of such utility.

F. Exceptions. For purposes of sections 3 and 5 of this rule, the terms "Political Activities," "Institutional Advertising," "Promotional Advertising," and "Promotional Allowance" do not include acts, practices, expenditures, or advertising which:

1. Inform customers how they can conserve energy, reduce peak demand for a utility's service, or otherwise reduce consumption of the utility's service.

2. Inform customers about energy-efficient appliances, equipment, or services, or about practices which reduce the cost of utility service.

3. Are required by federal or state law or regulation or are required or permitted by Commission order.

4. Concern connection, disconnection, conditions of service, billing procedures, service interruptions, safety measures, or emergency conditions.

5. Concern employment opportunities with the public utility.

6. Explain existing rate schedules or provide notification of proposed rate schedules and of hearings and proceedings concerning the public utility.

Notes

65-407 C.M.R. ch. 83, § 1