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131st MAINE LEGISLATURE
FIRST SPECIAL SESSION-2023
Legislative Document No. 1887S.P. 762 In Senate, May 4, 2023
An Act to Clarify the Review and Procurement Process for
Nonwires Alternatives
Reference to the Committee on Energy, Utilities and Technology suggested and ordered
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator GROHOSKI of Hancock. Page 1 - 131LR1752(01)
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2 as enacted by PL 2013, c. 369, Pt. C, §1, is
3 repealed.
4 as enacted by PL 2019, c. 298, §5, is
5 amended to read:
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7 alternative or an infrastructure, technology or application that either individually or
8 collectively defers or reduces the need for capital investment in the transmission and or
9 distribution system and addresses system reliability needs proposed to be met by the
10 transmission or distribution system investment. "Nonwires alternative" includes but is not
11 limited to energy efficiency and conservation measures, energy storage, load management,
12 demand response and distributed generation.
13 as amended by PL 2019, c. 298, §7, is
14 further amended to read:
15 Nonwires alternatives investigation; consideration. In
16 considering whether to approve or disapprove all or portions of a proposed transmission
17 line and associated infrastructure pursuant to subsection 5, the commission shall, for a
18 transmission line proposed by an investor-owned transmission and distribution utility,
19 consider the results and recommendations of an investigation by the nonwires alternative
20 coordinator conducted in accordance with section 3132‑C.
21 as amended by PL 2019, c. 298, §10, is further
22 amended to read:
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24 The commission may approve or disapprove all or portions of a
25 proposed transmission line and shall make such orders regarding its character, size,
26 installation and maintenance and regarding nontransmission nonwires alternatives to the
27 proposed transmission line as are necessary, having regard for any increased costs caused
28 by the orders. In its review and consideration of nontransmission nonwires alternatives, as
29 required by subsection 2‑D, the commission shall give preference to the nontransmission
30 nonwires alternatives that have been identified as able to address the identified need for the
31 proposed transmission line most cost-effectively. When the cost-effectiveness of the
32 identified nontransmission nonwires alternatives are reasonably equal, the commission
33 shall give preference to the alternatives that produce the lowest amount of local air
34 emissions, including greenhouse gas emissions.
35 as amended by PL 2019, c. 298, §11, is further
36 amended to read:
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38 the commission shall make specific findings with regard to the public need for the proposed
39 transmission line. The commission shall make specific findings with regard to the
40 likelihood that nontransmission nonwires alternatives can sufficiently address the identified
41 public need over the effective life of the transmission line more cost-effectively. If the
42 commission finds that a public need exists, after considering whether the need can be
43 reliably and more cost-effectively met using nontransmission nonwires alternatives, it shall Page 2 - 131LR1752(01)
44 issue a certificate of public convenience and necessity for the transmission line. In
45 determining public need, the commission shall, at a minimum, take into account
46 economics, reliability, public health and safety, scenic, historic and recreational values,
47 state renewable energy generation goals, the proximity of the proposed transmission line
48 to inhabited dwellings and nontransmission nonwires alternatives to construction of the
49 transmission line, including energy conservation, distributed generation or load
50 management. If the commission orders or allows the erection of the transmission line, the
51 order is subject to all other provisions of law and the right of any other agency to approve
52 the transmission line. The commission shall, as necessary and in accordance with
53 subsections 7 and 8, consider the findings of the Department of Environmental Protection
54 under Title 38, chapter 3, subchapter 1, article 6, with respect to the proposed transmission
55 line and any modifications ordered by the Department of Environmental Protection to
56 lessen the impact of the proposed transmission line on the environment. A person may
57 submit a petition for and obtain approval of a proposed transmission line under this section
58 before applying for approval under municipal ordinances adopted pursuant to Title 30‑A,
59 Part 2, Subpart 6‑A; and Title 38, section 438‑A and, except as provided in subsection 4,
60 before identifying a specific route or route options for the proposed transmission line.
61 Except as provided in subsection 4, the commission may not consider the petition
62 insufficient for failure to provide identification of a route or route options for the proposed
63 transmission line. The issuance of a certificate of public convenience and necessity
64 establishes that, as of the date of issuance of the certificate, the decision by the person to
65 erect or construct was prudent. At the time of its issuance of a certificate of public
66 convenience and necessity, the commission shall send to each municipality through which
67 a proposed corridor or corridors for a transmission line extends a separate notice that the
68 issuance of the certificate does not override, supersede or otherwise affect municipal
69 authority to regulate the siting of the proposed transmission line. The commission may
70 deny a certificate of public convenience and necessity for a transmission line upon a finding
71 that the transmission line is reasonably likely to adversely affect any transmission and
72 distribution utility or its customers.
30 as enacted by PL 2013, c. 369, Pt. C, §7, is
31 amended to read:
32 nonwires alternatives policies. The
33 commission shall advocate in all relevant venues for the pursuit of least-cost solutions to
34 bulk power system needs on a total cost basis and for all available resources, including
35 nontransmission nonwires alternatives, to be treated comparably in transmission analysis,
36 planning and access to funding.
37 as amended by PL 2019, c. 298, §12, is further
38 amended to read:
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41 A person may not construct any transmission project or subtransmission project
42 without approval from the commission. For the purposes of this section, "transmission
43 project" means any proposed new or upgraded transmission line and its, substation
44 component or associated infrastructure that is capable of operating at less than 69 kilovolts
45 or more. "Subtransmission project" means any proposed new or upgraded transmission
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46 line, substation component or associated infrastructure that is capable of operating at less
47 than 69 kilovolts and projected to cost in excess of $5,000,000.
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4 transmission project or subtransmission project must provide the commission with a
5 description of the need for the proposed transmission project or subtransmission project.
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7 approve or disapprove all or portions of a proposed transmission project or subtransmission
8 project pursuant to subsection 2, the commission shall, for a transmission project or
9 subtransmission project proposed by an investor-owned transmission and distribution
10 utility, consider the results and recommendations of an investigation by the nonwires
11 alternative coordinator conducted in accordance with section 3132‑C.
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13 nontransmission nonwires alternatives. In order for a transmission project or
14 subtransmission project to be approved, the commission must consider whether the
15 identified need over the effective life of the proposed transmission project or
16 subtransmission project can be reliably and more cost-effectively met using
17 nontransmission nonwires alternatives. In its review and consideration of nontransmission
18 nonwires alternatives, as required by subsection 1‑A, the commission shall give preference
19 to nontransmission nonwires alternatives that have been identified as able to address the
20 identified need for the proposed transmission project or subtransmission project most cost-
21 effectively. When the cost-effectiveness of the identified nontransmission nonwires
22 alternatives are reasonably equal, the commission shall give preference to the alternatives
23 that produce the lowest amount of local air emissions, including greenhouse gas emissions.
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25 owned and operated by a generator of electricity solely for the purpose of electrically and
26 physically interconnecting the generator to the transmission system of a transmission and
27 distribution utility is not subject to this section.
28 as enacted by PL 2019, c. 298, §13, is
29 amended to read:
30 For the purposes of this section, "small transmission project" means any proposed new
31 or upgraded transmission line and, substation component or associated infrastructure
32 capable of operating at less than 69 kilovolts and projected to cost $5,000,000 or less. For
33 the purposes of this section, a "distribution project" means any proposed new or upgraded
34 distribution line, substation component or associated infrastructure capable of operating at
35 less than 34 kilovolts.
36 as enacted by PL 2019, c. 298, §13, is
37 amended to read:
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39 subsection 2, the nonwires alternative coordinator shall make recommendations to the
40 investor-owned transmission and distribution utility regarding nonwires alternatives to
41 proposed small transmission projects and distribution projects. The nonwires alternative
42 coordinator and the utility shall attempt to reach a good faith agreement regarding the
43 adoption of nonwires alternatives that are most cost-effective. If agreement is reached, the
44 utility shall pursue the agreed-upon nonwires alternatives. If there is no agreement, the
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45 utility shall or the Office of the Public Advocate may petition the commission to resolve
46 the dispute.
3 as enacted by PL 2019, c. 298, §13, is
4 amended to read:
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6 and distribution utility or the Office of the Public Advocate pursuant to subsection 4, the
7 commission shall review the planning study prepared under subsection 1 and the
8 recommendations of the nonwires alternative coordinator under subsection 4. In resolving
9 the dispute, the commission shall give preference to nonwires alternatives that are
10 identified as able to address the identified need for the proposed small transmission project
11 or distribution project and are most cost-effective. Of the identified nonwires alternatives,
12 the commission shall give preference to the lowest-cost nonwires alternatives. When the
13 costs to ratepayers in this State of the identified nonwires alternatives are reasonably equal,
14 the commission shall give preference to the nonwires alternatives that produce the lowest
15 amount of local air emissions, including greenhouse gas emissions.
16 as enacted by PL 2019, c. 298, §14, is
17 amended to read:
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19 investigation of and make recommendations regarding nonwires alternatives to a wires
20 project under section 3132, 3132‑A or 3132‑B in accordance with this section. The
21 investigation must be conducted in coordination with the Efficiency Maine Trust. For the
22 purposes of this section, "wires project" means a transmission line and associated
23 infrastructure subject to the requirements of section 3132, a transmission project or
24 subtransmission project as defined in section 3132‑A or a small transmission project or
25 distribution project covered by section 3132‑B.
26 as enacted by PL 2019, c. 298, §14, is
27 amended to read:
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29 requested by the Public Advocate or the Efficiency Maine Trust, subject to enforcement by
30 the commission, to allow the nonwires alternative coordinator, in conjunction with the trust,
31 to carry out investigation and analysis under this section. The trust shall use utility
32 ratepayer usage data to identify cost-effective nonwires alternatives on the customer side
33 of the meter. An investor-owned transmission and distribution utility may request a
34 protective order if necessary to protect the confidentiality of customer data or critical
35 energy infrastructure information provided under this section in accordance with section
36 1311‑A.
37 as enacted by PL 2019, c. 298, §15, is
38 amended to read:
39 When the commission determines a nonwires alternative is appropriate under section
40 3132, 3132‑A or 3132‑B or an investor-owned transmission and distribution utility agrees
41 voluntarily to a nonwires alternative under section 3132‑B, the utility shall procure the
42 nonwires alternative must be competitively procured in accordance with this section.
43 as enacted by PL 2019, c. 298, §15, is
44 amended to read:
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2 the commission shall determine an entity, which may include but is not limited to the
3 investor-owned transmission and distribution utility or a 3rd party, to deliver the nonwires
4 alternative and shall make orders as necessary; except, when a utility voluntarily agrees to
5 a nonwires alternative on the grid side of the meter under section 3132‑B, the utility shall
6 determine the entity to deliver the nonwires alternative.
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8 This bill makes the following changes to the laws governing electric transmission lines
9 and projects and nonwires alternatives.
10 1. It repeals the definition of "nontransmission alternative" and incorporates aspects
11 of the definition of "nontransmission alternative" into the definition of "nonwires
12 alternative." It includes energy storage as a nonwires alternative in the definition of
13 "nonwires alternative." It changes references to nontransmission alternatives to references
14 to nonwires alternatives.
15 2. It provides that a person may not construct any transmission project or
16 subtransmission project without approval from the Public Utilities Commission.
17 "Transmission project" is defined as any proposed transmission line, substation component
18 or associated infrastructure that is capable of operating at 69 kilovolts or more.
19 "Subtransmission project" is defined as any proposed transmission line, substation
20 component or associated infrastructure capable of operating at less than 69 kilovolts and
21 projected to cost in excess of $5,000,000.
22 3. It allows an investor-owned transmission and distribution utility or the Office of the
23 Public Advocate to petition the Public Utilities Commission to resolve a dispute between
24 the nonwires alternative coordinator and the utility regarding nonwires alternatives to
25 proposed small transmission projects and distribution projects.
26 4. It provides that an investor-owned transmission and distribution utility may request
27 a protective order if necessary to protect the confidentiality of customer data or critical
28 energy infrastructure information provided to the Public Advocate or the Efficiency Maine
29 Trust to allow the nonwires alternative coordinator to carry out certain investigation and
30 analysis.
31 5. It provides that when the Public Utilities Commission determines a nonwires
32 alternative is appropriate in certain cases involving the review of transmission and
33 distribution projects, the nonwires alternative must be competitively procured.
34 6. It removes language that provides that when an investor-owned transmission and
35 distribution utility voluntarily agrees to a nonwires alternative on the grid side of the meter
36 regarding certain small transmission and distribution projects, the utility must determine
37 the entity to deliver the nonwires alternative.
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