Maine Revised Statutes

Me. Rev. Stat. tit. 35-A, § 1104 (2026)

Abandonment of property or service

✓ current as of May 2026
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1.  Commission approval.  No public utility may abandon all or part of its plant, property or system necessary or useful in the performance of its duties to the public, or discontinue the service which it is providing to the public by the use of such facilities, without first securing the commission's approval.  
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Terms and conditions.  In granting its approval, the commission may impose such terms, conditions or requirements as in its judgment are necessary to protect the public interest. A public utility abandoning all or part of its plant, property or system or discontinuing service pursuant to authority granted by the commission under this section is deemed to have waived all objections to the terms, conditions or requirements imposed by the commission in that regard.  
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
Notes of Decisions
Cited in 2 cases, 1989–1997 · leading case: Standish Tel. Co. v. Saco River Tel. & Tel. Co., 555 A.2d 478 (Me. 1989).
Standish Tel. Co. v. Saco River Tel. & Tel. Co., 555 A.2d 478 (Me. 1989). · cites it 2× “[2] Standish argues that even if the Commission lacked jurisdiction to limit the service territory of a legislatively created utility, it clearly did have jurisdiction to approve an abandonment of service and sale of property, and the 1938 petition to approve the agreement…”
Quirion v. Pub. Utils. Comm'n, 691 A.2d 205 (Me. 1997). · cites it 3× “[¶3] In May 1996, the Commission concluded Quirion’s request to abandon service is governed by 35-A M.R.S.A. § 1104, rather than the provision asserted by Quirion, 35-A M.”
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