Me. Rev. Stat. » Title 35-A
Maine Revised Statutes

Me. Rev. Stat. tit. 35-A, § 1314 (2026)

Burden of proof

✓ current as of May 2026
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1.  Party adverse to the commission.  In all trials, actions and proceedings arising under this Title or growing out of the exercise of the authority granted to the commission, the burden of proof is on the party adverse to the commission or seeking to set aside any determination, requirement, direction or order of the commission complained of as unreasonable, unjust or unlawful.  
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Public utilities.  In all original proceedings before the commission where an increase in rates, tolls, charges, schedules or joint rate is complained of, the burden of proof is on the public utility to show that the increase is just and reasonable.  
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
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Notes of Decisions
Cited in 4 cases, 1993–2012 · leading case: Pine Tree Tel. & Tel. Co. v. Pub. Utils. Comm'n, 631 A.2d 57 (Me. 1993).
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Pine Tree Tel. & Tel. Co. v. Pub. Utils. Comm'n, 631 A.2d 57 (Me. 1993). · cites it 2× “Pine Tree asserts that it is not a “party adverse to the commission” according to the terms of 35-A M.R.S.A. § 1314 (1988) 5 because it was acting under *62 a tariff approved by the commission in 1987.”
Covanta Maine, LLC v. Pub. Utils. Comm'n, 2012 ME 74 (Me. 2012). · cites it 2× “[¶ 22] In support of its application, Covanta stated the total cost of improvements it alleged it had made to refurbish its facilities.”
Am. Ass'n of Retired Persons v. Pub. Utils. Comm'n, 678 A.2d 1025 (Me. 1996). “35-A M.R.S.A. § 1314(1) (1988). III. A. AARP contends that the Commission erred in setting a rate of return for NYNEX that did not reflect its true cost of equity.”
City of Portland v. Pub. Utils. Comm'n, 656 A.2d 1217 (Me. 1995). “35-A M.R.S.A. § 1314(1) & (2) (1988); New England Tel.”
— Me. Rev. Stat. tit. 35-A, § 1314(1) — 2 cases
Am. Ass'n of Retired Persons v. Pub. Utils. Comm'n, 678 A.2d 1025 (Me. 1996). “35-A M.R.S.A. § 1314(1) (1988). III. A. AARP contends that the Commission erred in setting a rate of return for NYNEX that did not reflect its true cost of equity.”
City of Portland v. Pub. Utils. Comm'n, 656 A.2d 1217 (Me. 1995). “35-A M.R.S.A. § 1314(1) & (2) (1988); New England Tel.”
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