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

Me. Rev. Stat. tit. 35-A, § 2105 (2026)

Approval only after hearing

✓ current as of May 2026
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1.  Approval only after hearing.  Except as provided in subsection 2, no approval required by section 2102, 2103 or 2104 and no license, permit or franchise may be granted to any person to operate, manage or control a public utility named in section 2101 in a municipality where there is in operation a public utility engaged in similar service or authorized to provide similar service, until the commission has made a declaration, after public hearing of all parties interested, that public convenience and necessity require a 2nd public utility.  
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Declaration without hearing.  The commission may make a declaration without public hearing, if it appears that the utility serving or authorized to serve, the utility seeking approval from the commission to provide service and any customer or customers to receive service agree that the utility seeking approval to serve should provide service.  
[RR 2009, c. 2, §102 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2009, c. 2, §102 (COR).
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Notes of Decisions
Cited in 2 cases, 1996–2017 · leading case: Town of Madison, Dep't of Elec. Works v. Pub. Utils. Comm'n, 682 A.2d 231 (Me. 1996).
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Town of Madison, Dep't of Elec. Works v. Pub. Utils. Comm'n, 682 A.2d 231 (Me. 1996). · cites it 4× “Section 2105 sets forth the procedure to be followed by a second utility when it seeks PUC consent, pursuant to section 2102(1), to serve an area in which another utility is already serving or is authorized to serve.”
Enhanced Commc'ns of N. New England, Inc. v. Pub. Utils. Comm'n, 2017 ME 178 (Me. 2017). · cites it 2× “” 35-A M.R.S. § 2105(1). Section 4(A) of Chapter 280 of the Commission’s regulations similarly provides for approval “by making a declaration that the public convenience and necessity require an additional public utility.”
— Me. Rev. Stat. tit. 35-A, § 2105(1) — 1 case
Enhanced Commc'ns of N. New England, Inc. v. Pub. Utils. Comm'n, 2017 ME 178 (Me. 2017). “” 35-A M.R.S. § 2105(1). Section 4(A) of Chapter 280 of the Commission’s regulations similarly provides for approval “by making a declaration that the public convenience and necessity require an additional public utility.”
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