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

Me. Rev. Stat. tit. 35-A, § 3202 (2026)

Retail access; deregulation

✓ current as of May 2026
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1.  Right to purchase generation.  Beginning on March 1, 2000, all consumers of electricity have the right to purchase generation services directly from competitive electricity providers, except as provided in subsection 7.  
[PL 2007, c. 481, §1 (AMD).]
2.  Deregulation of generation services.  Except as otherwise provided in this chapter, competitive electricity providers are not subject to regulation under this Title on or after March 1, 2000.  
[PL 1997, c. 316, §3 (NEW).]
3.  Aggregation permitted; limitation.  When retail access begins, consumers of electricity may aggregate their purchases of generation service in any manner they choose. If a public entity serves as an aggregator, it may not require consumers of electricity within its jurisdiction to purchase generation service from that entity.  
[PL 1997, c. 316, §3 (NEW).]
4.  Electric billing and metering services.  The commission by rule may provide for competition in the provision of electric billing and metering services. The commission in its rules shall establish terms and conditions for such competition including which services are subject to competition and which customers will receive competitive services.  
If the commission provides for competition for any billing or metering services, the commission shall:  
A. Establish in its rules minimum standards necessary to protect consumers of such services and codes of conduct governing the relationship among transmission and distribution utilities providing such services, any affiliates of transmission and distribution utilities providing such services and providers of such services that are not affiliated with a transmission and distribution utility; and   [PL 1999, c. 601, §1 (NEW).]
B. Determine each transmission and distribution utility's costs of providing such services as reflected in consumer rates, including capital costs, depreciation, operating expenses and taxes, and shall separate this portion of the consumer rate into a separate charge.   [PL 1999, c. 601, §1 (NEW).]
Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A.  
[PL 1999, c. 601, §1 (RPR).]
5.  International transmission contracts.  Notwithstanding section 3204, transmission and distribution utilities, including consumer-owned utilities, that operate or manage a portion of the grid connected to the New England grid by transmission lines that pass through Canada may enter into commercially reasonable contracts with Canadian electric utilities for the purchase of back-up services, tie-line interruption services, ancillary services, transmission services or any other service that promotes effective retail electric competition in northern Maine. The transmission and distribution utilities shall make all such contract services available to competitive electricity providers at cost, on an equitable basis. Commission approval of such contracts is not required. Nothing in this subsection exempts from commission jurisdiction utility operations or activities undertaken pursuant to such contracts.  
[PL 1999, c. 398, Pt. B, §1 (NEW).]
6.  Exception.  Notwithstanding any other provision of this chapter, an electric utility whose system is not physically connected to any transmission and distribution utility is exempt from this chapter. The commission shall ensure that such an electric utility's rates, including consideration of generation-related costs, are just and reasonable.  
[PL 1999, c. 398, Pt. E, §1 (NEW).]
7.  Exception; load aggregation by consumer-owned utilities.  The commission may authorize a consumer-owned transmission and distribution utility to aggregate its load for the purpose of purchasing generation services on behalf of its customers. The commission shall adopt rules to implement the provisions of this subsection. The rules must specify the process and requirements for a consumer-owned transmission and distribution utility to obtain approval under this subsection and allowable exceptions under which customers of consumer-owned transmission and distribution utilities that have received such approval may continue to purchase generation services directly from competitive electricity providers. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.  
[PL 2007, c. 481, §2 (NEW).]
8.  Separate charges.  A person who provides electric billing and metering services shall issue bills that clearly separate the charges for generation services and the charges for transmission and distribution services if charges for both types of services appear on the same bill.  
[PL 2013, c. 116, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 316, §3 (NEW). PL 1999, c. 398, §§B1,D1,E1 (AMD). PL 1999, c. 601, §1 (AMD). PL 2007, c. 481, §§1, 2 (AMD). PL 2013, c. 116, §1 (AMD).
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Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2001–2023 · leading case: Cent. Maine Power Co. v. Pub. Utils. Comm'n, 2014 ME 56 (Me. 2014).
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Cent. Maine Power Co. v. Pub. Utils. Comm'n, 2014 ME 56 (Me. 2014). “1 See 35-A M.R.S. §§ 3202, 3203 (2013); Houlton Water Co.”
Houlton Water Co. v. Pub. Utilitites Comm'n, 2016 ME 168 (Me. 2016). “See generally 35-A M.R.S. § 3202 (deregulating retail access- to generation services); id.”
Odiorne Lane Solar, LLC, et al. v. Town of Eliot et al., 2023 ME 67 (Me. 2023). “[¶9] Odiorne admits that it is not a public utility within the meaning of Title 35-A. See 35-A M.”
Houlton Water Co. v. Pub. Utils. Comm'n, 2014 ME 38 (Me. 2014). “In addition, the Act authorized competitive electricity providers to market, broker, aggregate, or sell the generated electricity to the public.”
Indus. Energy Consum. Grp. v. Pub. Utils. Comm'n, 2001 ME 94 (Me. 2001). · cites it 2× “The Legislature also enacted 35-A M.R.S.A. § 3202, which deregulated electrical generation and provided that “[b]e-ginning on March 1, 2000, all consumers of electricity have the right to purchase generation services directly from competitive electricity providers.”
— Me. Rev. Stat. tit. 35-A, § 3202(1) — 1 case
Indus. Energy Consum. Grp. v. Pub. Utils. Comm'n, 2001 ME 94 (Me. 2001). “The Legislature also enacted 35-A M.R.S.A. § 3202, which deregulated electrical generation and provided that “[b]e-ginning on March 1, 2000, all consumers of electricity have the right to purchase generation services directly from competitive electricity providers.”
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