APPROVED CHAPTER
JUNE 23, 2021 347
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 980 - L.D. 1328
An Act To Protect Maine Electricity Customers from Threats of
Disconnection in the Wintertime
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §717 is enacted to read:
§717. Winter terminations
1. Definition. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Disconnection prohibition period" means any time between November 15th and
April 15th, or during any other period when, pursuant to rules adopted under section
704, the commission has prohibited a transmission and distribution utility from
disconnecting residential customers or prohibited such disconnections without the
permission from the consumer assistance and safety division.
B. "Residential customer" includes any customer account to which electric service is
provided for residential purposes, regardless of whether the electricity received under
that account is also used for business purposes.
2. Notice of winter disconnection. During a disconnection prohibition period, a
transmission and distribution utility may not send or deliver, orally, on paper or
electronically, to any residential customer of the utility any notice or communication that:
A. Provides for disconnection of the customer's electric service on a specified date or
within a specified interval of time during a disconnection prohibition period, unless the
utility has received the prior permission of the consumer assistance and safety division
to make the disconnection on the specified date or within the specified interval of time;
or
B. Makes any reference to disconnection or involuntary termination of the customer's
electric service during a disconnection prohibition period, unless the notice or
communication includes a prominent statement that disconnection of a residential
customer's electric service during the disconnection prohibition period cannot take
place without the advance permission of the consumer assistance and safety division,
that the customer will be notified of any request for such permission and that the
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customer will have the opportunity to be heard by the consumer assistance and safety
division.
3. Past due accounts; assistance programs. Notwithstanding any provision of law
to the contrary, the notice permitted under subsection 2 to a residential customer from a
transmission and distribution utility is deemed a notice of disconnection for the purpose of
establishing eligibility for certain emergency assistance programs, including, but not
limited to, the emergency general assistance described in Title 22, chapter 1161 and the
fuel assistance described in Title 30-A, chapter 201, subchapter 13.
4. Violation; penalties. A transmission and distribution utility that violates this
section is subject to a civil penalty not to exceed $2,500, payable to the customer to whom
the prohibited communication is sent. This penalty is recoverable in a civil action and is
in addition to any other remedies to which the customer may be entitled.
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