65-407 PUBLIC UTILITIES COMMISSION

1. Chapter 616: CUSTOMER NOTIFICATION REQUIREMENTS AND SPECIFIC EXEMPTIONS FROM REGULATORY REQUIREMENTS FOR CONSUMER-OWNED WATER UTILITIES

SUMMARY: This rule sets forth certain exemptions that are applicable to consumer-owned water utilities and sets forth requirements for certain customer notifications for consumer-owned water utilities.

§ 1 APPLICABILITY

1. This Chapter sets forth certain exemptions that are applicable to consumer-owned water utilities. Nothing in this Chapter shall be deemed to authorize an exemption from the statutory right of any 10 persons to bring complaints regarding utility service to the Commission pursuant to 35-A M.R.S. §1302. This Chapter also sets forth requirements for certain customer notifications for consumer-owned water utilities.

   § 2 Definitions

   1. A. “Consumer owned water utility” or “utility” has the same meaning as “consumer-owned water utility in 35-A M.R.S. §6101(1-A).

§ 3. EXEMPTIONS

A. Customer Notifications Pursuant to 35-A M.R.S. §§ 6104 & 6104-A

1. A consumer-owned water utility is exempt from the newspaper notification requirements for public hearings pursuant to 35-A M.R.S. §§ 6104(3) and 6104-A(5) provided that a utility provides notice of the public hearing by regular mail to all customers in addition to utilizing at least two of the following notification methods at least 14 days prior to the public hearing:
   1. 1. Email. Email notice must be made individually to each customer. Email notice may be included in electronic customer bills;
      1. 2. Conspicuous posting. The utility may post notice in a town office or other conspicuous place within the utility’s service area;
         1. 3. Website. If the utility has a website, the utility may post notice on its website;
         2. 4. Social media. If the utility has social media accounts, it may post notice on those social media accounts; or
         3. 5. Other. Any other method reasonably calculated to provide broad notice to the utility’s customers.

      The utility must provide notice individually to each customer and the mailing must be postmarked at least 14 days before the public hearing. Utilities may include notice in mailed customer bills. Utilities must file copies of the notice in the Commission’s Case Management System at least 14 days before the date of the public hearing. All notices, whether by mail or other method, must contain the same information.

      In addition, utilities must file verification of the email, conspicuous posting, website, social media, or other notifications in the Commission’s Case Management System at least 14 days before the date of the public hearing. Verification may be screenshots, photographs, or other media sufficient to show compliance with this section.

§ 4. OTHER CUSTOMER NOTIFICATIONS

A. Customer Notifications Pursuant to 35-A M.R.S. § 6104-B

1. A consumer-owned water utility adjusting rates pursuant to 35-A M.R.S. § 6104-B must provide individual notice to customers. The consumer-owned water utility may, at its option, provide stand-alone notice by regular mail or by email if that is the customer’s preference, or by including the notice with a customer’s (paper or electronic) bill (or by any combination of the above that ensures each customer receives an individual notification).
   1. If the consumer-owned water utility provides stand-alone notice to a customer by regular mail the notice must be postmarked at least 30 days prior to the effective date of the rate adjustment. If the consumer-owned water utility provides stand-alone notice to a customer by email, the email must be sent at least 30 days prior to the effective date of the rate adjustment. If the consumer-owned water utility provides notice to a customer by including the notice with the customer’s bill, the bill must be dated at least 30 days prior to the effective date of the rate adjustment and the bill must be delivered to the customer according to the customer’s existing billing preference (e.g., paper bill or electronic bill).
      1. Regardless of method of delivery, customer notices must describe the amount of the rate adjustment, the percentage change for each customer class, and a brief explanation of the reason for the rate adjustment.

         A consumer-owned water utility adjusting rates pursuant to 35-A M.R.S. § 6104-B may also utilize, but is not required to utilize, any of the other notification methods described in Section 3(A) of this Chapter.

§ 5. WAIVER

1. To the extent permitted by law, where good cause appears, the Commission, the Commission’s Administrative Director, the Director of Telephone and Water Utility Industries, or a Presiding Officer assigned to a proceeding related to this Chapter may permit deviation or waiver from this Chapter. The Commission, the Commission’s Administrative Director, the Director of Telephone and Water Utility Industries, or a Presiding Officer assigned to a proceeding related to this Chapter may grant a request for a substantive deviation or waiver upon a finding of good cause or that compliance would be unduly burdensome, and that the deviation or waiver is not inconsistent with the purposes of this Chapter or Title 35-A of the Maine Revised Statutes.

BASIS STATEMENT: The factual and policy basis for this rule is set forth in the Commission’s Order Adopting Rule and Statement of Factual and Policy Basis, Commission Docket No. 2025-00046, issued on May 7, 2025. Copies of this Order and Statement have been filed with this rule at the Office of the Secretary of State. Copies may also be obtained from the Administrative Director, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333-0018.

STATUTORY AUTHORITY: 35‑A M.R.S. §§ 6104-B and 6114

EFFECTIVE DATE: This chapter was approved as to form and legality by the Attorney General on December 20, 2022. It was filed with the Secretary of State on December 21, 2022 and became effective on December 26, 2022 (filing 2022-253).

EFFECTIVE DATE: This chapter was approved as to form and legality by the Attorney General on June 9, 2025. It was filed with the Secretary of State on June 9, 2025 and became effective on June 14, 2025 (filing 2025-112).