65-407 MAINE PUBLIC UTILITIES COMMISSION

1. Chapter 331: NOTICE FOR PROPERTY TO BE TAKEN BY EMINENT DOMAIN FOR OR PROPERTY ABUTTING THE CONSTRUCTION, REBUILDING, OR RELOCATION OF A HIGH-IMPACT ELECTRIC TRANSMISSION LINE

SUMMARY: This rule establishes the requirements for the provision of notice to owners of real property that may be taken by eminent domain for the proposed construction, rebuilding, or relocation of a High-Impact Electric Transmission line by either an entity selected under 35-A M.R.S. § 3210-I(2) or a Transmission and Distribution Utility, as well as to an owner of real property that abuts a proposed High-Impact Electric Transmission Line.

§ 1 PURPOSE

1. The purpose of this Chapter is to establish the requirement for notice to real property owners whose property is subject to eminent domain for use in the construction, rebuilding, or relocation of a High-Impact Electric Transmission Line by either an entity selected by the Commission to construct a High-Impact Electric Transmission Line pursuant to 35-A M.R.S. § 3210-I(2) or a Transmission and Distribution Utility, and real property owners of Abutting Property to such a High-Impact Electric Transmission Line. This Chapter also provides the requirements for the form and contents of such notice including educational materials that describe the development process.

§ 2 DEFINITIONS

1. Abutting Property. “Abutting Property” means, with respect to a parcel of land, another parcel of land that shares a common property boundary, except that "Abutting Property" does not include a parcel of land separated from another parcel by a public road or highway.
2. Generator Interconnection Transmission Facility. “Generator Interconnection Transmission Facility” means a transmission line, together with all associated equipment and facilities, that is constructed, owned and operated by a generator of electricity solely for the purpose of electrically and physically interconnecting such generator to the transmission system of a Transmission and Distribution Utility or a commercial or industrial consumer of the electricity that is located on the property where the entity that generates the electricity is located or on abutting property, or a commercial or industrial site that was served by the entity that generates the electricity or its predecessor without using the transmission and distribution plant of a public utility prior to December 31, 2018.
3. High-Impact Electric Transmission Line. “High-Impact Electric Transmission Line” means a transmission line of any length that is constructed to transmit direct current electricity, or capable of operating at 345 kilovolts or more and is not a Generator Interconnection Transmission Facility and is not constructed primarily to provide electric reliability.
4. Notice Recipient. “Notice Recipient” means an owner of real property whose property may be taken by eminent domain for use in constructing, rebuilding, or the relocation of a High-Impact Electric Transmission Line and owners of Abutting Property to such a High-Impact Electric Transmission Line.
5. Transmission and Distribution Utility. "Transmission and Distribution Utility" or "T&D Utility," means a person, its lessees, trustees, receivers, or trustees appointed by a court, owning, controlling, operating or managing a transmission and distribution plant for compensation within the State, as defined in 35-A M.R.S. § 1(20-B).
6. Transmission Developer. “Transmission Developer” means an entity selected to construct a High-Impact Electric Transmission Line pursuant to 35-A M.R.S. § 3210-I(2) or a person who applies for a certificate of public convenience and necessity for a High-Impact Electric Transmission Line pursuant to 35-A M.R.S. § 3132.

§ 3 REQUIREMENT TO PROVIDE NOTICE

1. A. A Transmission Developer must provide notice and educational materials to Notice Recipients concerning a High-Impact Electric Transmission Line for which the Transmission Developer seeks a certificate of public convenience and necessity pursuant to 35-A M.R.S. § 3132. Prior to sending the notice and educational materials to Notice Recipients, the Transmission Developer must provide copies to the Commission for review and approval. Unless otherwise directed by the Commission, these copies must be included with the petition for a certificate of public convenience and necessity for the High-Impact Electric Transmission Line Pursuant to 35-A M.R.S. § 3132.
   1. B. A T&D Utility proposing to construct a High-Impact Electric Transmission Line must provide notice and educational materials to Notice Recipients concerning a High-Impact Electric Transmission Line for which the T&D Utility seeks a certificate of public convenience and necessity pursuant to 35-A M.R.S. § 3132. Prior to sending notice and educational materials to Notice Recipients, the T&D Utility must provide copies to the Commission for review and approval. Unless otherwise directed by the Commission, these copies must be included with the T&D Utility’s petition for a certificate of public convenience and necessity for the High-Impact Electric Transmission Line pursuant to 35-A M.R.S. § 3132.
   2. C. A Transmission Developer or a T&D Utility proposing to rebuild or relocate a High-Impact Electric Transmission Line must provide notice and educational materials to Notice Recipients. A Transmission Developer or a T&D Utility proposing to rebuild or relocate a High-Impact Electric Transmission Line must indicate if that relocation or rebuilding will require the use of eminent domain in the annual schedule submitted pursuant to 35-A M.R.S. § 3132(3). The Commission, based on its review of that schedule, will inform the Transmission Developer or T&D Utility of when it must provide copies of the notice and educational materials to the Commission for review and approval. When a Transmission Developer or a T&D Utility submits copies of the notice and educational materials to the Commission for review and approval, the Transmission Developer or T&D Utility shall, at the same time, submit copies to the Office of the Public Advocate for review.

§ 4 REQUIRED FORM AND CONTENTS OF THE NOTICE

1. A. Transmission Developer or T&D Utility must send the notice and educational materials via certified mail to the last known address of each Notice Recipient by the date established by the Commission upon approval of the notice and educational materials, enclosed in an envelope stating that it contains important information regarding the impact of the High-Impact Electric Transmission Line on each Notice Recipient’s property. At the time of sending the notice and educational materials to Notice Recipients, a Transmission Developer or T&D Utility must send a copy of the notice and educational materials by certified mail to the municipal officers of the municipality or municipalities in which the line is to be located.
   1. B. Transmission Developer or T&D Utility must use a plain language in the notice and educational materials and must define any technical terms that are used. Notices and educational materials must comply with the following guidelines:

1. The font size must be no smaller than 10 points high. The typeface (shape of the letters) should be designed to improve or enhance the visual size of the type. Headlines should be in larger or bold type. All text should be in capitals and lower case as opposed to ALL IN CAPITALS;
2. The color of the notice and educational materials and typeface must avoid problems for persons whose "color deficient" sight makes all colors appear as shades of gray;
3. The use of reverse-blocks in which letters appear as white against a black or dark gray background must be avoided;
4. Sufficient separation between sections, font size and visual highlighting to make the notice and educational materials uncluttered and easy to read; and
5. The headline on the notice must conspicuously be entitled "Notice Regarding Eminent Domain" in at least 12 point font.

1. C. The notice must indicate whether the real property is being considered for eminent domain or abuts a High-Impact Electric Transmission Line and include information that enables the Notice Recipient to contact the Transmission Developer or the T&D Utility.
   1. D. The Transmission Developer or T&D Utility must provide information allowing the Notice Recipient to access the educational materials approved by the Commission electronically, and upon the request of any Notice Recipient the Transmission Developer or T&D Utility must, by first class mail and at the Transmission Developer’s or T&D Utility’s expense, provide that Notice Recipient with physical copies of the educational materials. The educational materials must include, but are not limited to, the following:

1. 1. Information regarding the development process for the High-Impact Electric Transmission Line, including:

1. a. A description of the permitting process, including any required municipal, county, state, or federal approvals;
   1. b. Information on how the Notice Recipient may participate in the permitting process, including the opportunity to participate in any public hearings, meetings and proceedings before the Commission and other governmental and regulatory authorities.

1. 1. Resources that may be available to assist the Notice Recipient, including:
      1. Legal assistance;
      2. The possibility of obtaining intervenor funding pursuant to Chapter 840 of the Commission’s rules;
      3. Contacting the Office of the Public Advocate.
   2. Information describing the High-Impact Electric Transmission Line, including:
      1. In the case of a Transmission Developer, a copy of the Commission’s Order selecting the Transmission Developer pursuant to 35-A M.R.S. § 3210-I;
      2. The location of the High-Impact Electric Transmission Line, including a map that illustrates where the High-Impact Electric Transmission Line will be constructed in relation to the Notice Recipient’s real property and the expected size and location of the physical components of the High-Impact Electric Transmission Line;
      3. Construction and operational and maintenance activities that may impact the Notice Recipient;
      4. Timelines during which the High-Impact Electric Transmission Line development will take place and the anticipated start and completion dates of important processes, including:
         1. Permitting;
         2. Construction; and
         3. Maintenance operations.

1. The Commission may request that a state agency or other state commission review any educational materials that address activities relating to a High-Impact Electric Transmission Line development process that are undertaken by that other state agency or other state commission.

   § 4 WAIVER PROVISIONS

   Upon the request of any person subject to this Chapter or upon its own motion, the Commission may, for good cause, waive any requirement of this Chapter that is not required by statute. The waiver may not be inconsistent with the purposes of this Chapter or Title 35-A. The Commission, the Director Electric and Gas Utility Industries, or the Presiding Officer assigned to a proceeding related to this Chapter may grant the waiver.

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, Docket No. 2025-00279, issued on March 3, 2026. Copies of this Statement and Order 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. §§ 104, 111, and 3136.

APAO ACCESSIBILITY CHECK (Word):

March 18, 2026

EFFECTIVE DATE: This rule was approved as to form and legality by the Attorney General on March 18, 2026. It was filed with the Secretary of State on March 18, 2026 and became effective on March 23, 2026 (filing 2026-066).