65 - INDEPENDENT AGENCIES
407 - PUBLIC UTILITIES COMMISSION
CHAPTER 313 - CUSTOMER NET ENERGY
SUMMARY: This rule establishes the
requirements for net energy billing after the introduction of
ß 1 PURPOSE
The purpose of this Chapter is to implement
the State's policy to encourage electricity generation from
renewable resources through the adoption of requirements and
standards for customer net energy billing.
ß 2 DEFINITIONS
- A. Competitive Electricity
electricity provider" means a marketer, broker,
aggregator, or any other entity selling electricity to
the public at retail in Maine.
- B. Net Energy. "Net energy" is the difference
between the kilowatt-hours consumed by a customer and the
kilowatt-hours generated by the customer's facility over
any time period determined as if measured by a single
meter capable of registering the flow of electricity in
- C. Net Energy Billing. "Net energy billing" is a
billing and metering practice under which a customer is
billed on the basis of net energy over the billing period
taking into account accumulated unused kilowatt-hour
credits from the previous billing period.
- D. Standard Offer Provider. "Standard offer provider" means
a provider of standard offer service chosen pursuant to
Chapter 301 of the Commission's rules.
- E. Transmission and
"Transmission and distribution 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.
ß 3 ANNUALIZED CUSTOMER NET ENERGY BILLING
- A. Applicability. This section is applicable to electricity
service provided after February 29, 2000.
- B. Customer Qualification. Any customer of a transmission and
distribution utility that uses energy generated using a
renewable fuel or technology as specified in 35-A
M.R.S.A. ß3210(2)(C) from a facility with an installed
capacity of 100 kW or less to serve its own electricity
requirements may elect net energy billing.
- C. Customer Use. For purposes of this section, the
renewable facility must be located on or in the vicinity
of customer's premises and used primarily to offset part
or all of the customer's own electricity requirement.
- D. Billing Requirements. At the option of a customer qualifying
under this section, transmission and distribution
utilities must bill on an annualized net energy basis as
- Excess Generation. If the electricity
generated during the billing period by the customer's
facility plus any kilowatt-hour credits from prior
billing periods exceed the customer's kilowatt-hour usage
during the billing period, the excess shall be applied to
the customer's bill for the following billing period as a
reduction in the customer's kilowatt-hour usage.
- Excess Usage. If the customer's
kilowatt-hour usage exceeds the electricity generated by
its renewable generation facility during the billing
period plus any kilowatt-hour credits pursuant to
subparagraph 1, the customer shall be billed for the
excess kilowatt-hour usage at the applicable retail rate
for electricity service.
- Unused Credits. A customer may
accumulate unused kilowatt-hour credits and apply them
against kilowatt-hour usage over a 12-month period. At
the end of each 12-month period, any accumulated unused
kilowatt-hour credits shall be eliminated and may not be
applied against any future kilowatt-hour usage. The
customer will receive no compensation for unused
- Non-usage Charges. Net energy billing
only applies to kilowatt-hour usage charges. Net energy
billing customers are responsible for all other charges
applicable to the customer's rate class and recovered
either through fixed amounts or over units other than
- E. Generation Provider. A customer that has elected net energy
billing may obtain generation service from any
competitive electricity provider that agrees to provide
service on a net energy basis. If the customer obtains
service from the standard offer, the standard offer
provider shall provide service on a net energy basis.
- F. Second Meter. Nothing in this section shall prohibit a
utility from installing additional meters to record
purchases and sales separately, provided, however, that
no customer that elects to be billed on a net energy
basis shall be charged for the cost of the additional
meters or other necessary equipment.
- G. Standard Contract. Each transmission and distribution utility
shall develop a standard contract for annualized customer
net billing consistent with the provisions of this
- H. Commission Review. A transmission and distribution utility
shall notify the Commission if the cumulative capacity of
generating facilities subject to the provisions of this
Chapter reaches 0.5 percent of its peak demand. Upon
notification, the Commission will review this Chapter to
determine whether net billing should continue or be
ß 4 WAIVER OR EXEMPTION
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 of
Technical Analysis, 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 Statement of
Factual and Policy Basis and Order Adopting Rule, Commission
Docket No. 98-621, issued on December 10, 1998. 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
242 State Street, 18 State House Station
Augusta, Maine 04333-0018.
AUTHORITY: 35-A M.R.S.A. ßß 104, 111,
1301, 3203(9) and 3210.
EFFECTIVE DATE: This rule was approved as
to form and legality by the Attorney General on December 15,
1998. It was filed with the Secretary of State on December 15,
1998 and will be effective on December 20, 1998.
(NOTE: This new rule takes effect on March
1, 2000 - the start date of Maine's electric restructuring