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RPS Maine
(Last updated July 1st, 2004)

RENEWABLE PORTFOLIO STANDARDS—STATE SUMMARY

I. POLICY
II. ADMINISTRATION
III. FINANCING
IV. CRITICAL ELEMENTS
V. POLICY/PROGRAM ASSESSMENT
VI. PUBLIC OUTREACH AND EDUCATION

I. POLICY

Date Enacted
September 28, 1999

Effective Date
November 4, 1999

Time Period
The Public Utilities Commission (PUC) shall review the 30% portfolio requirement and make a recommendation for any change to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters no later than 5 years after the beginning of retail competition. Retail competition began March 2000.

Extensions to Time Period
Subject to findings of five-year PUC review.

Applicable Laws, Orders, and Regulations
LD 1804 (1997) - An Act to Restructure the State's Electric Industry
http://www.state.me.us/mpuc/electric%20restructuring/ld1804.pdf

Maine Statutes, Title 35-A: Public Utilities, Part 1: Public Utilities Commission, Chapter 32: Electric Industry Restructuring, §3210. Renewable resources
http://janus.state.me.us/legis/statutes/35-A/title35-Asec3210.html

Maine Public Utilities Commission Rules 65.407
Chapter 311- Eligible Resource Portfolio Requirement
http://www.state.me.us/mpuc/rules/Part%203/ch-311.pdf

Description
A renewable portfolio standard requiring that 30% of generation sold in Maine be generated from eligible renewable resources. The portfolio requirement was enacted as part of Maine’s restructuring law. The resources need not be located in Maine, and the PUC's 2000 restructuring report estimates that approximately half of the portfolio requirement was met by out-of-state generation. According to DOE Energy Information Administration data, Maine generated over 40% of its electricity from renewable resources, primarily hydropower and biomass, from 1990-2000. This means that Maine's RPS standard, though the highest in the country, is unlikely to spur the development of new renewables.
Program Name
Renewable Resource Portfolio Requirement

Standard
Each competitive electricity provider, including standard offer providers, must provide no less than 30% of its total kilowatt-hour sales to customers in Maine with electric energy generated from eligible resources.

Eligibility Date
All renewables developed at any time. High efficiency cogeneration constructed before 1997 that meets an efficiency standard.

Generation Limit
A renewable resource is defined as a qualifying small power production facility under the Federal Energy Regulatory Commission rules, or a generation facility whose nameplate capacity does not exceed 100 megawatts and that generates electricity with one or more of the qualifying technologies or fuels:

Fuels/Technologies
·        Fuel cells
·        Tidal power
·        Solar arrays and installations
·        Wind power installations
·        Geothermal installations
·        Hydroelectric generators
·        Biomass generators
·        Generators fueled by municipal solid waste in conjunction with recycling
·        Self-generation is not eligible.

II. ADMINISTRATION

Administering Entities
Maine Public Utilities Commission

Type of Entity
State

Administrative Contacts
Public Information Coordinator
Maine Public Utilities Commission
242 State Street
18 State House Station
Augusta, Maine 04333-0018
Phone: 207.287.1598
E-mail: maine.puc@state.me.us
Website: http://www.state.me.us/mpuc

III. FINANCING

Funding Level
No funding level is specified

Funding Source
Included in rate base

Cost Cap
No cost cap specified

Charge
The PUC's 2000 restructuring report states that based on price differentials of suppliers’ standard offer service bids, the requirement likely increased the cost of generation in the range of 1% to 10%, or 1 to 5 mils.

IV. CRITICAL ELEMENTS

Trading
Trading of renewable energy generation credits between competitive electricity providers in order to meet the 30% renewable generation standard is not allowed under ME restructuring law. Each competitive electricity provider must meet the standard individually.

Green Pricing
If a competitive electricity provider represents to a customer that the provider is selling to the customer a portfolio of supply sources that includes more than 30% eligible resources, the resources necessary to supply more than 30% of that customer's load may not be applied to meet the aggregate 30% portfolio requirement. This ensures that any charge to provide a customer with more than 30% renewable energy goes to providing additional renewable generation, rather than making up for a shortfall in renewable generation under the RPS.
According to the PUC, no viable green product has been offered to residential customers. One provider offered a green product at approximately a 1-cent premium. The product met with only minimal success and was discontinued during 2001. One aggregator attempted to offer a green product to residential and small business customers. The aggregator received a significant level of interest among consumers, but was unable to find a provider that would sell generation at a price the aggregator considers acceptable. While interest remains in promoting renewable energy, it appears that the development of a green residential product is not imminent for the same reason that the overall residential market has not yet developed: the transaction cost of obtaining residential customers is high and the resulting margin is not as great as that available from larger customers.

Certification
Renewable Energy Certificates (REC's) are not created under ME restructuring law.

Out-of-State
Energy used to satisfy the portfolio requirement must be physically delivered to the ISO-NE control area or the Maritimes control area. Generation resources need not be located in Maine, and the PUC's 2000 restructuring report estimates that approximately half of the portfolio requirement was met by out-of-state generation. However, energy sold, or otherwise claimed as applicable to load served in other jurisdictions, shall not be used to satisfy the portfolio requirement. The PUC is in the process of incorporating the NEPOOL certificates trading system which would allow all New England renewable energy sources to be eligible.

Self-generation
A customer who significantly reduces or eliminates consumption of electricity due to self-generation, conversion to an alternative fuel or demand-side management may not be assessed an exit or reentry fee in any form for the reduction or elimination of consumption or reestablishment of service with a transmission and distribution utility.

Flexibility
A competitive electricity provider that does not satisfy the portfolio requirement during a compliance period, but has served at least 20% of its retail kilowatt-hour sales to customers in Maine from eligible generation facilities during that period, may cure the deficiency over the next compliance period, so that over the two compliance periods no less than 30% of retail total kilowatt-hour sales to customers in Maine is served from eligible generation facilities.

V. POLICY/PROGRAM ASSESSMENT

Reporting Requirement
On or before May 1 of each year, each competitive electricity provider must submit an annual report to the Public utility Commission that contains information that documents compliance with the portfolio requirement over the previous compliance period. Each annual report must contain a certification by a corporate officer that the competitive electricity provider has complied with the portfolio requirement and that all eligible resources used to satisfy the portfolio requirement in Maine have not been sold, or otherwise claimed as applicable to load served in other jurisdictions. The Commission may at any time conduct an audit of any competitive electricity provider to verify compliance with the portfolio requirement. Upon request by the Commission, a competitive electricity provider must provide any information that the Commission determines is needed to conduct the audit and verify compliance with the portfolio requirement.

Assessing Entity
Maine Public Utilities Commission

Report Date
December 31, 2001

Report Name
A new legislative amendment, H-317, has required the Maine Public Utility Commission to reassess the RPS program and publish a report by December 31, 2003.
http://janus.state.me.us.legis_LawMakerWeb_externalsiteframe.asp?ID_280009760&LD_1312&Type-1.htm

Annual Report on Electric Restructuring
http://www.state.me.us/mpuc/2002legislation/ERR_Rpt_New.htm

Status
Maine has satisfied its RPS requirement of 30% renewable energy retail sales. However, it should be noted that existing eligible resources can be included in this 30% requirement.

According to the Supplier's 2000 Annual reports, in 2000 at least 38% of generation sold in Maine was generated by eligible fuels. Of that amount, almost 60% was generated from traditional renewables (wood biomass and hydro), while the remainder was generated by trash or by efficient cogeneration facilities burning oil, coal, or fuels such as tires and sludge.

Cost Information
There is no available cost information from the renewable energy contracts. However, the new legislative amendment H-317 has requested that the Public Utility Commission uncover cost information to support achieving future renewable energy goals.

Assessment Contact
Maine Public Utilities Commission
http://www.state.me.us/mpuc


VI. PUBLIC OUTREACH AND EDUCATION

Outreach/Customer Education
Consumer Education Program Materials and Proceedings
http://www.state.me.us/mpuc/Electric%20Supplier/electric_consumer_education.htm

Press Releases
http://www.state.me.us/mpuc/newsreleases2002.htm