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CHP Developer Seeks Ruling That Private Sale Of Electricity Is Not Subject To Regulation As Retail Supplier
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PF Land LLC sought from the Maine PUC a declaratory ruling that private
ownership and operation of a combined heat and power (CHP) cogenerator and related
private facilities to provide thermal energy and electricity within an
approximately 10.5-acre redevelopment project on the Portland peninsula known as
Portland Foreside will not render the owner of the CHP Facility (CHP LLC) a public utility
subject to regulation as a transmission and distribution utility, or a competitive electricity
provider, under Maine law.
The CHP Facility will be a privately owned and financed, behind-the-meter energy
system serving a single, master-planned mixed-use campus located entirely on privately
owned property in Portland, Maine commonly known as Portland Foreside
PF Land stated that, "the proposed cogeneration and sale of
thermal energy and electricity by CHP LLC will occur entirely over its privately owned
facilities located on private property, and all sales by CHP LLC will be limited to affiliated
entities within Portland Foreside’s single, master-planned development campus."
PF Land further said, "Electricity
and thermal energy will be sold only to subsidiaries, affiliates and other related entities of PFDC [Portland Foreside
Development Company LLC] solely for use at the buildings and improvements within the Portland Foreside
campus. CHP LLC will not offer, market or sell electricity to the general public, and no
electricity will be exported onto the transmission or distribution systems owned and/or
operated by Central Maine Power Company[.]"
PF Land cited statutory provisions as well as PUC precedent in support of its sought finding, including statute excluding CHP from the definition of a competitive electricity provider
PF Land said that the CHP Facility has been designed purposefully to operate
without interconnection to Central Maine Power Company’s distribution system
on the Portland peninsula
Docket 2026-00038
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February 16, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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