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Utility Seeking To Run Load Aggregation, Which Would Authorize Restrictions On Customer Shopping, Revises Language For Deadline For Customers To Opt-Out, PUC Will Take More Time To Consider Proposal
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Kennebunk Light & Power District (KLPD) in Maine has revised language for the deadline under which customers could exercise their right to opt-out of a proposed load aggregation for KLPD's electricity Standard Offer service (default service), as the Maine PUC suspended proposed tariff revisions to allow for more time for consideration
Under Maine PUC rules, a consumer-owned transmission and distribution utility, such as Kennebunk Light & Power, may use a "load aggregation" process for standard offer service, with such being either a wholesale or retail load aggregation
As first reported by EnergyChoiceMatters.com, Kennebunk Light & Power is seeking to implement a load aggregation which may take the form of a retail aggregation, relying on a retail standard offer provider to serve customers, or a wholesale aggregation relying on full requirements supply from a wholesale supplier or supplier(s)
The load aggregation process may be seen as similar to opt-out municipal aggregation, except that the utility, rather than a municipality, is running the aggregation. Load aggregation does not need to comply with the otherwise prescriptive Standard Offer rules governing standard SOS procurement
See full background on load aggregation in Maine in ECM's prior story here
KLPD has agreed to one language change from its original load aggregation proposal as a result of comments from the Office of Public Advocate, concerning the opt-out deadline, although the practical effect of the language change may be immaterial versus the prior language due to discretion on when an opt-out notice is sent
As previously reported, KLPD originally proposed that customer opt-outs must be provided at least 30 days prior to the initiation of load aggregation service
Furthermore, KLPD sought a waiver of the current requirement that an opt-out notice must be provided at least 90 days but no greater than 120 days before the initiation of load aggregation service, with KLPD seeking PUC approval to send the notice to customers as soon as practicable. Under rule, the opt-out notice is not required to include the load aggregation price
KLPD's revised proposal, in response to OPA comments, would make clear that customers would be provided with 60 days, from the date of the opt-out notice, to execute an opt out. A 60-day period is the minimum required under the rules' current timeline (the rules' opt-out window could theoretically last between 60 days to 90 days depending on the specific date that the notice is sent in a 90-120 day window, due to the fact that utilities may, absent waiver, send the opt out notice anywhere from 120 days to 90 days before the start of the load aggregation)
KLPD indicated that OPA is amenable to the proposed change.
The 60-day opt-out period language was the only concern raised by OPA at an earlier case conference
Otherwise, KLPD does not propose any revisions to its proposed load aggregation tariff
As previously reported, the PUC's rules and KLPD's proposed tariff broadly provide that customers that do not opt-out of the standard offer load aggregation "may" be required to take standard offer service at specified load aggregation prices for a pre-specified term (i.e. a shopping restriction), with no specific minimum stay listed in the rule or tariff
Although the rule and tariff language may be clearer, it is understood that shopping customers are not included in the load aggregation on an opt-out basis. However, the tariff appears to require that shopping customers who do not wish to default to the load aggregation at the end of their competitive retail "contract" must affirmatively opt-out of service, during the initial opt-out window, in order to avoid defaulting to the aggregation at the end of their retail contract. The tariff states, "Customers taking service from a competitive electricity provider under a pre-existing contract that terminates after the initiation of the standard offer load aggregation service and do not opt-out by providing notice pursuant to part (b) will become part of the aggregation when the contract expires."
The tariff does not provide further details on when a retail supplier contract is considered to "expire" and whether renewals are considered expiration of an existing contract
No party other than OPA has participated in the proceeding
During a recent case conference, a representative for KLPD said that they believe that there are no residential customers currently being served by a competitive retail supplier at KLPD, and that one industrial customer is served by a competitive retail supplier
KLPD had requested an effective date of April 20, 2026 for its load aggregation tariff
The PUC on April 17 suspended the effectiveness of KLPD's proposed tariff revisions, to allow time for further review, with the PUC stating, "sufficient time does not exist prior to April 20, 2026 to allow the Commission to fully investigate the matter[.]"
As previously reported, a new Maine law has been enacted allowing opt-out municipal aggregation. Such law is limited to allowing opt-out CCAs at the investor-owned utilities, and does not allow opt-out municipal aggregation at the consumer-owned utilities such as KLPD. Furthermore, as noted above, only consumer-owned utilities may engage in the load aggregation process
Docket 2026-00067
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April 20, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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