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PUC Initiates Process To Implement New Opt-Out Municipal Aggregation Law, Seeks Comments On Customer Protection, Other Issues
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The Maine PUC has opened a proceeding to implement a previously reported new law (P.L. 2025, c. 665) which authorizes opt-out municipal electricity aggregation
See background on the new CCA law in Maine here
Among other things, the Maine PUC in a Notice of Inquiry requested comment on whether municipal aggregations should be subject to the same consumer protections applicable to retail electric suppliers, with the PUC citing a section of its current rules which govern a range of issues, including retail supplier marketing, disclosures, and financial fitness
P.L. 2025, c. 665 limits opt-out aggregation to residential and small commercial customers. The PUC asked for comment on how such customers should be defined
The law also directs the PUC to minimize "to the greatest extent practicable" the impacts to default service from CCAs, and the PUC sought comment on how to accomplish such
The PUC also sought comment on the length of the opt-out period and when pricing disclosures would be made to customers who could be enrolled on an opt-out basis
The PUC's full list of questions for comment are below:
1. In addition to the defined terms included in subsection 1 of Section 3219,
what other defined terms should be included in the Commission’s proposed
rule? Please provide proposed definitions for any such defined terms that
should be included in the rule.
2. The Act allows municipalities to aggregate the load of residential customers
and small commercial customers. How should the Commission define the
terms “residential customers” and “small commercial customers” for purposes
of its community choice aggregation rule?
3. What standards and criteria for approval should the Commission adopt for
community choice aggregation program plans under subsection 2, paragraph
of Section 3219?
4. To the extent known, please provide the anticipated timing through which a
community choice aggregation plan would be developed and implemented.
For example, at what point in the process will pricing be known? How long
after the filing of a community aggregation program plan will Commission
approval be needed?
5. How far in advance of the effective date of service under a community choice
aggregation program plan should customer notice be required to be
provided?
6. What should the process and deadlines be for customers opting out of a
community choice aggregation program?
7. What should the process and deadlines be for customers not originally
enrolled in a community choice aggregation program but subsequently opting
into such a program? What account information should such customers be
required to provide to the program suppliers and program consultants
pursuant to subsection 5(F) of Section 3219?
8. Subsection 10(J) of Section 3219 requires that the Commission adopt rule
provisions to minimize to the greatest extent practicable the impacts on
default (i.e., standard offer) service. What rule provisions should the
Commission develop in this regard? For example, should the timing of the
implementation of any approved community choice aggregation program be
coordinated with the timing of the Commission’s standard offer procurement
processes?
9. Subsection 5(A) of Section 3219 provides that a municipality or group of
municipalities may elect not to provide service to a customer under a
community choice aggregation program based on the customer’s utility
payment history. Should the Commission adopt parameters pursuant to which
this right may be exercised, such as a minimum number of missed payments
or a certain dollar amount that remains unpaid?
10. Subsection 5(D) of Section 3219 provides that a customer may be unenrolled
from a community choice aggregation program and returned to default service
for nonpayment of electricity services provided under a community choice
aggregation program. Should the Commission adopt parameters pursuant to
which this right may be exercised, such as a minimum number of missed
payments or a certain dollar amount that remains unpaid? Should this right
apply to nonpayment of charges for generation service only or should it apply
to payment for other energy-related products and services that may be
offered to customers under subsection 5(H) of Section 3219?
11. How detailed should the Commission’s rules be regarding the technical
requirements for the exchange of data between T&D utilities and program
suppliers and program consultants? Should the Maine Electronic Business
Transactions Standards set forth in Chapter 323 be applicable to the
exchange of data regarding community choice aggregation programs? Other
than the data set forth in subsection 7(C) of Section 3219, what other data
should T&D utilities be required to provide to program suppliers and program
consultants.
12. What changes would be necessary to the standard competitive electricity
provider service agreement adopted pursuant to section 10 of Chapter 322 in
order for that contract to be used for arrangements related to community
choice aggregation? What process should the Commission use for
developing such a contract?
13. Subsection 9 of Section 3219 provides that the federally recognized Indian
tribes in the State may establish community choice aggregation programs in
the same manner as municipalities subject to the Act. Will any additional or
different rule provisions be necessary in order to allow the federally
recognized tribes to engage in community choice aggregation?
14. What consumer protection and transparency requirements should apply to
community choice aggregation programs? Should these requirements be
similar to those set forth in section 4 of Chapter 305 of the Commission’s
rules regarding competitive electricity providers?
15. What process should be put in place to ensure that T&D utilities will not incur
any costs in implementing the requirements of the Act? Other than costs
related to provision of customer data, what costs are expected to be incurred
by T&D utilities in implementing the requirements of the Act?
Docket 2026-00210
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July 31, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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