

About The Author:
Robert A. Olson is a partner in the law firm of
Brown, Olson & Wilson, P.C. which maintains a nationwide practice in energy law,
public utility law and related commercial transactions.
He can be reached at:
Brown, Olson & Gould, PC
2 Delta Drive, Suite 301
Concord, NH 03301 rolson@bowlaw.com | (603) 225-9716
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December 2002
Maine PUC Skeptical of Competition in Electric
Distribution Service
by Robert Olson -- Brown, Olson and Wilson, P.C.
(originally published by PMA OnLine Magazine:
2002/12/30)
The Maine Public Utilities Commission (“PUC”)
has rejected the petition of a municipal utility for
approval to compete for the sale of electric
distribution services in a region of the municipality already served by
another utility. See Kennebunk Light & Power District, Docket
No. 2002-196 (Maine PUC October 4, 2002). The PUC found that municipal
utility could not make the requisite showing of “public need.” Furthermore, even were it
possible to make such a showing, the PUC questioned
whether broader considerations of “public
convenience and necessity” could be satisfied. In particular, the PUC
pointed to the potential for duplication of distribution facilities, or the displacement of one utility by the other,
with resulting higher costs.
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