Maine Revised Statutes
Chapter 13: PROCEDURE
35-A §1310-A. Intervenor funding

§1310-A. Intervenor funding
1. Qualification for funding. Consistent with rules adopted by the commission pursuant to subsection 3, the commission may order or provide funding in accordance with subsection 2 to an intervenor in a commission proceeding upon a finding that:
A. The position of the intervenor is not adequately represented by the Office of the Public Advocate or commission staff; [PL 2021, c. 736, §2 (NEW).]
B. The intervenor is likely to substantially contribute to the proceeding and to assist in the resolution of the issues raised in the proceeding; and [PL 2021, c. 736, §2 (NEW).]
C. Participation in the proceeding by the intervenor would impose a significant financial hardship on the intervenor. [PL 2021, c. 736, §2 (NEW).]
[PL 2021, c. 736, §2 (NEW).]
2. Funding sources. If the commission finds pursuant to subsection 1 that an intervenor in a commission proceeding qualifies for funding, the commission may, consistent with rules adopted by the commission pursuant to subsection 3:
A. Order a utility involved in the commission proceeding to compensate the intervenor. Compensation provided by a utility under this paragraph may be recovered in rates; or [PL 2021, c. 736, §2 (NEW).]
B. Provide compensation to the intervenor from the Public Utilities Commission Regulatory Fund established pursuant to section 116 and filing fees, subject to the commission's determination that funds are available for that purpose. [PL 2021, c. 736, §2 (NEW).]
[PL 2021, c. 736, §2 (NEW).]
3. Rules. The commission shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
A. Rules adopted by the commission pursuant to this subsection must include, but are not limited to:
(1) The process by which the commission will determine whether an intervenor qualifies for funding;
(2) Identification of which expenses incurred by an intervenor may qualify for funding, which types of proceedings intervenor funding will be available for and the point in an eligible proceeding at which an intervenor qualifying for funding will be provided with the funding;
(3) The process by which the commission will ensure that funding provided to an intervenor is used properly and the process by which funding provided to an intervenor that is not entirely used by the intervenor may be recovered by the commission; and
(4) The methods by which the commission will ensure that the public is notified about the availability of intervenor funding under this section. [PL 2021, c. 736, §2 (NEW).]
B. Rules adopted by the commission pursuant to this subsection may include, but are not limited to:
(1) Establishment of a cap on the amount of funding that a qualified intervenor may be provided in a commission proceeding;
(2) Establishment of a process by which the commission will give priority under this section to qualified intervenors representing environmental justice populations. If the commission establishes such a process by rule, the commission, in consultation with the Department of Environmental Protection, shall include in that rule a definition for "environmental justice populations" that is consistent with any definition for that term adopted by the department in a department rule; and
(3) Any other provisions the commission determines necessary for the implementation of this section. [PL 2021, c. 736, §2 (NEW).]
[PL 2021, c. 736, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 736, §2 (NEW).