Section 407-303-1 - General Provisions and DefinitionsA. Scope of Rule This rule addresses the procedures to be followed to determine whether an employee of an investor-owned utility or its successor is eligible to receive transition services and benefits, the standards under which the Commission will review a utility's employee benefits transition plan, and the regulatory treatment of the costs associated with providing the employee transition benefits.
B. Definitions1. Divestiture. "Divestiture" means the legal transfer of ownership and control of any generation asset by an electric utility or transmission and distribution utility (T&D) prior to March 1, 2000 (or a later date if the Commission grants an extension to the utility).2. Eligible Employee. "Eligible employee" means any employee of an electric utility who: (a) is not an officer of the utility;(b) is employed by the utility on January 1, 1998; and(c) is laid off, either by the investor-owned utility or the new owners of the divested generating facilities, due to retail competition (as defined below). An employee is not eligible if he/she is transferred within the company or among affiliated companies at similar levels of compensation.
3. Fringe Benefits. "Fringe benefits" means those benefits such as life insurance and pre-tax medical reimbursement accounts which the electric utility offers to its current employees either for purchase at group rates or as part of their compensation.4. Generation Assets. "Generation assets" include all real estate, fixtures and personal property owned, controlled, operated or managed in connection with, or to facilitate, the generation of electric power.5. Health Benefits. "Health benefits" means those benefits such as general health insurance, which the electric utility offers to its current employees either for purchase at group rates or as part of their compensation.6. New Owner. "New owner" means a regulated or unregulated entity which purchases the generation assets of an electric utility.7. Reasonable Accrual Increment Cost. "Reasonable accrual increment cost" means the incremental costs of the program over-and-above currently provided benefit costs which are included in current rates.8. Retail Access. "Retail access" means the right of consumers of electricity in Maine to purchase generation services directly from competitive electricity providers beginning on March 1, 2000.9. Retail Competition. "Retail competition" means:(1) retail access (as defined above); or(2) divestiture (as defined above).10. Benefits Administrator. "Benefits administrator" means the person in the human resources department or other relevant department of the electric utility who is responsible for administering this program.65- 407 C.M.R. ch. 303, § 1