Section 407-305-1 - GENERAL PROVISIONS AND DEFINITIONSA.Scope of Rule. This Chapter applies to competitive electricity providers, who must be licensed to sell electricity at retail in Maine, and third-party sales agents, who must be registered in Maine. Competitive electricity providers include marketers, brokers and aggregators. This Chapter establishes licensing criteria and procedures, annual reporting requirements, enforcement provisions, and consumer protections standards.B.Definitions. For the purposes of this Chapter, the following terms have the following meanings: 1.Affiliated Interest. "Affiliated interest" means:a. Any person who owns directly, indirectly or through a chain of successive ownership, 10% or more of the voting securities of an applicant or licensee;b. Any person, 10% or more of whose voting securities are owned, directly or indirectly, by an affiliated interest as defined in subparagraph (a);c. Any person, 10% or more of whose voting securities are owned, directly or indirectly, by an applicant or licensee;d. Any person, or group of persons acting in concert, which exercises substantial influence over the policies and actions of an applicant or licensee, provided that the person or group of persons beneficially owns more than 3% of the applicant or licensee's voting securities.2.Aggregate. "Aggregate" means to organize individual electricity consumers into a group or entity for the purpose of purchasing electricity on a group basis.3.Aggregator. "Aggregator" means an entity that gathers individual customers together for the purpose of purchasing electricity.4.Applicant. "Applicant" means any entity that has filed an application for a license as a competitive electricity provider.5.Broker. "Broker" means an entity that acts as an agent or intermediary in the sale and purchase of electricity but that does not take title to electricity.6.Commission. "Commission" means the Maine Public Utilities Commission.7.Competitive Electricity Provider. "Competitive electricity provider" means a marketer, broker or aggregator, unless brokers and aggregators are expressly excluded from a provision of this Chapter.8.Complaint. "Complaint" means a grievance of a customer about the application of any provision of this Chapter by a competitive electricity provider or third-party sales agent.9.Customer. "Customer" means any person who has requested, will receive or is receiving generation service or aggregator or broker service from a competitive electricity provider. This term includes an applicant for generation services when the context addresses the process of application for generation service in this Chapter.10.Door-to-door sales. "Door-to-door sales" means the practice by which a representative of a competitive electricity provider, including a third-party sales agent, solicits or sells electric services to residential or small commercial consumers by means of personal visits to consumers at locations other than the representative's place of business. "Door-to-door sales" does not include sales conducted entirely by mail, telephone or other electronic means; sales conducted during a scheduled appointment at a consumer's residence or place of business; or sales conducted following an initial contact that was solicited by the consumer.11.Enroll. "Enroll" means the assignment of a customer to a competitive electricity provider pursuant to Chapter 322 of the Commission's rules.12.Entity. "Entity" means a person or organization, including but not limited to any political, governmental, quasi-governmental, corporate, business, professional, trade, agricultural, cooperative, for-profit or nonprofit organization.13.Generation Service. "Generation service" means the provision of electric power to a retail customer through a transmission and distribution utility but does not encompass any activity related to the transmission or distribution of that power.14.GIS Certificates. "GIS certificates" mean certificates created pursuant to NEPOOL Generation Information System that represent attributes of electric power and that may be traded separately from the energy commodity.15.ISO-NE. "ISO-NE" means the Independent System Operator of the New England bulk power system.16.Large Non-Residential Customer. "Large Non-Residential Customer" means a non-residential customer that is not a small non-residential customer or a medium non-residential customer.17.Maritimes Control Area. "Maritimes control area" means the area in which the New Brunswick Power Corporation operates the Maritimes bulk power system.18.Marketer. "Marketer" means an entity that as an intermediary purchases electricity and takes title to electricity for sale to retail customers.19.Medium Non-Residential Customer. "Medium Non-Residential Customer" means a non-residential customer that is taking service from a transmission and distribution utility under terms and conditions that includes a demand charge and in which the customer's maximum demand does not exceed 500 kilowatts or the kilowatt breakpoint that is closest to but does not exceed 500 kW.20.NAR. "NAR" means the Northern American Renewables Registry.21.NAR Certificates. NAR certificates mean certificates created pursuant to the Northern American Renewables Registry that represent attributes of electric power and that may be traded separately from the energy commodity.22.NMISA. "NMISA" means the Northern Maine Independent System Administrator of the electricity market in northern Maine.23.Northern Maine. "Northern Maine" means the area of Maine that is located in the Maritimes control area.24.Residential Customer. "Residential customer" means a customer taking service as a residential customer under the terms and conditions of the applicable transmission and distribution utility.25.Small Non-Residential Customer. "Small non-residential customer" means a non-residential customer taking service from an investor-owned transmission and distribution utility under terms and conditions that do not include a demand charge or a non-residential customer that is taking service from a consumer-owned transmission and distribution utility with a demand of 20 kilowatts or less.26.Third-party sales agent. "Third-party sales agent" means a person or entity that has a business relationship with a competitive electricity provider in which the person or entity conducts or arranges to conduct residential or small commercial consumer sales of electricity to the public at retail on behalf of the competitive electricity provider through door-to-door sales. "Third-party sales agent" does not include an employee of a competitive electricity provider, and does not include an employee, contractor, or other person working on behalf of a third-party sales agent if the employing entity is registered by the Commission as a third-party sales agent in accordance with Title 35-A and this Chapter.27.Transmission and Distribution Utility. "Transmission and distribution utility" means a person, its lessees, trustees, receivers or trustees appointed by a court, owning, controlling, operating or managing a transmission and distribution plant for compensation within the State.28.Indexed Variable Rate or Charge. "Indexed Variable Rate or Charge" means any rate or charge that varies over the duration of the term of service where the rate or charge is reasonably related to a public index or otherwise reasonably determined through a readily accessible formula.29.Non-indexed Variable Rate or Charge. "Non-indexed Variable Rate or Charge" means any rate or charge that varies over the duration of the term of service other than an Indexed Variable Rate or Charge.65-407 C.M.R. ch. 305, § 1