Section 407-396-3 - UTILITY ENERGY EFFICIENCY PROCUREMENT CAPA.Utility Procurement Obligation.Each transmission and distribution utility shall comply with a Procurement Order to procure all electric energy efficiency resources found by the Commission to be cost-effective, reliable and achievable pursuant to Title 35-A, section 10104, subsection 4, subject to the Utility Procurement Cap.B.Utility Procurement Cap.The Commission may not issue a procurement order that results in an amount in rates for electric energy efficiency resources that exceeds 4% of total retail electricity and transmission and distribution sales in Maine.C.Determination of Amount of Sales Revenue.The total retail electricity and transmission and distribution sales in Maine shall be determined using the revenue from retail sales as reported for the State of Maine by the U.S. Energy Information Administration (EIA) in its Form EIA-861for the most recent available year. The Commission may use alternative sources of revenue from retail sales upon a finding that an alternative source of information has equivalent or greater reliability, is readily available, and reflects more recent retail sales. In determining the total retail electricity and transmission and distribution sales revenue, the Commission shall exclude all revenue included in utility rates from prior Procurement Orders, Assessments, Long-Term Contract Funds, or other amounts associated with funding for Efficiency Maine Trust electric energy efficiency programs.D.Determination of Amounts in Rates.In determining that the amount in rates for electric energy efficiency resources does not exceed 4% of total retail electricity and transmission and distribution sales, the Commission shall: 1.Procurement Order Funds.Include all amounts that will be in utility rates during the applicable Procurement Order period related to prior or current Procurement Orders issued pursuant to budgets in approved in Triennial Plans.2.Long-Term Contract Funds.Include all amounts that will be in utility rates during the applicable Procurement Order period related to Long-Term Contract Funds.3.Other Funds. Include all other amounts that will be in utility rates during the applicable Procurement Order period for Efficiency Maine Trust administered electric energy efficiency programs as reflected in approved Triennial Plans. 4.External Funds.Exclude External Funds.E.Determination of Procurement Cap.The Utility Procurement Cap for each fiscal year of the Efficiency Maine Trust's Triennial Plan shall be 4% of total retail electricity and transmission and distribution revenue in Maine as set forth in Section 3(C) above.F.Utility Annual Report.Each transmission and distribution utility shall file an annual report by March 1st of each year that contains all revenue included in utility rates for Efficiency Maine electric energy efficiency programs, including from prior Procurement Orders, Assessments, Long-Term Contract Funds, or other amounts associated with funding for electric energy efficiency programs, (i) during the two prior calendar years and (ii) expected during the fiscal year beginning July 1st of the current year.G.Cost Recovery.The cost of procurement of cost-effective electric energy efficiency resources pursuant to this chapter constitutes a just and reasonable utility expense that shall be recovered through transmission and distribution utility rates.65- 407 C.M.R. ch. 396, § 3