Section 407-691-2 - Notice of intent to sellWhenever a consumer-owned water utility intends to sell or transfer water resource land, the utility shall provide the following notices:
A. Notice to the Commission. At least eight months prior to the sale of water resource land, the utility shall notify the Commission of the utility's intent to sell the land. The notice to the Commission shall contain the following: (i) Legal and physical descriptions and a plot plan of the property to be sold.(ii) A statement explaining the reasons why the utility intends to sell the land.(iii) A statement explaining why the utility no longer needs the land to provide utility service. The Commission may, in its discretion, request that additional data be provided, in order to fully evaluate the sale under this rule.
B. Notice to municipalities and utilities with charter rights. At the time of notification to the Commission as described in paragraph 2(A) above, the utility shall also notify the municipality or municipalities where the water resource land in question is located and any other utility that has charter rights to any surface water supply directly associated with the water resource land being sold. This notice shall provide the same information as described in paragraph 2(A) above, and shall cite this rule and 35-A M.R.S.A. §6109. The notice shall also advise the municipality or municipalities that it has an assignable right of first refusal under 35-A M.R.S.A. §6109(5).C. Newspaper notice. Within 30 days of notifying the Commission under paragraph 2(A) above, the utility shall provide newspaper notice of the intended sale in a newspaper of general circulation in the area served by the utility, and a newspaper of general circulation in the area in which the water resource land is located. The notice shall include all of the information specified in paragraph 2(A) above, except for the plot plan, as well as citations to 35-A M.R.S.A. §6109 and this rule. Copies of all notices under this paragraph shall be filed with the Commission.
65- 407 C.M.R. ch. 691, § 2