Panel advances bill on negative‑pricing contract terms and PUC NWA language

House Energy, Utilities and Technology Committee (Work Session) · March 5, 2026

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Summary

The committee voted to report LD 897 'ought to pass as amended,' directing the Public Utilities Commission language on negative pricing in competitive solicitations and incorporating the nonwires alternative draft; members debated inclusion of section 7 language and an emergency preamble before removing that section by friendly amendment.

The House Energy, Utilities and Technology Committee took up LD 897, a concept draft that would impose required contract language governing negative pricing for energy procured through competitive solicitations overseen by the Public Utilities Commission and would also allow incorporation of nonwires alternative (NWA) language from a recent PUC report.

Lindsey summarized the draft and said the public hearing included recommendations to add NWA assessment language and to consider an emergency preamble. "The language which was distributed prior to the public hearing replaces the bill, and it changes the requirements for contract provisions governing negative pricing in contracts for energy resulting from competitive solicitations conducted by the Public Utilities Commission," the analyst said.

Chair Sachs moved that the committee report the measure 'ought to pass as amended' to include the sponsor's February 25 amendment and the NWA draft; Representative Kilton Webb seconded. Members caucused briefly to consider whether to include section 7 language and the possibility of an emergency clause; the chair then offered a friendly amendment removing section 7 from this bill.

Representative Steve Foster questioned duplication and sought confirmation that the Department of Energy Resources would coordinate with Efficiency Maine Trust on program overlap; the chair confirmed staff would follow up. The committee completed a roll‑call vote on the amended motion; the clerk reported seven votes in favor, five opposed and one absence, and the committee closed the work session on LD 897.

The committee also discussed directing staff to work with the PUC on emergency language if members chose to revisit that path. The bill advances with the committee’s amended recommendation and will proceed to language review and subsequent steps.