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December 31, 2013

Bill seeks to avoid stalemate at PUC

Lawmakers will consider a bill during the next legislative session that stands to overcome a conflict-of-interest problem that prevented the Maine Public Utilities Commission from issuing a decision on a 25-year water rate contract involving Nestlé Waters North America, owner of Poland Spring.

The Portland Press Herald reported the bill, sponsored by Rep. Diane Russell, D-Portland, would allow the governor — subject to confirmation by the Maine Senate — to nominate five alternate PUC commissioners who could be selected in the event of a conflict of interest.

In the case of the contract between Nestlé Waters and the Fryeburg Water Co., two PUC commissioners had a previous connection to the Nestlé company. That rare circumstance resulted in multiple recusals that made a majority vote impossible.

The paper reported that, in a multiple-recusal situation on the three-person board, alternate commissioners without a similar conflict would be selected by lottery. If the bill is passed as drafted, it would allow the commision to issue a decision on the Nestlé Waters proposal. For the time being, the companies are continuing to operate under an existing contract.

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