Governor Nominates Retired Judges to Serve on the Public Utilities Commission

AUGUSTA, Maine – Today, Governor Paul LePage appointed three retired judges to serve as a potential temporary commissioner at the Maine Public Utilities Commission (MPUC).  The nominations are pursuant to recently enacted legislation that establishes a procedure to maintain a quorum at the Commission, in specific cases where two Commissioners are unable to serve.

LD 1860, which passed by the Legislature and was signed into law by the Governor last week, was a bipartisan proposal to ensure a quorum will be possible at the Commission.  For the first time in many years, two of the three sitting PUC commissioners have recused themselves from an ongoing utility case, due to a potential conflict of interest with one of the parties.  The case in question is PUC docket #2012-00487, a Commission initiated investigation into lease agreement and contract for bulk water sales between Fryeburg Water Company and Nestle Waters of North America.   Nestle is the owner of the Poland Spring Water label.  The recusals left only one commissioner, while two are required to make a decision on the case.

The bill, introduced by Rep. Diane Russell of Portland, authorizes the Governor to appoint three retired judges to comprise a pool of 'alternate commissioners' from which the PUC will randomly select to ensure a quorum, in the event that two or more commissioners are unable to serve due to conflict, injury, or illness.  The Governor has appointed Judges John Atwood and Francis Marsano, as well as Justice Paul Rudman to serve as the alternate commissioners.

The Governor's appointees will now face a confirmation hearing before the Energy, Utilities, and Technology Committee, when the Legislature is anticipated to reconvene on May 1st.

The PUC's letter to Governor LePage notifying him of the lack of a quorum:  http://www.maine.gov/tools/whatsnew/attach.php?id=618966&an=1