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Excerpts from the Order:

SUMMARY 

Through this Order and Protective Order (Order), the Commission concludes the Office of the Public Advocate (OPA) has demonstrated good cause for access to information held by Central Maine Power Company (CMP) and Versant Power (Versant) and therefore directs CMP and Versant to file the information specified in this Order in the above-captioned docket. The Commission further concludes protective order treatment is warranted and therefore directs the utilities to file the specified information confidentially under this Order and publicly in redacted form. 

BACKGROUND 

“On July 7, 2025, Commission Staff issued a notice of proceeding in this docket regarding a request filed by the OPA. The OPA seeks access to data held by CMP and Versant related to the provision of residential supply service by licensed competitive electricity providers (CEPs) and standard offer providers (SOPs). The OPA submitted a proposed spreadsheet for data collection and a proposed protective order, under which CMP and Versant would file proprietary and customer-specific information. The OPA states it intends to use the information solely for the purpose of conducting studies and preparing reports regarding the rates and business practices of CEPs, and that it would aggregate customer-specific data and not disclose the identities of specific CEPs in the reports. 35-A M.R.S. § 1708(2) (2025); P.L. 2025, ch. 123, § 3 (emergency, effective May 29, 2025). The OPA states CMP and Versant do not object to filing the requested information, subject to the Commission authorizing them to do so and issuing an appropriate protective order.”

“As specified below, the OPA seeks the following proprietary and customer specific information, the “Designated Confidential Information,” under protective order to conduct a study and prepare a report required by recent legislation. P.L. 2025, ch. 123, § 3 (emergency, effective May 29, 2025). For each zip code in the CMP and Versant service territories, the OPA requests the following data for the months of May 2025, 2024, 2023, 2022, and 2021, and December 2024, 2023, 2022, 2021, and 2020: 

The name of each CEP operating in that zip code, the total number of residential accounts billed for that supplier at each supply rate offered by that supplier, the total kWh billed at each rate for supply, the total non-usage-based monthly fees (e.g. monthly service fees) if any, charged by the supplier (associated with each rate), and the total amount billed for supply on behalf of the CEP, including usage based and non-usage-based supply charges, but not delivery or transmission charges; and 

the number of all residential customers who subscribe to standard offer service (that is, customers who do not receive service from a competitive supplier) in that zip code.” 

“Regarding customers receiving low-income assistance, the OPA requests the following data for the months of May 2025, 2024, 2023, 2022, and 2021, and December 2024, 2023, 2022, 2021, and 2020: 

“The name of each CEP operating in that zip code, the total number of residential accounts enrolled in the low income assistance program billed for that supplier at each supply rate offered by that supplier, the total kWh billed for each rate for supply, the total non-usage-based monthly fees, if any, charged by the supplier (associated with each rate), and the total amount billed for supply on behalf of the CEP, including usage-based and non-usage-based supply charges, but not delivery or transmission charges; and the number of residential customers enrolled in the low income assistance program who subscribe to standard offer service (that is, customers who do not receive service from a competitive supplier) in that zip code.” 

Commission Staff provided an opportunity for intervention and comment on the OPA’s request. CMP and the Retail Energy Supply Association (RESA) filed petitions to intervene. 1 RESA filed comments in which it did not object to the OPA’s request but raised two concerns.” 

“RESA raised concerns about notice and access to information. First, citing unallocated language in the recent legislation underlying the OPA’s request, P.L. 2025, ch. 123, § 3 (emergency, effective May 29, 2025), RESA states the OPA has an obligation to provide notice to CEPs of an opportunity to participate in a consultation process, to make recommendations, and to comment on an anticipated report required by the recent legislation. Second, RESA states, to provide meaningful input on the anticipated study and report, stakeholders may need access to some, or all data requested by the OPA and to be filed in this docket under protective order. RESA acknowledges that any access to the data filed in this docket must be made in a manner that protects the competitively sensitive nature of the data and the privacy of customers. RESA requests guidance on how to access confidential data filed under protective order in this docket.”

“On July 30, 2025, Commission Staff issued a Recommended Decision and Protective Order and provided an opportunity for comment and exception. CMP and the OPA submitted comments.”

1. DISCUSSION AND CONCLUSIONS 

“As set forth above, Title 35-A provides that the OPA, upon a showing of good cause, may obtain information regarding CEPs and SOPs to carry out the OPA’s purposes under Title 35-A, subject to protective order where applicable. 35-A M.R.S. § 1708(2). Because the recently enacted unallocated legislation requires the OPA to conduct a study and produce a report regarding rates and business practice of SOPs and CEPs, the Commission concludes the OPA has demonstrated good cause for access to the Designated Confidential Information.” 

“Further, the Commission finds that the public release of the proprietary and customer-specific information could potentially have a negative impact on regulated entities and their customers, and, further, that the public’s interest in an open and fair proceeding will not be materially impacted by issuing a protective order as set forth in this Order. The Commission concludes that protective treatment of the requested proprietary and customer-specific information is warranted under 35-A M.R.S. § 1311-A and Rule 26(c) of the Maine Rules of Civil Procedure.” 

“CMP and Versant are therefore directed to file the Designated Confidential Information confidentially under this Order, and in accordance with paragraph seven below, file public, redacted versions of their filings. Any party at any time can move for a finding that material subject to protection should no longer be so treated or that such other party be provided access to said information pursuant to protective provisions. Unless such a motion is granted, however, use of proprietary and customer-specific information is restricted by the protective order terms set forth below.”

“As to RESA’s comments, the obligations or duties of the OPA under the unallocated language of the Act are beyond the scope of the above-captioned proceeding. This matter regards under what circumstances, and if so under what terms, the OPA may access confidential data related to a statutory purpose. 35-A M.R.S. § 1708(2). Therefore, the Commission refers RESA to the OPA with any notice concerns regarding the OPA’s anticipated study and report, which are not subject to Commission oversight. As to access to information filed in this docket, as noted above and as set forth in paragraph seven below, to balance the need for confidentiality and the public interest in transparency in the Commission’s dockets, the Commission directs CMP and Versant to file redacted versions of their filings. Commission Staff encourage the parties to work cooperatively on data sharing that does not disclose the proprietary and customer-specific information filed under protective order in this docket. The Commission otherwise directs RESA to ordering paragraph three below for the guidance it seeks on access under the protective order terms.”

Order And Protective Order No.1 (08/12/2025)
Docket No. 2025-00191
(Request For Order Providing Access To CEP Data Pertaining To The Office Of The Public Advocate)