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1988 Maine Attorney General Reports and Opinions 1 (1988)

handle is hein.sag/sagme0016 and id is 1 raw text is: JAMES E. TIERNEY ATTORNEY GENERAL STATE OF MAINE DEPARTMENT OF THE ArrORNEV GENERAL STATE HOUSE STATION 6 AUGUSTA, MAINE 04333 February 1, 1988 Honorable John R. McKernan, Jr. Governor of Maine State House Station #1 Augusta, Maine 04333 Dear Governor McKernan: You have asked to what extent the activities of Mr. Lewis J. Perl as a consultant to parties to various proceedings before the Public Utilities Commission. would constitute a legal bar to his participation in pending and future proceedings at the Commission were he to be confirmed by the Legislature as a member of the Commission.1/ For the reasons which follow, it is the Opinion of this Department that, should he assume office, Mr. Perl must disqualify himself from the proceeding currently pending before the Commission with regard to the application of the Central Maine Power Company for a certificate of public convenience and necessity for the purchase of generating capacity and energy from Hydro-Quebec, any subsequent proceedings for the construction of power lines associated with such purchase, and any proceedings concerning the avoided cost of Central Maine Power Company cogeneration power purchases until a certificate for the Hydro-Quebec purchase is granted. He must also disqualify himself from the proceeding currently pending before the Commission concerning an examination of the New England Telephone Company's marginal cost methodology. With regard to other proceedings, including 1/ Your inquiry is specifically directed to Mr. Perl's consulting work for Central Maine Power Company with regard to its proposed purchase of generating capacity and energy from Hydro-Quebec. In the interest of completeness, however, this Department has asked the Public Utilities Commission to advise it of all of Mr. Perl's prior activities before the Commission to enable it to determine their effect, if any, on his participation as a Commission member.

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