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Regulators reject utility proposal aimed at reporting illegal marijuana grows in Maine

Central Maine Power utility lines are seen, Wednesday, Oct. 6, 2021, in Pownal, Maine.
Robert F. Bukaty
/
AP file
Central Maine Power utility lines are seen, Wednesday, Oct. 6, 2021, in Pownal, Maine.

Maine regulators have rejected a proposal that would have allowed utilities to report high electricity usage to law enforcement, as a potential sign of illegal cannabis grow operations.

The proposed measure came at the suggestion of Versant Power, which said it has a high success rate in identifying illegal marijuana grows around Maine.

But company officials said they can't notify law enforcement unless they are issued a subpoena. In its filings to the Maine Public Utilities Commission, Versant said it's fielded subpoenas for at least 50 suspected locations so far.

The commission said Tuesday that the proposal would violate customer privacy. And Commissioner Patrick Scully said it should be up to law enforcement to identify suspected illegal activities.

"I do not believe it's the role of a utility to make such reports on its own initiative," he said Tuesday. "And I would be concerned that reports based solely on usage could expose customers engaged in lawful activities to criminal investigations."

The state's public utility advocate and Central Maine Power also opposed the measure.

A Versant spokesperson said the proposal was made in the interest of public and worker safety and was intended to speed up communication with law enforcement about suspected illegal marijuana grows in Maine.

"After the discussion and today's ruling, we have clear direction from the Commission, and we will remain vigilant in protecting customers' private information while continuing to work as mandated with law enforcement," the spokesperson said in a statement.

The proposal was part of a broader package of rule changes that regulators otherwise approved.