BANGOR – The Maine Public Utilities Commission this week granted a request to reconsider whether an attorney can work for an energy supplier and an electricity transmitter at the same time.

Since electrical restructuring went into effect March 1, 2000, attorney Stephen Johnson has been employed by Maine Public Service, an electricity transmission and distribution company in northern Maine, as its general counsel. He also is employed by Energy Atlantic, an energy supplier that is wholly owned by MPS, as its vice president for unregulated activities.

Under the rules of electrical restructuring, the state’s three largest utilities – Bangor Hydro-Electric Co., Central Maine Power Co. and MPS – were told to sell their generators and work solely as power transmission and distribution companies.

But the PUC granted an exemption to MPS as long as it kept Energy Atlantic, a company that buys wholesale power and sells it at retail prices, separate from its transmission activities.

Energy Atlantic provides standard-offer electricity to residential customers in CMP’s service territory, and sells it at competitive prices to customers who select the company as their energy provider. Standard offer is the default rate people pay for electricity if they have not chosen another provider.

In northern Maine, WPS Energy Services questioned whether Johnson could work for both MPS and Energy Atlantic without a conflict arising. WPS sells standard-offer power to customers in MPS’ service territory.

In its complaint to the PUC, WPS wrote that Johnson is in a position to have access to competitive confidential information to the disadvantage of Energy Atlantic’s competitors. Further, WPS claimed MPS’ sharing of Johnson and other employees with Energy Atlantic is not in the public interest and creates an unreasonable risk of causing an “anti-competitive” effect.

In his affidavit to the PUC, Johnson stated that he had taken reasonable steps to avoid having access to information that would provide Energy Atlantic an advantage.

Johnson on Thursday said, “I will await the result of the investigation.”

PUC spokesman Phil Lindley said the commission has not yet set a time to reconsider WPS’ request.