Conn. Gen. Stat. § 16-2: Public Utilities Regulatory Authority. Utility commissioners. Staff.
Where this section sits in the code
- TITLE 16. PUBLIC SERVICE COMPANIES
- CHAPTER 277. DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION. PUBLIC UTILITIES REGULATORY AUTHORITY. OFFICE OF CONSUMER COUNSEL. MISCELLANEOUS PROVISIONS
(a) There shall continue to be a Public Utilities Regulatory Authority within the Department of Energy and Environmental Protection for administrative purposes only, which shall consist of five electors of this state, appointed by the Governor with the advice and consent of both houses of the General Assembly. Not more than three utility commissioners in office at any one time shall be members of any one political party. The Governor shall appoint five members to the authority. The procedure prescribed in section 4-7 shall apply to such appointments, except that the Governor shall submit each nomination on or before May first, and both houses shall confirm or reject it before adjournment sine die. Any utility commissioner appointed on or after January 1, 2025, shall serve a term beginning on the date such utility commissioner is appointed and qualified and continuing for four years from the July first immediately following the date of appointment by the Governor, and may continue in office until a successor is appointed and qualified. The utility commissioners shall be sworn to the faithful performance of their duties. The chairperson serves as the chief executive of the authority for administrative purposes.
(b) Not later than June 30, 2023, and between June first and June thirtieth in each odd-numbered year thereafter, the Governor shall select the chairperson of the authority from among the utility commissioners. The chairperson shall serve a two-year term starting on July first of the same year. Each June, the utility commissioners shall choose, from among said commissioners, a vice-chairperson, who shall serve for a one-year term starting on July first of the same year. The vice-chairperson shall perform the duties of the chairperson in his or her absence.
(c) Any matter coming before the authority may be assigned by the chairperson to a panel of three or more utility commissioners, except that proceedings to amend rates conducted pursuant to section 16-19 shall consist of all the appointed and qualifying utility commissioners. If a panel consists of three utility commissioners, not more than two members of the panel shall be members of any one political party. Except as otherwise provided by statute or regulation, the panel shall determine whether a public hearing shall be held on the matter, and may designate one or more of its members to conduct such hearing or may assign a hearing officer to ascertain the facts and report thereon to the panel. The decision of the panel, if unanimous, shall be the decision of the authority. If the decision of the panel is not unanimous, the matter shall be approved by a majority vote of the utility commissioners. The votes of each utility commissioner on any decision shall be reduced to writing, recorded in the minutes of the session at which such vote was taken and posted on the Internet web site of the authority within forty-eight hours of such vote.
(d) The utility commissioners of the Public Utilities Regulatory Authority shall serve full time and shall file a statement of financial interests with the Office of State Ethics in accordance with section 1-83. Each utility commissioner shall receive annually a salary equal to that established for management pay plan salary group seventy-five by the Commissioner of Administrative Services, except that the chairperson shall receive annually a salary equal to that established for management pay plan salary group seventy-seven.
(e) To ensure the highest standard of public utility regulation, on and after October 1, 2007, any newly appointed utility commissioner of the authority shall have education or training and three or more years of experience in one or more of the following fields: Economics, engineering, law, accounting, finance, utility regulation, public or government administration, consumer advocacy, business management, and environmental management. On and after July 1, 1997, at least three of these fields shall be represented on the authority by individual utility commissioners at all times. Any time a utility commissioner is newly appointed, at least one of the utility commissioners shall have experience in utility customer advocacy.
(f) (1) The chairperson of the authority shall prescribe the duties of the staff of the authority and organize the authority into such divisions, bureaus or other units as necessary for the efficient conduct of the business of the authority.
(2) The chairperson of the Public Utilities Regulatory Authority shall: (A) Coordinate the activities of the authority and prescribe the duties of the staff of the authority, including, but not limited to, assigning staff to fulfill the duties of the procurement manager where required pursuant to this title and title 16a; (B) for any proceeding on a proposed rate amendment in which staff of the authority are to be made a party pursuant to section 16-19j, determine which staff shall appear and participate in the proceedings and which shall serve the utility commissioners; (C) enter into such contractual agreements, in accordance with established procedures, as may be necessary for the discharge of the authority's duties; (D) subject to the provisions of section 4-32, and unless otherwise provided by law, receive any money, revenue or services from the federal government, corporations, associations or individuals, including payments from the sale of printed matter or any other material or services; (E) require the staff of the authority to have expertise in public utility engineering and accounting, finance, economics, computers and rate design; and (F) ensure that utility commissioners who choose to write a concurring or dissenting opinion are provided staff to assist in writing such opinion.
(g) No utility commissioner or employee of the authority shall have any interest, financial or otherwise, direct or indirect, or engage in any business, employment, transaction or professional activity, or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his or her duties or employment in the public interest and of his or her responsibilities as prescribed in the laws of this state, as defined in section 1-85, concerning any matter within the jurisdiction of the authority; provided, no such substantial conflict shall be deemed to exist solely by virtue of the fact that a utility commissioner of the authority or employee of the department assigned to work with the authority, or any business in which such a person has an interest, receives utility service from one or more Connecticut utilities under the normal rates and conditions of service.
(h) No utility commissioner or employee of the authority shall accept other employment which will either impair his or her independence of judgment as to his or her official duties or employment. No current or former utility commissioner or employee of the authority shall accept other employment that would require him or her, or induce him or her, to disclose confidential information acquired by him or her in the course of and by reason of his or her official duties.
(i) No utility commissioner or employee of the authority shall wilfully and knowingly disclose, for pecuniary gain, to any other person, confidential information acquired by him or her in the course of and by reason of his or her official duties or employment or use any such information for the purpose of pecuniary gain.
(j) No utility commissioner or employee of the authority shall agree to accept, or be in partnership or association with any person, or a member of a professional corporation or in membership with any union or professional association which partnership, association, professional corporation, union or professional association agrees to accept any employment, fee or other thing of value, or portion thereof, in consideration of his or her appearing, agreeing to appear, or taking any other action on behalf of another person before the authority, the Connecticut Siting Council, the Office of Policy and Management or the Commissioner of Energy and Environmental Protection.
(k) On and after July 1, 2025, no utility commissioner shall, for a period of one year following the termination of his or her service as a utility commissioner, accept employment: (1) By a public service company or by any person, firm or corporation engaged in lobbying activities or legal representation with regard to governmental regulation of public service companies; (2) by a certified telecommunications provider or by any person, firm or corporation engaged in lobbying activities or legal representation with regard to governmental regulation of persons, firms or corporations so certified; (3) by an electric supplier or by any person, firm or corporation engaged in lobbying activities or legal representation with regard to governmental regulation of electric suppliers; or (4) by any related entity, as defined in section 12-218c, of any entity described in subdivisions (1) to (3), inclusive, of this subsection, for any purpose described in subdivisions (1) to (3), inclusive, of this subsection. No such utility commissioner shall in any capacity, appear or participate in any matter, or accept any compensation regarding a matter, before the authority, for a period of one year following the termination of his or her service as a utility commissioner.
(l) The chairperson of the authority shall assign authority staff to fulfill the duties of procurement manager where required pursuant to this title and title 16a.
(m) Notwithstanding any provision of the general statutes, the decisions of the Public Utilities Regulatory Authority, including, but not limited to, decisions relating to rate amendments arising from the Comprehensive Energy Strategy, the Integrated Resources Plan, the Conservation and Load Management Plan and policies established by the Department of Energy and Environmental Protection, shall be guided by said strategy and plans and such policies.
(n) Two or more utility commissioners serving on a panel established pursuant to subsection (c) of this section may confer or communicate regarding the matter before such panel. Any such conference or communication that does not occur before the public at a hearing or proceeding shall not constitute a meeting as defined in section 1-200.
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