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S1163......................................................by STATE AFFAIRS PUC - CONSUMER'S ADVOCATE DIVISION - Adds to existing law to create a Consumer's Advocate Division within the Public Utilities Commission; to provide for appointment and powers of the consumer's advocate; to specify the duty of certain public utilities to provide documents; and to authorize the consumer's advocate to represent customers' interests. 02/13 Senate intro - 1st rdg - to printing 02/14 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1163 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO CREATION OF A CONSUMER'S ADVOCATE WITHIN THE PUBLIC UTILITIES COM- 3 MISSION; AMENDING CHAPTER 2, TITLE 61, IDAHO CODE, BY THE ADDITION OF A 4 NEW SECTION 61-216, IDAHO CODE, TO CREATE THE CONSUMER'S ADVOCATE DIVISION 5 WITHIN THE PUBLIC UTILITIES COMMISSION, TO PROVIDE APPOINTMENT AND TO 6 REQUIRE OFFICE SPACE; AMENDING CHAPTER 2, TITLE 61, IDAHO CODE, BY THE 7 ADDITION OF A NEW SECTION 61-217, IDAHO CODE, TO PROVIDE POWERS OF THE 8 CONSUMER'S ADVOCATE; AMENDING CHAPTER 2, TITLE 61, IDAHO CODE, BY THE 9 ADDITION OF A NEW SECTION 61-218, IDAHO CODE, TO SPECIFY THE DUTY OF CER- 10 TAIN PUBLIC UTILITIES TO PROVIDE DOCUMENTS; AND AMENDING CHAPTER 2, TITLE 11 61, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 61-219, IDAHO CODE, TO 12 AUTHORIZE THE CONSUMER'S ADVOCATE TO REPRESENT CUSTOMERS' INTERESTS. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Chapter 2, Title 61, Idaho Code, be, and the same is 15 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 16 ignated as Section 61-216, Idaho Code, and to read as follows: 17 61-216. CONSUMER'S ADVOCATE DIVISION. There is created within the public 18 utilities commission the consumer's advocate division. The administrative head 19 of the division is the consumer's advocate who shall be appointed by the gov- 20 ernor, subject to confirmation by the senate, to a term of four (4) years. The 21 consumer's advocate must be knowledgeable in the various areas of the regula- 22 tion of public utilities. He must be independent of and have no pecuniary 23 interest in any utility or industry regulated by the public utilities commis- 24 sion. The governor may remove the consumer's advocate from office for ineffi- 25 ciency, neglect of duty or malfeasance in office. 26 The public utilities commission shall provide suitable offices properly 27 equipped for the consumer's advocate division. The consumer advocate shall 28 have the authority to employ such staff as is necessary to carry out the 29 duties and functions of the office, in accordance with the personnel practices 30 and procedures of the public utilities commission. 31 SECTION 2. That Chapter 2, Title 61, Idaho Code, be, and the same is 32 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 33 ignated as Section 61-217, Idaho Code, and to read as follows: 34 61-217. POWERS. The consumer's advocate may, with respect to all public 35 utilities except railroads and cooperative utilities: 36 (1) Conduct or contract for studies, surveys, research or expert testi- 37 mony relating to matters affecting the public interest or the interests of 38 utility customers. 39 (2) Examine any books, accounts, minutes, records or other papers or 40 property of any public utility subject to the regulatory authority of the pub- 41 lic utilities commission of Idaho in the same manner and to the same extent as 2 1 authorized by law for members of the public utilities commission and its 2 staff. 3 (3) Petition for, request, initiate, appear or intervene in any proceed- 4 ing concerning rates, charges, tariffs, modification of service or any related 5 matter before the public utilities commission or any court, regulatory body, 6 board, commission or agency having jurisdiction of any matter which the 7 consumer's advocate may bring before or has brought before the public utili- 8 ties commission or in which the public interests of any particular class of 9 utility customers are involved. The consumer's advocate may represent the pub- 10 lic interest or the interests of any particular class of utility customers in 11 any such proceeding, and he is a real party in interest in the proceeding. 12 (4) Apply for an order or subpoena for the appearance of witnesses or the 13 production of books, papers and documents in any proceeding in which he is a 14 party or intervenor, in the same manner as any other party or intervenor, and 15 make arrangements for and pay the fees or costs of any witnesses and consul- 16 tants necessary to the proceeding. If any person ordered by the public utili- 17 ties commission to appear before it as a witness pursuant to this subsection 18 fails to obey the order, the commission shall apply for a subpoena commanding 19 the attendance of the witness. 20 SECTION 3. That Chapter 2, Title 61, Idaho Code, be, and the same is 21 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 22 ignated as Section 61-218, Idaho Code, and to read as follows: 23 61-218. DUTY OF CERTAIN PUBLIC UTILITIES TO PROVIDE DOCUMENTS. All public 24 utilities, except railroads and cooperative utilities, shall provide the 25 consumer's advocate with copies of any proposed changes in rates or service, 26 correspondence, legal papers and other documents which are served on or deliv- 27 ered or mailed to the public utilities commission of Idaho. 28 SECTION 4. That Chapter 2, Title 61, Idaho Code, be, and the same is 29 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 30 ignated as Section 61-219, Idaho Code, and to read as follows: 31 61-219. REPRESENTATION OF CUSTOMERS' INTERESTS. (1) The consumer's advo- 32 cate has sole discretion to represent or refrain from representing the public 33 interest and any class of customers in any proceeding. 34 (2) In exercising his discretion, the consumer's advocate shall consider 35 the importance and extent of the public interest or the customers' interests 36 involved and whether those interests would be adequately represented without 37 his participation. 38 (3) If the consumer's advocate determines that there would be a conflict 39 between the public interest and any particular class of customers or any 40 inconsistent interests among the classes of customers involved in a particular 41 matter, he may choose to represent one (1) of those interests, to represent no 42 interest, or to represent one (1) interest through his office and another or 43 others through outside counsel engaged on a case-by-case basis.
. . . . . . . . . . . STATEMENT OF PURPOSE RS 10994 It is the purpose of this legislation to establish an ombudsman for the public at the Idaho Public Utilities Commission. This would establish a clearly recognizable contact for the people who wish to have their concerns on utility rate increases heard and considered by the IPUC. This ombudsman for the public would also be empowered to represent the people before the IPUC. FISCAL IMPACT It is anticipated that the cost of this proposal would be based upon 1 FTP (the ombudsman) and 1 FTP for support staff. Based on the current IPUC budget the salary range for the Ombudsman would be from $53,000 to $65,000 a year plus standard benefits. The salary range for the support staff would be from $50,000 to $63,000 a year plus standard benefits. The IPUC is funded solely by fees collected from regulated utilities in the amount of not more than 0.3% (currently .28%) of their intrastate revenues except for railroad which are assessed not more than 1% (currently .4987%) of their gross operating revenues derived from their intrastate business. There would be no impact to the general fund. Currently the IPtJC Fund has a "freefund" balance of $ 2,725,600.00 thus making the cost of this proposal minimal. Contact Name: Senator Shawn Keough Phone: 332 1000 STATEMENT OF PURPOSE/FISCAL NOTE S 1163