2001 Legislation
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SENATE BILL NO. 1163 – PUC, consumer’s advocate division

SENATE BILL NO. 1163

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN 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 / Fiscal Impact


 . . . . . . . . . . . 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