Substitute Senate Bill No. 1091

Public Act No. 99-15

An Act Concerning Prosecutorial Staff at the Department of Public Utility Control.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 16-19j of the general statutes is repealed and the following is substituted in lieu thereof:

(a) [Notwithstanding any provision of the general statutes or of any regulation to the contrary, the] The Public Utilities Control Authority may require a portion of the staff of the department to be made a party to [the proceedings on any proposed rate amendment under section 16-19, provided the] any proceeding.

(b) Notwithstanding subsection (a) of this section, the authority shall require a portion of the staff to be made a party to [the] proceedings [on each] relating to (1) a rate amendment proposed pursuant to section 16-19 by [each] a public service company having more than seventy-five thousand customers, (2) the approval of performance-based incentives pursuant to subsection (b) of section 16-19a, or (3) the approval of any alternative form of regulation pursuant to section 16-247k, provided the authority shall not require a portion of the staff to be made a party to any proceeding described in this subsection if the authority issues a notice of its intent not to do so in writing. The notice shall include the reasons for not requiring a portion of the staff to be made a party. Upon petition of any party so noticed, the authority shall require a portion of the staff to be made a party.

(c) The provisions of section 4-181 shall apply to any proceeding in which a portion of department staff is made a party.

[(b)] (d) The department staff assigned to participate as a party to any [such] rate proceedings described in subdivision (1) of subsection (b) of this section shall review the proposed rate amendment filed by the company and shall file with the commissioners of the department proposed modifications of the rate amendment. Such modifications shall carry out the purposes of subsection (a) of section 16-19e and section 16a-35k. Such staff shall appear and participate in the proceedings in support of its proposed modifications and may employ outside consultants knowledgeable in the utility regulation field.

[(c) The members of the Public Utilities Control Authority shall not communicate directly or indirectly with the staff of the department participating as a party to any such proceedings or with any other party to the proceedings concerning any issue of fact or law involved in the proceedings, except upon notice and opportunity for all parties to participate.

(d) The members of such authority shall make their decision on a proposed rate amendment solely on the basis of the record of the proceedings, including all briefs and documents filed by the parties and intervenors.]

Approved May 12, 1999