Bill Text - SB449 (2010)

Relative to ex parte communications of staff advocates and decisional employees in public utilities commission adjudicatory proceedings.


Revision: Jan. 15, 2010, midnight

SB 449-FN – AS INTRODUCED

2010 SESSION

10-2918

06/09

SENATE BILL 449-FN

AN ACT relative to ex parte communications of staff advocates and decisional employees in public utilities commission adjudicatory proceedings.

SPONSORS: Sen. Cilley, Dist 6; Rep. R. Read, Rock 16

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill clarifies permissible ex parte communications in adjudicatory proceedings of the public utilities commission.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2918

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to ex parte communications of staff advocates and decisional employees in public utilities commission adjudicatory proceedings.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Designation of Employees. Amend RSA 363:32 to read as follows:

363:32 Designation of Employees.

I.(a) Whenever the commission conducts an adjudicative proceeding in accordance with the provisions of RSA 541-A:31 through RSA 541-A:35, the commission shall designate members of its staff as staff advocates and decisional employees as defined in RSA 363:30, III and VIII on its own initiative, or if requested by a party with full rights of participation in the proceeding, when one or more of the following exist:

(1) It appears that staff members have committed or are likely to commit to a [highly adversarial] position in the proceeding [and may not be able to fairly and neutrally advise the commission on all positions advanced in the proceeding];

(2) The docket concerns an issue or matter which is particularly contentious or controversial [and] or which is significant in consequence;

(3) The issues in the docket are so contested as to create reasonable concern on the part of any party about the staff's role in commission decision making; or

(4) It appears reasonable that such designations may increase the likelihood of a stipulated agreement of the parties.

(b) Unless the commission provides otherwise, any such designations shall only be applicable to a specified adjudicative proceeding. The commission shall make a list of all current designations available to the public.

(c) Although any party who is a full intervenor may make a motion to designate pursuant to paragraph I at any point during the proceeding, if the motion is made later than 20 days after staff members have filed testimony, the commission may deny the motion solely on the grounds that it is administratively unworkable because such motion has been filed so late in the proceeding.

II. The commission may, on its own initiative, designate members of its staff as staff advocates and decisional employees.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

10-2918

01/13/10

SB 449-FN - FISCAL NOTE

AN ACT relative to ex parte communications of staff advocates and decisional employees in public utilities commission adjudicatory proceedings.

FISCAL IMPACT:

      The Public Utilities Commission states this bill may increase state restricted expenditures and state restricted revenue by $924,222 in FY 2011, $935,472 in FY 2012, $983,427 in FY 2013 and $1,033,264 in FY 2014. The Commission also states this bill may increase state, county and local expenditures in FY 2011 and each year thereafter. There is no fiscal impact on county and local revenue.

METHODOLOGY:

    The Public Utilities Commission states this bill requires Commission staff be designated as advocates or advisors in every case in which the staff take a position. This change would impact the majority of the Commission’s dockets. The Commission’s practice is to staff all dockets with technical and legal advisors. The staff members analyze evidence, participate in discovery, negotiate settlements, and make recommendations or file testimony and legal briefs in dockets. During deliberation on contested and non-contested cases, staff members may be asked to assist the Public Utilities Commissioners on technical aspects of a case and draft opinions. Not allowing the staff to work in a dual role and requiring staff to be designated as advocate or advisor in every case will result in the need for approximately 10 additional staff. The Commission estimates it would need one administrator IV (LG 33), 2 hearings officers (LG 34), 4 utility analyst IV positions (LG 30), 2 utility analyst III positions (LG 28), and one program assistant II position (LG 15). The Commission assumes it will not require any additional positions until FY 2011. The costs for the positions would be as follows:

                      LBAO

                      10-2918

                      01/13/10

 

FY 2011

FY 2012

FY 2013

FY 2014

Personnel

$549,901

$574,533

$600,757

$627,356

Benefits

249,321

267,488

287,221

308,410

Current Expense

25,500

26,138

26,791

27,461

Equipment

33,500

0

0

0

Office Space

52,500

53,813

55,158

56,537

Travel

13,500

13,500

13,500

13,500

Total

$924,222

$935,472

$983,427

$1,033,264

    The Commission states it is funded by assessments on regulated entities. Annual assessments are levied on each utility based on the proportion of its respective revenues to the total of all utility revenues. The Commission states the addition of 10 employees would result in an increase of 3.3 cents for each $100 of utility bills a customer pays. The Commission has no information on the utility bills paid by state, county or local governments to estimate the potential increase in expenditures for those entities.

    This bill does not contain authorization or appropriation for positions.