Bill Text - SB449 (2010)

(New Title) relative to the designation of staff members as staff advocates in public utilities commission adjudicatory proceedings.


Revision: May 7, 2010, midnight

SB 449-FN – VERSION ADOPTED BY BOTH BODIES

03/10/10 0884s

05/05/10 1580eba

2010 SESSION

10-2918

06/09

SENATE BILL 449-FN

AN ACT relative to the designation of staff members as staff advocates in public utilities commission adjudicatory proceedings.

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

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill clarifies when staff members may be designated as staff advocates or decisional employees in adjudicatory proceedings of the public utilities commission.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/10/10 0884s

05/05/10 1580eba

10-2918

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to the designation of staff members as staff advocates in public utilities commission adjudicatory proceedings.

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

1 Designation of Employees. RSA 363:32 is repealed and reenacted to read as follows:

363:32 Designation of Employees.

I. 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 one or more members of its staff as a staff advocate, as defined in RSA 363:30, VIII, if requested by a party with full rights of participation in the proceeding, or upon its own initiative, when the commission determines that such members of its staff may not be able to fairly and neutrally advise the commission on all positions advanced in the proceeding.

II. Whenever the commission conducts an adjudicative proceeding in accordance with the provisions of RSA 541-A:31 through RSA 541-A:35, the commission may designate one or more members of its staff as a staff advocate, as defined in RSA 363:30, VIII, if requested by a party with full rights of participation in the proceeding, or upon its own initiative, at any time for good reason, including that: the proceeding is particularly controversial and significant in consequence; the proceeding is so contentious as to create a reasonable concern about staff's role; or it appears reasonable that such designations may increase the likelihood of a stipulated agreement by the parties.

III. Whenever the commission conducts an adjudicative proceeding in accordance with the provisions of RSA 541-A:31 through RSA 541-A:35, the commission may designate one or more members of its staff as a decisional employee, as defined in RSA 363:30, III, when the commission determines that such designation will contribute to the prompt and orderly conduct of the proceeding or is otherwise in the public interest.

IV. 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.

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

LBAO

10-2918

Amended 03/17/10

SB 449 FISCAL NOTE

AN ACT relative to the designation of staff members as staff advocates in public utilities commission adjudicatory proceedings.

FISCAL IMPACT:

    The Public Utilities Commission states this bill, as amended by the Senate (Amendment #2010-0884s), will have no fiscal impact on state, county and local expenditures or revenues.

METHODOLOGY:

    The Public Utilities Commission states this bill clarifies existing practices of the Commission relative to the designation of staff members as staff advocates in adjudicative proceedings.