HB617: HB617 Public utilities; reestablish a consumer utility counsel to represent consumers in matters before the Public Service Commission or other agencies

25 LC 55 0471 House Bill 617 By: Representatives Romman of the 97th, Ridley of the 22nd, Lupton of the 83rd, Powell of the 33rd, Camp of the 135th, and others A BILL TO BE ENTITLED AN ACT To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and1 public transportation, so as to reestablish a consumer utility counsel to represent consumers2 in matters before the Public Service Commission or other agenci es concerning public3 utilities; to provide legislative findings; to provide definiti ons; to create the Office of the4 Consumers' Utility Counsel; to establish the position of direct or of such office; to provide5 for the appointment and compensation of the director; to provide reporting requirements of6 the director; to provide for the powers and duties of the direc tor; to provide for notice and7 service requirements; to authorize the director to take depositions and conduct discovery; to8 authorize the director to employ certain personnel; to require that certain employees of the9 Public Service Commission be made available to assist the director; to provide for statutory10 construction; to provide for related matters; to repeal conflic ting laws; and for other11 purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 SECTION 1.14 Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public15 transportation, is amended by revising Chapter 10, which is reserved, as follows:16 H. B. 617 - 1 - 25 LC 55 0471 "CHAPTER 1017 46-10-1.18 The General Assembly recognizes the importance of effective and economical public19 utilities to the economy of the State of Georgia. It is furthe r recognized that the citizens20 of Georgia should receive adequate utility services at the lowe st reasonable cost to the21 consumer while maintaining the ability of public utilities to f urnish their products and22 services. It is further recognized that consumers should receive the benefit of technological23 advances. It is the purpose of this chapter to ensure that the commission receives such24 information, particularly in those cases which directly involve the vast majority of25 Georgia's citizens.26 46-10-2.27 As used in this chapter, the term:28 (1) 'Consumer' means:29 (A) An individual user, primarily for personal, family, or household purposes, of the30 product or service of a public utility which is under the jurisdiction of the commission;31 or32 (B) Any sole proprietorship, partnership, corporation, or othe r entity which is a33 commercial user of the product or service of a public utility w hich is under the34 jurisdiction of the commission and which has ten or fewer employees and a net income35 after taxes of $100,000.00 per annum or less for federal income tax purposes.36 (2) 'Director' means the director of the office.37 (3) 'Office' means the Office of the Consumers' Utility Counsel.38 H. B. 617 - 2 - 25 LC 55 0471 46-10-3.39 (a) There is created the Office of the Consumers' Utility Counsel, which shall be assigned40 for administrative purposes only to the Department of Law. There is created the position41 of director of the office. The director shall be appointed and removed by a committee42 consisting of five members as follows, none of whom shall be employed by or be an officer43 of any utility while serving on the committee:44 (1) One member shall be a member of the House of Representativ es appointed by the45 majority leader of the House of Representatives;46 (2) One member shall be a member of the House of Representativ es appointed by the47 minority leader of the House of Representatives;48 (3) One member shall be a member of the Senate appointed by the majority leader of the49 Senate;50 (4) One member shall be a member of the Senate appointed by the minority leader of the51 Senate; and52 (5) One member shall be appointed by the Governor.53 (b) The director shall be a practicing attorney qualified by knowledge and experience to54 practice in public utility proceedings. The director shall rec eive compensation in an55 amount equal to the annual salary set for each district attorney in paragraph (21) of Code56 Section 45-7-4. In addition to such compensation, the director shall also receive57 reimbursement for his or her reasonable and necessary expenses incurred in the58 performance of his or her duties, as provided by law for state employees. The director shall59 not engage in the private practice of law while employed as director. The director shall,60 by December 31 of each year, submit a written report of the ann ual activities and61 expenditures of the office to the Governor, the Speaker of the House of Representatives,62 the President of the Senate, the chairperson of the House Committee on Energy, Utilities,63 and Telecommunications, and the chairperson of the Senate Regul ated Industries and64 Utilities Committee.65 H. B. 617 - 3 - 25 LC 55 0471 46-10-4.66 (a) The director shall be entitled to appear, as a party or ot herwise, on behalf of the67 consumers of this state of services provided by any person, firm, or corporation subject to68 the jurisdiction of the commission in all proceedings before th e commission which may69 involve or affect rates for service or services of utilities and in all other proceedings before70 the commission under its regulatory jurisdiction over utilities.71 (b) The director may also appear in the same representative ca pacity as provided in72 subsection (a) of this Code section in similar administrative p roceedings affecting the73 consumers of this state before any federal administrative agenc y or body which has74 regulatory jurisdiction over rates, services, and similar matters with respect to public utility75 services provided by any public utility doing business in this state.76 (c) The director shall be authorized in the same representativ e capacity as provided in77 subsection (a) of this Code section to initiate proceedings, by complaint or otherwise,78 before any federal or state administrative agency before which he or she is otherwise79 authorized to appear, with respect to matters properly within t he cognizance of those80 agencies.81 (d) The director shall be authorized in the same representativ e capacity as provided in82 subsection (a) of this Code section to initiate or intervene as of right or otherwise appear83 in any judicial proceeding involving or arising out of any action taken by an administrative84 agency in a proceeding in which the director is authorized to appear under subsection (a),85 (b), or (c) of this Code section.86 46-10-5.87 (a) In addition to other requirements of service and notice imposed by law, a copy of any88 application, complaint, pleading, or notice filed with or issue d by the commission89 concerning public utilities shall al so be served on the directo r, and the director shall be90 notified of any other correspondence or paper filed with or issued by the commission or its91 H. B. 617 - 4 - 25 LC 55 0471 staff concerning public utilities. The commission shall not proceed to hear or determine92 any petition, complaint, or proceeding in which the director is entitled to appear unless it93 shall affirmatively appear that the director was given at least t e n d a y s ' w r i t t e n n o t i c e94 thereof, unless such notice is affirmatively waived in writing or the director appears and95 specifically waives such notice.96 (b) The director is authorized to take depositions and obtain discovery of any matter which97 is not privileged and which is relevant to the subject matter involved in any proceeding or98 petition before the commission in the same manner and subject t o the same procedures99 which would otherwise be applicable if such proceeding was then pending before a100 superior court. The superior courts and the judges and clerks thereof are authorized to101 issue all orders, injunctions, and subpoenas and to take all actions necessary to carry out102 this subsection.103 46-10-6.104 The director is authorized to employ such assistants as he or s he may need and is105 authorized to employ or retain and fix the compensation of such consultants, expert106 witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical107 or clerical assistance, as may be necessary to carry out his or her duties; provided, however,108 that no such employment shall occur nor shall any contracts for p a y m e n t o f f e e s o r109 expenses be paid for consultants, expert witnesses, accountants , engineers, attorneys,110 investigators, stenographers, or other technical or clerical as sistance unless such111 employment or such contracts can be achieved using funds appropriated for such purposes. 112 The office shall keep suitable and proper records of all such e xpenditures. The113 compensation of the director and such staff shall be paid from state funds appropriated to114 the commission for the purpose of carrying out the provisions of this chapter.115 H. B. 617 - 5 - 25 LC 55 0471 46-10-7.116 Services of all engineers, experts, accountants, and other technical assistants employed by117 the commission shall be made available to the director in the p erformance of his or her118 duties. Such engineers, experts, accountants, and technical as sistants shall make such119 appraisals and audits as the director, with the approval of the commission, may request.120 The director and his or her staff shall have access to all records, files, reports, documents,121 and other information in the possession or custody of the commission to the same extent122 as the members of the commission and its staff have access thereto and subject to the same123 limitations imposed on the use thereof by the members of the commission and its staff.124 46-10-8.125 This chapter shall not be construed to prevent any party intere sted in any proceeding or126 action before the commission, any court, or any administrative body from appearing in127 person or by counsel in such proceeding or action. Reserved."128 SECTION 2.129 All laws and parts of laws in conflict with this Act are repealed.130 H. B. 617 - 6 -