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General Assembly Substitute Bill No. 1063
January Session, 2023
AN ACT CONCERNING UTILITY COMMISSIONERS OF THE PUBLIC
UTILITIES REGULATORY AUTHORITY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 16-2 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2023): 2
(a) There shall continue to be a Public Utilities Regulatory Authority 3
within the Department of Energy and Environmental Protection, 4
which shall [consist of five electors of this state] be under the direction 5
of three utility commissioners, appointed by the Governor with the 6
advice and consent of both houses of the General Assembly. Not more 7
than [three members] two utility commissioners of said authority in 8
office at any one time shall be members of any one political party. [The 9
Governor shall appoint five members to the authority.] The procedure 10
prescribed in section 4-7 shall apply to such appointments, except that 11
the Governor shall submit each nomination on or before May first, and 12
both houses shall confirm or reject it before adjournment sine die. Any 13
utility commissioner appointed by the Governor and confirmed by 14
both chambers of the General Assembly between February 1, 2019, and 15
June 1, 2019, shall serve a term expiring on March 1, 2024. Any utility 16
commissioner appointed by the Governor and confirmed by both 17
houses of the General Assembly between February 1, 2018, and June 1, 18
2018, shall serve a term expiring on March 1, 2022. [Between July 1, 19 Substitute Bill No. 1063
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2019, and May 1, 2020, the Governor shall appoint three utility 20
commissioners, provided one such commissioner shall serve a term 21
expiring on March 1, 2021, and two such commissioners shall serve 22
terms expiring on March 1, 2023.] Any utility commissioner appointed 23
on or after May 1, 2020, shall serve a term of four years. No utility 24
commissioner appointed on or after February 1, 2023, may serve more 25
than three such four-year terms. All utility commissioners shall be 26
electors of the state. The utility commissioners shall be sworn to the 27
faithful performance of their duties. 28
(b) [The authority shall elect] Each June, the utility commissioners 29
shall choose, from among them, a chairperson and vice-chairperson, 30
[each June] who shall serve for one-year terms starting on July first of 31
the same year. The vice-chairperson shall perform the duties of the 32
chairperson in his or her absence. 33
(c) Any matter coming before the authority may be assigned by the 34
chairperson to [a panel of three] one or more utility commissioners. 35
Except as otherwise provided by statute or regulation, [the panel] any 36
such utility commissioner shall determine whether a public hearing 37
shall be held on the matter, and may designate one or [more of its 38
members] two utility commissioners to conduct such hearing or may 39
assign a hearing officer to ascertain the facts and report thereon to [the 40
panel] any such utility commissioner or commissioners, as applicable. 41
The decision of [the panel] any such utility commissioner or 42
commissioners, as applicable, if unanimous, shall be the decision of the 43
authority. If the decision [of the panel] is not unanimous, the matter 44
shall be approved by a majority vote of all of the utility commissioners. 45
(d) The utility commissioners of the Public Utilities Regulatory 46
Authority shall serve full time and shall file a statement of financial 47
interests with the Office of State Ethics in accordance with section 1-83. 48
Each utility commissioner shall receive annually a salary equal to that 49
established for management pay plan salary group seventy-five by the 50
Commissioner of Administrative Services, except that the chairperson 51
shall receive annually a salary equal to that established for 52 Substitute Bill No. 1063
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management pay plan salary group seventy-seven. 53
(e) To insure the highest standard of public utility regulation, on 54
and after October 1, 2007, any newly appointed utility commissioner of 55
the authority shall have education or training and three or more years 56
of experience in one or more of the following fields: Economics, 57
engineering, law, accounting, finance, utility regulation, public or 58
government administration, consumer advocacy, business 59
management, and environmental management. On and after July 1, 60
1997, at least three of these fields shall be represented on the authority 61
by individual utility commissioners at all times. Any time a utility 62
commissioner is newly appointed, at least one of the utility 63
commissioners shall have experience in utility customer advocacy. 64
(f) (1) The chairperson of the authority, with the approval of the 65
Commissioner of Energy and Environmental Protection, shall 66
prescribe the duties of the staff assigned to the authority in order to (A) 67
conduct comprehensive planning with respect to the functions of the 68
authority; (B) cause the administrative organization of the authority to 69
be examined with a view to promoting economy and efficiency; and 70
(C) organize the authority into such divisions, bureaus or other units 71
as necessary for the efficient conduct of the business of the authority 72
and may from time to time make recommendations to the 73
Commissioner of Energy and Environmental Protection regarding staff 74
and resources. 75
(2) The chairperson of the Public Utilities Regulatory Authority, in 76
order to implement the comprehensive planning and organizational 77
structure established pursuant to subdivision (1) of this subsection, 78
shall (A) coordinate the activities of the authority and prescribe the 79
duties of the staff assigned to the authority; (B) for any proceeding on a 80
proposed rate amendment in which staff of the authority are to be 81
made a party pursuant to section 16-19j, determine which staff shall 82
appear and participate in the proceedings and which shall serve the 83
[members] utility commissioners of the authority; (C) enter into such 84
contractual agreements, in accordance with established procedures, as 85 Substitute Bill No. 1063
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may be necessary for the discharge of the authority's duties; (D) subject 86
to the provisions of section 4-32, and unless otherwise provided by 87
law, receive any money, revenue or services from the federal 88
government, corporations, associations or individuals, including 89
payments from the sale of printed matter or any other material or 90
services; and (E) require the staff of the authority to have expertise in 91
public utility engineering and accounting, finance, economics, 92
computers and rate design. 93
(g) No utility commissioner of the Public Utilities Regulatory 94
Authority or employee of the Department of Energy and 95
Environmental Protection assigned to work with the authority shall 96
have any interest, financial or otherwise, direct or indirect, or engage 97
in any business, employment, transaction or professional activity, or 98
incur any obligation of any nature, which is in substantial conflict with 99
the proper discharge of his or her duties or employment in the public 100
interest and of his or her responsibilities as prescribed in the laws of 101
this state, as defined in section 1-85, concerning any matter within the 102
jurisdiction of the authority; provided, no such substantial conflict 103
shall be deemed to exist solely by virtue of the fact that a utility 104
commissioner of the authority or employee of the department assigned 105
to work with the authority, or any business in which such a person has 106
an interest, receives utility service from one or more Connecticut 107
utilities under the normal rates and conditions of service. 108
(h) No utility commissioner of the Public Utilities Regulatory 109
Authority or employee of the Department of Energy and 110
Environmental Protection assigned to work with the authority, during 111
such assignment, shall accept other employment which will either 112
impair his or her independence of judgment as to his or her official 113
duties or employment or require him or her, or induce him or her, to 114
disclose confidential information acquired by him or her in the course 115
of and by reason of his or her official duties. 116
(i) No utility commissioner of the Public Utilities Regulatory 117
Authority or employee of the Department of Energy and 118 Substitute Bill No. 1063
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Environmental Protection assigned to work with the authority, during 119
such assignment, shall wilfully and knowingly disclose, for pecuniary 120
gain, to any other person, confidential information acquired by him or 121
her in the course of and by reason of his or her official duties or 122
employment or use any such information for the purpose of pecuniary 123
gain. 124
(j) No utility commissioner of the Public Utilities Regulatory 125
Authority or employee of the Department of Energy and 126
Environmental Protection assigned to work with the authority, during 127
such assignment, shall agree to accept, or be in partnership or 128
association with any person, or a member of a professional corporation 129
or in membership with any union or professional association which 130
partnership, association, professional corporation, union or 131
professional association agrees to accept any employment, fee or other 132
thing of value, or portion thereof, in consideration of his or her 133
appearing, agreeing to appear, or taking any other action on behalf of 134
another person before the authority, the Connecticut Siting Council, 135
the Office of Policy and Management or the Commissioner of Energy 136
and Environmental Protection. 137
(k) No utility commissioner of the Public Utilities Regulatory 138
Authority shall, for a period of one year following the termination of 139
his or her service as a utility commissioner, accept employment: (1) By 140
a public service company or by any person, firm or corporation 141
engaged in lobbying activities with regard to governmental regulation 142
of public service companies; (2) by a certified telecommunications 143
provider or by any person, firm or corporation engaged in lobbying 144
activities with regard to governmental regulation of persons, firms or 145
corporations so certified; or (3) by an electric supplier or by any 146
person, firm or corporation engaged in lobbying activities with regard 147
to governmental regulation of electric suppliers. No such utility 148
commissioner who is also an attorney shall in any capacity, appear or 149
participate in any matter, or accept any compensation regarding a 150
matter, before the authority, for a period of one year following the 151 Substitute Bill No. 1063
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termination of his or her service as a utility commissioner. 152
(l) The chairperson of the authority shall assign authority staff to 153
fulfill the duties of procurement manager where required pursuant to 154
this title and title 16a. 155
(m) Notwithstanding any provision of the general statutes, the 156
decisions of the Public Utilities Regulatory Authority, including, but 157
not limited to, decisions relating to rate amendments arising from the 158
Comprehensive Energy Strategy, the Integrated Resources Plan, the 159
Conservation and Load Management Plan and policies established by 160
the Department of Energy and Environmental Protection, shall be 161
guided by said strategy and plans and such policies. 162
(n) Two or more utility commissioners [serving on a panel 163
established] assigned a matter pursuant to subsection (c) of this section 164
may confer or communicate regarding the matter before such [panel] 165
commissioners. Any such conference or communication that does not 166
occur before the public at a hearing or proceeding shall not constitute a 167
meeting as defined in section 1-200. 168
Sec. 2. Section 16-4 of the general statutes is repealed and the 169
following is substituted in lieu thereof (Effective October 1, 2023): 170
No officer, employee, attorney or agent of any public service 171
company, of any certified telecommunications provider or of any 172
electric supplier shall be a [member] utility commissioner of the Public 173
Utilities Regulatory Authority or an employee of the Department of 174
Energy and Environmental Protection. 175
Sec. 3. Subdivision (2) of subsection (a) of section 16-1 of the general 176
statutes is repealed and the following is substituted in lieu thereof 177
(Effective October 1, 2023): 178
(2) "Utility commissioner" means a [member] utility commissioner 179
of the Public Utilities Regulatory Authority; 180 Substitute Bill No. 1063
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Sec. 4. Section 16-2c of the general statutes is repealed and the 181
following is substituted in lieu thereof (Effective October 1, 2023): 182
There is established a Division of Adjudication within the Public 183
Utilities Regulatory Authority. The staff of the division shall include, 184
but not be limited to, hearing officers appointed pursuant to 185
subsection (c) of section 16-2, as amended by this act. The 186
responsibilities of the division shall include, but not be limited to, 187
hearing matters assigned under said subsection and advising the 188
Public Utilities Regulatory Authority concerning legal issues. [A panel 189
of one] One or more utility commissioners may assign a hearing officer 190
pursuant to section 16-2, as amended by this act, and the chairperson 191
of the Public Utilities Regulatory Authority may assign such other staff 192
as are necessary to advise said chairperson. 193
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 16-2
Sec. 2 October 1, 2023 16-4
Sec. 3 October 1, 2023 16-1(a)(2)
Sec. 4 October 1, 2023 16-2c
ET Joint Favorable Subst.