LCO No. 2482 1 of 7 General Assembly Raised Bill No. 1193 January Session, 2025 LCO No. 2482 Referred to Committee on ENERGY AND TECHNOLOGY Introduced by: (ET) AN ACT CONCERNING THE COMPOSITION 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 Section 16-2 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2025): 2 (a) There shall continue to be a Public Utilities Regulatory Authority 3 within the Department of Energy and Environmental Protection, which 4 shall consist of [five electors of this state,] three utility commissioners, 5 each of whom shall be an elector of the state and appointed by the 6 Governor with the advice and consent of both houses of the General 7 Assembly. Not more than [three members] two utility commissioners of 8 said authority in office at any one time shall be members of any one 9 political party. [The Governor shall appoint five members to the 10 authority.] The procedure prescribed in section 4-7 shall apply to such 11 appointments, except that the Governor shall submit each nomination 12 on or before May first, and both houses shall confirm or reject it before 13 adjournment sine die. Any utility commissioner appointed by the 14 Governor and confirmed by both chambers of the General Assembly 15 Raised Bill No. 1193 LCO No. 2482 2 of 7 between February 1, 2019, and June 1, 2019, shall serve a term expiring 16 on March 1, 2024. [Any utility commissioner appointed by the Governor 17 and confirmed by both houses of the General Assembly between 18 February 1, 2018, and June 1, 2018, shall serve a term expiring on March 19 1, 2022. Between July 1, 2019, and May 1, 2020, the Governor shall 20 appoint three utility commissioners, provided one such commissioner 21 shall serve a term expiring on March 1, 2021, and two such 22 commissioners shall serve terms expiring on March 1, 2023.] Any utility 23 commissioner appointed on or after May 1, 2020, shall serve a term of 24 four years. The utility commissioners shall be sworn to the faithful 25 performance of their duties. 26 (b) [Not later than June 30, 2023, and between] Between June first and 27 June thirtieth in each odd-numbered year, [thereafter,] the Governor 28 shall select the chairperson of the authority from among the utility 29 commissioners. The chairperson shall serve a two-year term starting on 30 July first of the same year. Each June, the utility commissioners shall 31 choose, from among said commissioners, a vice-chairperson, who shall 32 serve for a one-year term starting on July first of the same year. The vice-33 chairperson shall perform the duties of the chairperson in his or her 34 absence. 35 (c) Any matter coming before the authority may be assigned by the 36 chairperson to [a panel of three] one or more utility commissioners. 37 Except as otherwise provided by statute or regulation, [the panel] any 38 such utility commissioner shall determine whether a public hearing 39 shall be held on the matter, and may designate one or [more of its 40 members] two utility commissioners to conduct such hearing or may 41 assign a hearing officer to ascertain the facts and report thereon to the 42 [panel] designated commissioner or commissioners. The decision of [the 43 panel] any such designated utility commissioner or commissioners, as 44 applicable, if unanimous, shall be the decision of the authority. If the 45 decision [of the panel] is not unanimous, the matter shall be approved 46 by a majority vote of all of the utility commissioners. 47 Raised Bill No. 1193 LCO No. 2482 3 of 7 (d) The utility commissioners of the Public Utilities Regulatory 48 Authority shall serve full time and shall file a statement of financial 49 interests with the Office of State Ethics in accordance with section 1-83. 50 Each utility commissioner shall receive annually a salary equal to that 51 established for management pay plan salary group seventy-five by the 52 Commissioner of Administrative Services, except that the chairperson 53 shall receive annually a salary equal to that established for management 54 pay plan salary group seventy-seven. 55 (e) To insure the highest standard of public utility regulation, on and 56 after October 1, 2007, any newly appointed utility commissioner of the 57 authority shall have education or training and three or more years of 58 experience in one or more of the following fields: Economics, 59 engineering, law, accounting, finance, utility regulation, public or 60 government administration, consumer advocacy, business 61 management, and environmental management. On and after July 1, 62 1997, at least three of these fields shall be represented on the authority 63 by individual utility commissioners at all times. Any time a utility 64 commissioner is newly appointed, at least one of the utility 65 commissioners shall have experience in utility customer advocacy. 66 (f) (1) The chairperson of the authority, with the approval of the 67 Commissioner of Energy and Environmental Protection, shall prescribe 68 the duties of the staff assigned to the authority in order to (A) conduct 69 comprehensive planning with respect to the functions of the authority; 70 (B) cause the administrative organization of the authority to be 71 examined with a view to promoting economy and efficiency; and (C) 72 organize the authority into such divisions, bureaus or other units as 73 necessary for the efficient conduct of the business of the authority and 74 may from time to time make recommendations to the Commissioner of 75 Energy and Environmental Protection regarding staff and resources. 76 (2) The chairperson of the Public Utilities Regulatory Authority, in 77 order to implement the comprehensive planning and organizational 78 structure established pursuant to subdivision (1) of this subsection, shall 79 Raised Bill No. 1193 LCO No. 2482 4 of 7 (A) coordinate the activities of the authority and prescribe the duties of 80 the staff assigned to the authority; (B) for any proceeding on a proposed 81 rate amendment in which staff of the authority are to be made a party 82 pursuant to section 16-19j, determine which staff shall appear and 83 participate in the proceedings and which shall serve the [members of 84 the authority] utility commissioners; (C) enter into such contractual 85 agreements, in accordance with established procedures, as may be 86 necessary for the discharge of the authority's duties; (D) subject to the 87 provisions of section 4-32, and unless otherwise provided by law, 88 receive any money, revenue or services from the federal government, 89 corporations, associations or individuals, including payments from the 90 sale of printed matter or any other material or services; and (E) require 91 the staff of the authority to have expertise in public utility engineering 92 and accounting, finance, economics, computers and rate design. 93 (g) No utility commissioner of the Public Utilities Regulatory 94 Authority or employee of the Department of Energy and Environmental 95 Protection assigned to work with the authority shall have any interest, 96 financial or otherwise, direct or indirect, or engage in any business, 97 employment, transaction or professional activity, or incur any 98 obligation of any nature, which is in substantial conflict with the proper 99 discharge of his or her duties or employment in the public interest and 100 of his or her responsibilities as prescribed in the laws of this state, as 101 defined in section 1-85, concerning any matter within the jurisdiction of 102 the authority; provided, no such substantial conflict shall be deemed to 103 exist solely by virtue of the fact that a utility commissioner of the 104 authority or employee of the department assigned to work with the 105 authority, or any business in which such a person has an interest, 106 receives utility service from one or more Connecticut utilities under the 107 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 Environmental 110 Protection assigned to work with the authority, during such assignment, 111 shall accept other employment which will either impair his or her 112 Raised Bill No. 1193 LCO No. 2482 5 of 7 independence of judgment as to his or her official duties or employment 113 or require him or her, or induce him or her, to disclose confidential 114 information acquired by him or her in the course of and by reason of his 115 or her official duties. 116 (i) No utility commissioner of the Public Utilities Regulatory 117 Authority or employee of the Department of Energy and Environmental 118 Protection assigned to work with the authority, during such assignment, 119 shall wilfully and knowingly disclose, for pecuniary gain, to any other 120 person, confidential information acquired by him or her in the course of 121 and by reason of his or her official duties or employment or use any such 122 information for the purpose of pecuniary gain. 123 (j) No utility commissioner of the Public Utilities Regulatory 124 Authority or employee of the Department of Energy and Environmental 125 Protection assigned to work with the authority, during such assignment, 126 shall agree to accept, or be in partnership or association with any person, 127 or a member of a professional corporation or in membership with any 128 union or professional association which partnership, association, 129 professional corporation, union or professional association agrees to 130 accept any employment, fee or other thing of value, or portion thereof, 131 in consideration of his or her appearing, agreeing to appear, or taking 132 any other action on behalf of another person before the authority, the 133 Connecticut Siting Council, the Office of Policy and Management or the 134 Commissioner of Energy and Environmental Protection. 135 (k) No utility commissioner of the Public Utilities Regulatory 136 Authority shall, for a period of one year following the termination of his 137 or her service as a utility commissioner, accept employment: (1) By a 138 public service company or by any person, firm or corporation engaged 139 in lobbying activities with regard to governmental regulation of public 140 service companies; (2) by a certified telecommunications provider or by 141 any person, firm or corporation engaged in lobbying activities with 142 regard to governmental regulation of persons, firms or corporations so 143 certified; or (3) by an electric supplier or by any person, firm or 144 Raised Bill No. 1193 LCO No. 2482 6 of 7 corporation engaged in lobbying activities with regard to governmental 145 regulation of electric suppliers. No such utility commissioner who is 146 also an attorney shall in any capacity, appear or participate in any 147 matter, or accept any compensation regarding a matter, before the 148 authority, for a period of one year following the termination of his or 149 her service as a utility commissioner. 150 (l) The chairperson of the authority shall assign authority staff to 151 fulfill the duties of procurement manager where required pursuant to 152 this title and title 16a. 153 (m) Notwithstanding any provision of the general statutes, the 154 decisions of the Public Utilities Regulatory Authority, including, but not 155 limited to, decisions relating to rate amendments arising from the 156 Comprehensive Energy Strategy, the Integrated Resources Plan, the 157 Conservation and Load Management Plan and policies established by 158 the Department of Energy and Environmental Protection, shall be 159 guided by said strategy and plans and such policies. 160 (n) Two or more utility commissioners [serving on a panel 161 established] assigned a matter pursuant to subsection (c) of this section 162 may confer or communicate regarding the matter before such [panel] 163 commissioners. Any such conference or communication that does not 164 occur before the public at a hearing or proceeding shall not constitute a 165 meeting as defined in section 1-200. 166 Sec. 2. Section 16-6 of the general statutes is repealed and the 167 following is substituted in lieu thereof (Effective October 1, 2025): 168 The Public Utilities Regulatory Authority shall keep [its] the 169 authority's office open during [the usual] normal business hours and 170 shall keep all of [its] the authority's records in such office. The authority 171 shall keep a record of all communications addressed to [it, or to any of 172 its members or employees, officially,] the authority, the utility 173 commissioners and any employee of the authority acting in such 174 employee's official capacity, of all [its and their] the official acts and 175 Raised Bill No. 1193 LCO No. 2482 7 of 7 proceedings of the authority, the utility commissioners and any 176 employee of the authority and of all facts learned in relation to any 177 casualty or accident, with the names of the persons from whom such 178 facts were obtained or by whom they may be proved.179 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2025 16-2 Sec. 2 October 1, 2025 16-6 Statement of Purpose: To reduce the maximum number of members of the Public Utilities Regulatory Authority from five to three. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]