Bill Text: CT HB06592 | 2011 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Operations Of The Department Of Public Utility Control.
Sponsorship: Committee Bill
Status: (Introduced - Dead) 2011-05-10 - Tabled for the Calendar, House [HB06592 Detail]
Download: Connecticut-2011-HB06592-Comm_Sub.html
General Assembly |
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January Session, 2011 |
*_____HB06592FIN___051011____* |
AN ACT CONCERNING THE OPERATIONS OF THE DEPARTMENT OF PUBLIC UTILITY CONTROL.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (h) of section 16-19b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(h) The Department of Public Utility Control shall continually monitor and oversee the application of the purchased gas adjustment clause, the energy adjustment clause, and the transmission rate adjustment clause. [The] For the energy adjustment clause and the transmission rate adjustment clause, the department shall hold a public hearing thereon whenever the department deems it necessary, but no less frequently than once every six months. [, and] For the purchased gas adjustment clause, the department shall hold a public hearing thereon whenever the department deems it necessary or upon application of the Office of Consumer Counsel, but no less frequently than annually. The department shall undertake such other proceeding [thereon] on the energy adjustment clause, the transmission rate adjustment clause and the purchased gas adjustment clause to determine whether charges or credits made under such clauses reflect the actual prices paid for purchased gas or energy and the actual transmission costs and are computed in accordance with the applicable clause. If the department finds that such charges or credits do not reflect the actual prices paid for purchased gas or energy, and the actual transmission costs or are not computed in accordance with the applicable clause, it shall recompute such charges or credits and shall direct the company to take such action as may be required to insure that such charges or credits properly reflect the actual prices paid for purchased gas or energy and the actual transmission costs and are computed in accordance with the applicable clause for the applicable period.
Sec. 2. Section 16-18a of the general statutes is amended by adding subsection (d) as follows (Effective from passage):
(NEW) (d) For any proceeding before the Federal Energy Regulatory Commission, the United States Department of Energy, the United States Nuclear Regulatory Commission, the United States Securities and Exchange Commission, the Federal Trade Commission, the United States Department of Justice or the Federal Communications Commission, the department may retain consultants to assist its staff in such proceeding by providing expertise in areas in which staff expertise does not currently exist or to supplement staff expertise. All reasonable and proper expenses of such expert consultants shall be borne by the public service companies, certified telecommunications providers, electric suppliers or gas registrants affected by the decisions of such proceeding and shall be paid at such times and in such manner as the department directs, provided such expenses (1) shall be apportioned in proportion to the revenues of each affected entity as reported to the department pursuant to section 16-49 for the most recent period, and (2) shall not exceed two hundred fifty thousand dollars per proceeding, including any appeals thereof, in any calendar year unless the department finds good cause for exceeding the limit. The department shall recognize all such expenses as proper business expenses of the affected entities for ratemaking purposes pursuant to section 16-19e, if applicable.
Sec. 3. Section 16-35 of the general statutes is amended by adding subsection (c) as follows (Effective from passage):
(NEW) (c) Notwithstanding any provision of this title and title 16a, proceedings in which the Department of Public Utility Control conducts a request for proposals or any other procurement process for the purpose of acquiring electricity products or services for the benefit of ratepayers shall be uncontested.
Sec. 4. Subsection (c) of section 16-262j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) Each public service company, certified telecommunications provider and electric supplier shall pay interest on any security deposit it receives from a customer at the average rate paid, as of December 30, 1992, on savings deposits by insured commercial banks as published in the Federal Reserve Board bulletin and rounded to the nearest one-tenth of one percentage point, except in no event shall the rate be less than one and one-half per cent. On and after January 1, 1994, the rate for each calendar year shall be not less than the deposit index, as defined and determined by the Banking Commissioner in subsection (d) of this section, for that year and rounded to the nearest one-tenth of one percentage point, except in no event shall the rate be less than one and one-half per cent.
Sec. 5. Subdivision (1) of subsection (c) of section 16-8a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) (1) Not more than [thirty] ninety business days after receipt of a written complaint, in a form prescribed by the department, by an employee alleging the employee's employer has retaliated against an employee in violation of subsection (a) of this section, the department shall make a preliminary finding in accordance with this subsection.
Sec. 6. Subdivision (1) of subsection (b) of section 16-262c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) (1) From November first to May first, inclusive, no electric or electric distribution company, as defined in section 16-1, no electric supplier and no municipal utility furnishing electricity shall terminate, deny or refuse to reinstate residential electric service in hardship cases where the customer lacks the financial resources to pay his or her entire account. From November first to May first, inclusive, no gas company and no municipal utility furnishing gas shall terminate, deny or refuse to reinstate residential gas service in hardship cases where the customer uses such gas for heat and lacks the financial resources to pay his or her entire account, except a gas company that, between May second and October thirty-first, terminated gas service to a residential customer who uses gas for heat and who, during the previous period of November first to May first, had gas service maintained because of hardship status, may refuse to reinstate the gas service from November first to May first, inclusive, only if the customer has failed to pay, since the preceding November first, the lesser of: (A) Twenty per cent of the outstanding principal balance owed the gas company as of the date of termination, (B) one hundred dollars, or (C) the minimum payments due under the customer's amortization agreement. Notwithstanding any other provision of the general statutes to the contrary, no electric, electric distribution or gas company, no electric supplier and no municipal utility furnishing electricity or gas shall terminate, deny or refuse to reinstate residential electric or gas service where the customer lacks the financial resources to pay his or her entire account and for which customer or a member of the customer's household the termination, denial of or failure to reinstate such service would create a life-threatening situation.
Sec. 7. Subsection (e) of section 16a-3a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(e) The board, in consultation with the regional independent system operator, shall review and approve or review, modify and approve the proposed procurement plan as submitted not later than one hundred twenty days after receipt. For calendar years 2009 and thereafter, the board shall conduct such review not later than sixty days after receipt. For the purpose of reviewing the plan, the Commissioners of Transportation and Agriculture and the chairperson of the Public Utilities Control Authority, or their respective designees, shall not participate as members of the board. The electric distribution companies shall provide any additional information requested by the board that is relevant to the consideration of the procurement plan. In the course of conducting such review, the board shall conduct a public hearing, may retain the services of a third-party entity with experience in the area of energy procurement and may consult with the regional independent system operator. The board shall submit the reviewed procurement plan, together with a statement of any unresolved issues, to the Department of Public Utility Control. The department shall consider the procurement plan in an uncontested proceeding and shall conduct a hearing and provide an opportunity for interested parties to submit comments regarding the procurement plan. Not later than one hundred twenty days after submission of the procurement plan, the department shall approve, or modify and approve, the procurement plan, except that for calendar years 2011 and thereafter, the department shall approve, or modify and approve, the procurement plan not later than one hundred fifty days after submission of such procurement plan.
Sec. 8. Subsection (a) of section 16-19 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) No public service company may charge rates in excess of those previously approved by the authority or the Department of Public Utility Control except that any rate approved by the Public Utilities Commission or the authority shall be permitted until amended by the authority or the department, that rates not approved by the authority or the department may be charged pursuant to subsection (b) of this section, and that the hearing requirements with respect to adjustment clauses are as set forth in section 16-19b, as amended by this act. Each public service company shall file any proposed amendment of its existing rates with the department in such form and in accordance with such reasonable regulations as the department may prescribe. Each electric, electric distribution, gas or telephone company filing a proposed amendment shall also file with the department an estimate of the effects of the amendment, for various levels of consumption, on the household budgets of high and moderate income customers and customers having household incomes not more than one hundred fifty per cent of the federal poverty level. Each electric and electric distribution company shall also file such an estimate for space heating customers. Each water company, except a water company that provides water to its customers less than six consecutive months in a calendar year, filing a proposed amendment, shall also file with the department a plan for promoting water conservation by customers in such form and in accordance with a memorandum of understanding entered into by the department pursuant to section 4-67e. Each public service company shall notify each customer who would be affected by the proposed amendment, by mail, at least one week prior to the public hearing thereon but no earlier than six weeks prior to the start of the public hearing, that an amendment has been or will be requested. Such notice shall also indicate (1) the [Department of Public Utility Control] date, time and location of each scheduled public hearing, if known by such company at the time such company prepares such notification, (2) that customers may provide comments regarding the proposed rate request by writing to the Department of Public Utility Control or by appearing in person at one of the scheduled public hearings, (3) the department's telephone number for obtaining information concerning the schedule for public hearings on the proposed amendment, and [(2)] (4) whether the proposed amendment would, in the company's best estimate, increase any rate or charge by twenty per cent or more, and, if so, describe in general terms any such rate or charge and the amount of the proposed increase, provided no such company shall be required to provide more than one form of the notice to each class of its customers. In the case of a proposed amendment to the rates of any public service company, the department shall hold a public hearing thereon, except as permitted with respect to interim rate amendments by subsection (d) and subsection (g) of this section, and shall make such investigation of such proposed amendment of rates as is necessary to determine whether such rates conform to the principles and guidelines set forth in section 16-19e, or are unreasonably discriminatory or more or less than just, reasonable and adequate, or that the service furnished by such company is inadequate to or in excess of public necessity and convenience. The department, if in its opinion such action appears necessary or suitable in the public interest may, and, upon written petition or complaint of the state, under direction of the Governor, shall, make the aforesaid investigation of any such proposed amendment which does not involve an alteration in rates. If the department finds any proposed amendment of rates to not conform to the principles and guidelines set forth in section 16-19e, or to be unreasonably discriminatory or more or less than just, reasonable and adequate to enable such company to provide properly for the public convenience, necessity and welfare, or the service to be inadequate or excessive, it shall determine and prescribe, as appropriate, an adequate service to be furnished or just and reasonable maximum rates and charges to be made by such company. In the case of a proposed amendment filed by an electric, electric distribution, gas or telephone company, the department shall also adjust the estimate filed under this subsection of the effects of the amendment on the household budgets of the company's customers, in accordance with the rates and charges approved by the department. The department shall issue a final decision on each rate filing within one hundred fifty days from the proposed effective date thereof, provided it may, before the end of such period and upon notifying all parties and intervenors to the proceedings, extend the period by thirty days.
Sec. 9. Subsection (b) of section 16-19kk of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) The department shall complete, on or before December 31, 1991, an investigation into the relationship between a company's volume of sales and its earnings. The department shall, on or before July 1, 1993, implement rate-making and other procedures and practices in order to encourage the implementation of conservation and load management programs and other programs authorized by the department promoting the state's economic development, energy and other policy. Such procedures to implement a modification or elimination of any direct relationship between the volume of sales and the earnings of electric, gas, telephone and water companies may include the adoption of a sales adjustment clause pursuant to subsection [(i)] (j) of section 16-19b, as amended by this act, or other adjustment clause similar thereto. The department's investigation shall include a review of its regulations and policies to identify any existing disincentives to the development and implementation of cost effective conservation and load management programs and other programs promoting the state's economic development, energy and other policy.
Sec. 10. Subdivision (4) of subsection (a) of section 16-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(4) "Public service company" includes electric, electric distribution, gas, telephone, telegraph, pipeline, sewage, water and community antenna television companies and holders of a certificate of cable franchise authority, owning, leasing, maintaining, operating, managing or controlling plants or parts of plants or equipment, and all express companies having special privileges on railroads within this state, but shall not include telegraph company functions concerning intrastate money order service, towns, cities, boroughs, any municipal corporation or department thereof, whether separately incorporated or not, a private power producer, as defined in section 16-243b, or an exempt wholesale generator, as defined in [15 USC 79z-5a] the United States Code or the Code of Federal Regulations;
Sec. 11. Subdivision (8) of subsection (a) of section 16-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(8) "Electric company" includes, until an electric company has been unbundled in accordance with the provisions of section 16-244e, every person owning, leasing, maintaining, operating, managing or controlling poles, wires, conduits or other fixtures, along public highways or streets, for the transmission or distribution of electric current for sale for light, heat or power within this state, or, engaged in generating electricity to be so transmitted or distributed for such purpose, but shall not include (A) a private power producer, as defined in section 16-243b, (B) an exempt wholesale generator, as defined in [15 USC 79z-5a] the United States Code or the Code of Federal Regulations, (C) a municipal electric utility established under chapter 101, (D) a municipal electric energy cooperative established under chapter 101a, (E) an electric cooperative established under chapter 597, or (F) any other electric utility owned, leased, maintained, operated, managed or controlled by any unit of local government under any general statute or any public or special act;
Sec. 12. Section 16-41 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) (1) Each [(1)] (A) public service company and its officers, agents and employees, [(2)] (B) electric supplier or person providing electric generation services without a license in violation of section 16-245, and its officers, agents and employees, [(3)] (C) certified telecommunications provider or person providing telecommunications services without authorization pursuant to sections 16-247f to 16-247h, inclusive, and its officers, agents and employees, [(4) person,] (D) public agency or public utility, as such terms are defined in section 16-345, subject to the requirements of chapter 293, [(5)] (E) person subject to the registration requirements under section 16-258a, [(6)] (F) cellular mobile telephone carrier, as described in section 16-250b, [(7)] (G) Connecticut electric efficiency partner, as defined in section 16-243v, [and (8)] (H) company, as defined in section 16-49, and (I) person, as defined in section 16-1, shall obey, observe and comply with all applicable provisions of this title and each applicable order made or applicable regulations adopted by the Department of Public Utility Control by virtue of this title as long as the same remains in force. Any such company, electric supplier, certified telecommunications provider, cellular mobile telephone carrier, Connecticut electric efficiency partner, person, any officer, agent or employee thereof, public agency or public utility which the department finds has failed to obey or comply with any such provision of this title, order or regulation shall be fined by order of the department in accordance with the penalty prescribed for the violated provision of this title or, if no penalty is prescribed, not more than ten thousand dollars for each offense, except that the penalty shall be a fine of not more than forty thousand dollars for failure to comply with an order of the department made in accordance with the provisions of section 16-19, as amended by this act, or 16-247k or within thirty days of such order or within any specific time period for compliance specified in such order. Each distinct violation of any such provision of this title, order or regulation shall be a separate offense and, in case of a continued violation, each day thereof shall be deemed a separate offense. Each such penalty and any interest charged pursuant to subsection (g) or (h) of section 16-49 shall be excluded from operating expenses for purposes of rate-making.
(2) Whenever it appears to the department, after an investigation, that any company, electric supplier, certified telecommunications provider, cellular mobile telephone carrier, Connecticut electric efficiency partner or person, any officer, agent or employee thereof, or any public agency or public utility, has violated any provision of this title, or any regulation, rule or order adopted or issued under this title, the department may, in addition to any other remedy under this section, order such party to (A) make restitution of any sums shown to have been obtained in violation of any such provision, plus interest, at the legal rate set forth in section 37-1, (B) provide disgorgement of any sums shown to have been obtained in violation of any provision of this title or any such regulation, rule or order, or (C) both make restitution and provide disgorgement.
(b) Any regional water authority, any regional water district, any municipal gas or electric plant established under chapter 101, any municipal waterworks system established under chapter 102, or any other municipality or department thereof owning, leasing, operating or managing a plant for the supplying or furnishing of any public utility, which the Department of Public Utility Control finds has failed to comply with the procedures of section 16-29, shall be subject to a civil penalty of not more than five thousand dollars for any annual report which is not submitted or submitted late in violation of said section.
(c) If the department has reason to believe that a violation has occurred for which a civil penalty or order to make restitution or provide disgorgement is authorized by subsection (a) or (b) of this section, it shall notify the alleged violator by certified mail, return receipt requested, or by personal service. The notice shall include:
(1) A reference to the sections of the title, regulation or order involved;
(2) A short and plain statement of the matter asserted or charged;
(3) A statement of the prescribed civil penalty or order to make restitution or provide disgorgement for the violation; and
(4) A statement of the person's right to a hearing.
(d) The person to whom the notice is addressed shall have twenty days from the date of receipt of the notice in which to deliver to the department a written application for a hearing. If a hearing is requested, then, after a hearing and upon a finding that a violation has occurred, the department may issue a final order assessing a civil penalty or ordering such person to make restitution or provide disgorgement under this section which shall not be greater than the penalty or order to make restitution or provide disgorgement stated in the notice. If a hearing is not requested, or if such a request is later withdrawn, then the notice shall, on the first day after the expiration of the twenty-day period or on the first day after the withdrawal of the request for hearing, whichever is later, become a final order of the department and the matters asserted or charged in the notice shall be deemed admitted, unless the notice is modified by a consent order before it becomes a final order. A consent order shall be deemed a final order.
(e) All hearings under this section shall be conducted under sections 4-176e to 4-184, inclusive. The final order of the department assessing a civil penalty or ordering restitution or disgorgement shall be subject to appeal under section 4-183. No challenge to any final order of the department assessing a civil penalty or ordering restitution or disgorgement shall be allowed as to any issue which could have been raised by an appeal of an earlier order of the department. Any civil penalty or order to make restitution or provide disgorgement authorized by this section shall become due and payable (1) at the time of receipt of a final order in the case of a civil penalty assessed or order to make restitution or provide disgorgement in such final order after a hearing, (2) on the first day after the expiration of the period in which a hearing may be requested if no hearing is requested, or (3) on the first day after the withdrawal of a request for hearing.
(f) A civil penalty assessed or an order to make restitution or provide disgorgement in a final order of the department under this section may be enforced in the same manner as a judgment of the Superior Court. The final order shall be delivered to the respondent by personal service or by certified mail, return receipt requested. After entry of such final order, the department may file a transcript without the payment of costs, in the office of the clerk of the superior court in the judicial district in which the respondent resides, has a place of business, owns real property, or in which any real property which is the subject of the proceedings is located or, if the respondent is not a resident of the state of Connecticut, in the judicial district of Hartford. Upon the filing, the clerk shall docket the order in the same manner and with the same effect as a judgment entered in the superior court within the judicial district. Upon the docketing, the order may be enforced as a judgment of the court.
Sec. 13. Section 16-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
All decisions, orders and authorizations of the Department of Public Utility Control shall be in writing and shall specify the reasons therefor, shall be filed and kept in the office of the department and recorded in a book kept by it for that purpose and shall be public records. Said department may, at any time, for cause shown, [upon hearing had] after notice to all parties in interest, and upon hearing had, if the department determines a hearing is necessary or any parties in interest request a hearing, rescind, reverse or alter any decision, order or authorization by it made. Written notice of all orders, decisions or authorizations issued by the department shall be given to the company or person affected thereby, by personal service upon such company or person or by registered or certified mail, as the department determines.
Sec. 14. Subdivision (1) of subsection (a) of section 16-49 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(1) "Company" means (A) any public service company other than a telephone company, that had more than one hundred thousand dollars of gross revenues in the state in the calendar year preceding the assessment year under this section, except any such company not providing service to retail customers in the state, (B) any telephone company that had more than one hundred thousand dollars of gross revenues in the state from telecommunications services in the calendar year preceding the assessment year under this section, except any such company not providing service to retail customers in the state, (C) any certified telecommunications provider that had more than one hundred thousand dollars of gross revenues in the state from telecommunications services in the calendar year preceding the assessment year under this section, except any such certified telecommunications provider not providing service to retail customers in the state, [or] (D) any electric supplier that had more than one hundred thousand dollars of gross revenues in the state in the calendar year preceding the assessment year under this section, except any such supplier not providing electric generation services to retail customers in the state, or (E) any certified competitive video service provider issued a certificate of video franchise authority by the Department of Public Utility Control in accordance with section 16-331e that had more than one hundred thousand dollars of gross revenues in the state in the calendar year preceding the assessment year under this section, except any such certified competitive video service provider not providing service to retail customers in the state;
Sec. 15. Subsection (c) of section 16-244i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) Each electric distribution company shall continue to provide metering, billing and collection services, except that, on and after the effective date of the regulations adopted pursuant to section 16-245d, which allow an electric supplier to provide direct billing and collection services for electric generation services and related federally mandated congestion costs that such supplier provides to its customers that use a demand meter or have a maximum demand of not less than [five] one hundred kilowatts and that choose to receive a bill directly from their electric supplier, an electric distribution company shall not provide such billing and collection services for such customers. The department shall determine billing and metering protocols and any appropriate cost-sharing allocations among electric distribution companies and electric suppliers. Notwithstanding an electric supplier's right, in accordance with the general statutes, to terminate its contract with a customer for the provision of generation service by reason of the customer's nonpayment of the charges directly billed by the supplier to the customer, an electric supplier shall not disconnect electric service to the customer or otherwise terminate the physical delivery of electricity to customers directly billed by the electric supplier.
Sec. 16. Section 16-245o of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) To protect a customer's right to privacy from unwanted solicitation, each electric company or electric distribution company, as the case may be, shall distribute to each customer a form approved by the Department of Public Utility Control which the customer shall submit to the customer's electric or electric distribution company in a timely manner if the customer does not want the customer's name, address, telephone number and rate class to be released to electric suppliers. On and after July 1, 1999, each electric or electric distribution company, as the case may be, shall make available to all electric suppliers customer names, addresses, telephone numbers, if known, and rate class, unless the electric company or electric distribution company has received a form from a customer requesting that such information not be released. Additional information about a customer for marketing purposes shall not be released to any electric supplier unless a customer consents to a release by one of the following: (1) An independent third-party telephone verification; (2) receipt of a written confirmation received in the mail from the customer after the customer has received an information package confirming any telephone agreement; (3) the customer signs a document fully explaining the nature and effect of the release; or (4) the customer's consent is obtained through electronic means, including, but not limited to, a computer transaction.
(b) All electric suppliers shall have equal access to customer information required to be disclosed under subsection (a) of this section. No electric supplier shall have preferential access to historical distribution company customer usage data.
(c) No electric or electric distribution company shall include in any bill or bill insert anything that directly or indirectly promotes a generation entity or affiliate of the electric distribution company. No electric supplier shall include a bill insert in an electric bill of an electric distribution company.
(d) All marketing information provided pursuant to the provisions of this section shall be formatted electronically by the electric company or electric distribution company, as the case may be, in a form that is readily usable by standard commercial software packages. Updated lists shall be made available within a reasonable time, as determined by the department, following a request by an electric supplier. Each electric supplier seeking the information shall pay a fee to the electric company or electric distribution company, as the case may be, which reflects the incremental costs of formatting, sorting and distributing this information, together with related software changes. Customers shall be entitled to any available individual information about their loads or usage at no cost.
(e) Each electric supplier shall, prior to the initiation of electric generation services, provide the potential customer with a written notice describing the rates, information on air emissions and resource mix of generation facilities operated by and under long-term contract to the supplier, terms and conditions of the service, and a notice describing the customer's right to cancel the service, as provided in this section. No electric supplier shall provide electric generation services unless the customer has signed a service contract or consents to such services by one of the following: (1) An independent third-party telephone verification; (2) receipt of a written confirmation received in the mail from the customer after the customer has received an information package confirming any telephone agreement; (3) the customer signs a document fully explaining the nature and effect of the initiation of the service; or (4) the customer's consent is obtained through electronic means, including, but not limited to, a computer transaction. Each electric supplier shall maintain records of such signed service contract or consent to service for a period of not less than two years after the date of expiration of such contract and provide such records to the department or the customer upon request. A residential customer [who has a maximum demand of five hundred kilowatts or less] shall, until midnight of the third business day after the latter of the day on which the customer enters into a service agreement or the day on which the customer receives the written notice from the electric supplier describing the customer's right to cancel service, as provided in this subsection, have the right to cancel a contract for electric generation services entered into with an electric supplier.
[(f) An electric supplier shall not advertise or disclose the price of electricity in such a manner as to mislead a reasonable person into believing that the electric generation services portion of the bill will be the total bill amount for the delivery of electricity to the customer's location. When advertising or disclosing the price for electricity, the electric supplier shall also disclose the electric distribution company's average current charges, including the competitive transition assessment and the systems benefits charge, for that customer class.]
(f) (1) Any third-party agent who contracts with or is otherwise compensated by an electric supplier to sell residential or commercial electric generation services shall be a legal agent of the electric supplier.
(2) On or after July 1, 2011, any person representing an electric supplier or aggregator or agent of an electric supplier or aggregator in the sales or solicitations of electric generation services to a residential customer conducted and consummated entirely by mail, door-to-door sale, telephone or other electronic means, during a scheduled appointment at the premises of a customer or at a fair, trade or business show, convention or exposition shall comply with the provisions of subsection (e) of this section and shall, for any such sale or solicitation, (A) identify himself or herself and the electric generation services company or companies such person represents; (B) provide a statement that such person does not represent an electric distribution company; (C) explain the purpose of the solicitation; and (D) explain all rates, fees, variable charges and terms and conditions for the services provided. Any such door-to-door sales, which shall include the sale of electric generation services in which the electric supplier or aggregator or agent of an electric supplier or aggregator solicits the sale and receives the customer's agreement or offer to purchase at a place other than the seller's place of business, shall be conducted in accordance with any applicable municipal and local ordinances regarding door-to-door solicitations. Any representative of an electric supplier or aggregator or agent of an electric supplier or aggregator shall prominently display or wear a photo identification badge stating the name of such person's employer or the electric supplier or aggregator the person represents.
(3) No electric supplier or aggregator or agent of an electric supplier or aggregator shall advertise or disclose the price of electricity to mislead a reasonable person into believing that the electric generation services portion of the bill will be the total bill amount for the delivery of electricity to the customer's location. When advertising or disclosing the price for electricity, the electric supplier or aggregator or agent of an electric supplier or aggregator shall also disclose the electric distribution company's average current charges, including the competitive transition assessment and the systems benefits charge, for that customer class.
(4) No entity, including an aggregator or agent of an electric supplier or aggregator, who sells or offers for sale any electric generation services for or on behalf of an electric supplier, shall engage in any deceptive acts or practices in the marketing, sale or solicitation of electric generation services.
(5) No contract for electric generation services by an electric supplier shall require a residential customer to pay any fee for termination or early cancellation of a contract in excess of (A) one hundred dollars; or (B) twice the estimated bill for energy services for an average month, whichever is greater. When an electric supplier offers a contract, it shall provide the residential customer an estimate of such customer's average monthly bill.
(6) An electric supplier shall not make a material change in the terms or duration of any contract for the provision of electric generation services by an electric supplier without the express consent of the customer. Nothing in this subdivision shall prohibit an electric supplier from renewing any such contract, provided such electric supplier notifies such customer, in writing, not less than thirty days nor more than sixty days before the renewal date, of the renewal terms and of the option not to accept the renewal offer. No fee pursuant to subdivision (5) of this subsection shall be charged to a customer who terminates or cancels any such renewed contract not later than seven business days after receiving the first billing statement for the renewed contract.
(g) Each electric supplier or aggregator or agent of an electric supplier or aggregator shall comply with the provisions of the telemarketing regulations adopted pursuant to 15 USC 6102.
(h) Any violation of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b. If the department finds a contract for electric generation services to be the product of unfair or deceptive marketing practices or in violation of any of the provisions of this section, the department may deem the contract void and unenforceable. Any waiver of the provisions of this section by a customer of electric generation services shall be deemed void and unenforceable by the electric supplier.
(i) Any violation or failure to comply with any provision of this section shall be subject to (1) civil penalties by the department in accordance with section 16-41, as amended by this act, (2) the suspension or revocation of an electric supplier or aggregator's license, or (3) a prohibition on accepting new customers following a hearing that is conducted as a contested case in accordance with chapter 54.
(j) The department may adopt regulations, in accordance with the provisions of chapter 54 to carry out the purposes of this section, including, but not limited to, provisions concerning abusive switching practices, solicitations and renewals by electric suppliers.
Sec. 17. Subsection (a) of section 16-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Terms used in this title and in chapters 244, 244a, 244b, 245, 245a and 245b shall be construed as follows, unless another meaning is expressed or is clearly apparent from the language or context:
(1) "Authority" means the Public Utilities Control Authority and "department" means the Department of Public Utility Control;
(2) "Commissioner" means a member of said authority;
(3) "Commissioner of Transportation" means the Commissioner of Transportation appointed under section 13b-3;
(4) "Public service company" includes electric, electric distribution, gas, telephone, telegraph, pipeline, sewage, water and community antenna television companies and holders of a certificate of cable franchise authority, owning, leasing, maintaining, operating, managing or controlling plants or parts of plants or equipment, and all express companies having special privileges on railroads within this state, but shall not include telegraph company functions concerning intrastate money order service, towns, cities, boroughs, any municipal corporation or department thereof, whether separately incorporated or not, a private power producer, as defined in section 16-243b, or an exempt wholesale generator, as defined in 15 USC 79z-5a;
(5) "Plant" includes all real estate, buildings, tracks, pipes, mains, poles, wires and other fixed or stationary construction and equipment, wherever located, used in the conduct of the business of the company;
(6) "Railroad company" includes every person owning, leasing, maintaining, operating, managing or controlling any railroad, or any cars or other equipment employed thereon or in connection therewith, for public or general use within this state;
(7) "Street railway company" includes every person owning, leasing, maintaining, operating, managing or controlling any street railway, or any cars or other equipment employed thereon or in connection therewith, for public or general use within this state;
(8) "Electric company" includes, until an electric company has been unbundled in accordance with the provisions of section 16-244e, every person owning, leasing, maintaining, operating, managing or controlling poles, wires, conduits or other fixtures, along public highways or streets, for the transmission or distribution of electric current for sale for light, heat or power within this state, or, engaged in generating electricity to be so transmitted or distributed for such purpose, but shall not include (A) a private power producer, as defined in section 16-243b, (B) an exempt wholesale generator, as defined in 15 USC 79z-5a, (C) a municipal electric utility established under chapter 101, (D) a municipal electric energy cooperative established under chapter 101a, (E) an electric cooperative established under chapter 597, or (F) any other electric utility owned, leased, maintained, operated, managed or controlled by any unit of local government under any general statute or any public or special act;
(9) "Gas company" includes every person owning, leasing, maintaining, operating, managing or controlling mains, pipes or other fixtures, in public highways or streets, for the transmission or distribution of gas for sale for heat or power within this state, or engaged in the manufacture of gas to be so transmitted or distributed for such purpose, but shall not include a person manufacturing gas through the use of a biomass gasification plant provided such person does not own, lease, maintain, operate, manage or control mains, pipes or other fixtures in public highways or streets, a municipal gas utility established under chapter 101 or any other gas utility owned, leased, maintained, operated, managed or controlled by any unit of local government under any general statute or any public or special act;
(10) "Water company" includes every person owning, leasing, maintaining, operating, managing or controlling any pond, lake, reservoir, stream, well or distributing plant or system employed for the purpose of supplying water to fifty or more consumers. A water company does not include homeowners, condominium associations providing water only to their members, homeowners associations providing water to customers at least eighty per cent of whom are members of such associations, a municipal waterworks system established under chapter 102, a district, metropolitan district, municipal district or special services district established under chapter 105, chapter 105a or any other general statute or any public or special act which is authorized to supply water, or any other waterworks system owned, leased, maintained, operated, managed or controlled by any unit of local government under any general statute or any public or special act;
(11) "Consumer" means any private dwelling, boardinghouse, apartment, store, office building, institution, mechanical or manufacturing establishment or other place of business or industry to which water is supplied by a water company;
(12) "Sewage company" includes every person owning, leasing, maintaining, operating, managing or controlling, for general use in any town, city or borough, or portion thereof, in this state, sewage disposal facilities which discharge treated effluent into any waterway of this state;
(13) "Pipeline company" includes every person owning, leasing, maintaining, operating, managing or controlling mains, pipes or other fixtures through, over, across or under any public land, water, parkways, highways, parks or public grounds for the transportation, transmission or distribution of petroleum products for hire within this state;
(14) "Community antenna television company" includes every person owning, leasing, maintaining, operating, managing or controlling a community antenna television system, in, under or over any public street or highway, for the purpose of providing community antenna television service for hire and shall include any municipality which owns or operates one or more plants for the manufacture or distribution of electricity pursuant to section 7-213 or any special act and seeks to obtain or obtains a certificate of public convenience and necessity to construct or operate a community antenna television system pursuant to section 16-331 or a certificate of cable franchise authority pursuant to section 16-331q. "Community antenna television company" does not include a certified competitive video service provider;
(15) "Community antenna television service" means (A) the one-way transmission to subscribers of video programming or information that a community antenna television company makes available to all subscribers generally, and subscriber interaction, if any, which is required for the selection of such video programming or information, and (B) noncable communications service. "Community antenna television service" does not include video service provided by a certified competitive video service provider;
(16) "Community antenna television system" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide community antenna television service which includes video programming and which is provided in, under or over any public street or highway, for hire, to multiple subscribers within a franchise, but such term does not include (A) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility is located in, under or over a public street or highway; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of Subchapter II of Chapter 5 of the Communications Act of 1934, 47 USC 201 et seq., as amended, except that such facility shall be considered a community antenna television system and the carrier shall be considered a public service company to the extent such facility is used in the transmission of video programming directly to subscribers; or (D) a facility of an electric company which is used solely for operating its electric company systems. "Community antenna television system" does not include a facility used by a certified competitive video service provider to provide video service;
(17) "Video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station;
(18) "Noncable communications service" means any telecommunications service, as defined in section 16-247a, and which is not included in the definition of "cable service" in the Communications Act of 1934, 47 USC 522, as amended. Nothing in this definition shall be construed to affect service which is both authorized and preempted pursuant to federal law;
(19) "Public service motor vehicle" includes all motor vehicles used for the transportation of passengers for hire;
(20) "Motor bus" includes any public service motor vehicle operated in whole or in part upon any street or highway, by indiscriminately receiving or discharging passengers, or operated on a regular route or over any portion thereof, or operated between fixed termini, and any public service motor vehicle operated over highways within this state between points outside this state or between points within this state and points outside this state;
(21) "Cogeneration technology" means the use for the generation of electricity of exhaust steam, waste steam, heat or resultant energy from an industrial, commercial or manufacturing plant or process, or the use of exhaust steam, waste steam or heat from a thermal power plant for an industrial, commercial or manufacturing plant or process, but shall not include steam or heat developed solely for electrical power generation;
(22) "Renewable fuel resources" means energy sources described in subdivisions (26) and (27) of this subsection;
(23) "Telephone company" means a telecommunications company that provides one or more noncompetitive or emerging competitive services, as defined in section 16-247a;
(24) "Domestic telephone company" includes any telephone company which has been chartered by or organized or constituted within or under the laws of this state;
(25) "Telecommunications company" means a person that provides telecommunications service, as defined in section 16-247a, within the state, but shall not mean a person that provides only (A) private telecommunications service, as defined in section 16-247a, (B) the one-way transmission of video programming or other programming services to subscribers, (C) subscriber interaction, if any, which is required for the selection of such video programming or other programming services, (D) the two-way transmission of educational or instructional programming to a public or private elementary or secondary school, or a public or independent institution of higher education, as required by the department pursuant to a community antenna television company franchise agreement, or provided pursuant to a contract with such a school or institution which contract has been filed with the department, or (E) a combination of the services set forth in subparagraphs (B) to (D), inclusive, of this subdivision;
(26) "Class I renewable energy source" means (A) energy derived from solar power, wind power, a fuel cell, methane gas from landfills, ocean thermal power, wave or tidal power, low emission advanced renewable energy conversion technologies, a run-of-the-river hydropower facility provided such facility has a generating capacity of not more than five megawatts, does not cause an appreciable change in the river flow, and began operation after July 1, 2003, or a sustainable biomass facility with an average emission rate of equal to or less than .075 pounds of nitrogen oxides per million BTU of heat input for the previous calendar quarter, except that energy derived from a sustainable biomass facility with a capacity of less than five hundred kilowatts that began construction before July 1, 2003, may be considered a Class I renewable energy source, or (B) any electrical generation, including distributed generation, generated from a Class I renewable energy source;
(27) "Class II renewable energy source" means energy derived from a trash-to-energy facility, a biomass facility that began operation before July 1, 1998, provided the average emission rate for such facility is equal to or less than .2 pounds of nitrogen oxides per million BTU of heat input for the previous calendar quarter, or a run-of-the-river hydropower facility provided such facility has a generating capacity of not more than five megawatts, does not cause an appreciable change in the riverflow, and began operation prior to July 1, 2003;
(28) "Electric distribution services" means the owning, leasing, maintaining, operating, managing or controlling of poles, wires, conduits or other fixtures along public highways or streets for the distribution of electricity, or electric distribution-related services;
(29) "Electric distribution company" or "distribution company" means any person providing electric transmission or distribution services within the state, including an electric company, subject to subparagraph (F) of this subdivision, but does not include: (A) A private power producer, as defined in section 16-243b; (B) a municipal electric utility established under chapter 101, other than a participating municipal electric utility; (C) a municipal electric energy cooperative established under chapter 101a; (D) an electric cooperative established under chapter 597; (E) any other electric utility owned, leased, maintained, operated, managed or controlled by any unit of local government under any general statute or special act; (F) after an electric company has been unbundled in accordance with the provisions of section 16-244e, a generation entity or affiliate of the former electric company; or (G) an electric supplier;
(30) "Electric supplier" means any person, including an electric aggregator or participating municipal electric utility that is licensed by the Department of Public Utility Control in accordance with section 16-245, that provides electric generation services to end use customers in the state using the transmission or distribution facilities of an electric distribution company, regardless of whether or not such person takes title to such generation services, but does not include: (A) A municipal electric utility established under chapter 101, other than a participating municipal electric utility; (B) a municipal electric energy cooperative established under chapter 101a; (C) an electric cooperative established under chapter 597; (D) any other electric utility owned, leased, maintained, operated, managed or controlled by any unit of local government under any general statute or special act; or (E) an electric distribution company in its provision of electric generation services in accordance with subsection (a) or, prior to January 1, 2004, subsection (c) of section 16-244c;
(31) "Electric aggregator" means (A) a person, municipality or regional water authority that gathers together electric customers for the purpose of negotiating the purchase of electric generation services from an electric supplier, or (B) the Connecticut Resources Recovery Authority, if it gathers together electric customers for the purpose of negotiating the purchase of electric generation services from an electric supplier, provided such person, municipality or authority is not engaged in the purchase or resale of electric generation services, and provided further such customers contract for electric generation services directly with an electric supplier, and may include an electric cooperative established pursuant to chapter 597;
(32) "Electric generation services" means electric energy, electric capacity or generation-related services;
(33) "Electric transmission services" means electric transmission or transmission-related services;
(34) "Generation entity or affiliate" means a corporate affiliate or, as provided in subdivision (3) of subsection (a) of section 16-244e, a separate division of an electric company after unbundling has occurred pursuant to section 16-244e, that provides electric generation services;
(35) "Participating municipal electric utility" means a municipal electric utility established under chapter 101 or any other electric utility owned, leased, maintained, operated, managed or controlled by any unit of local government under any general statute or any public or special act, that is authorized by the department in accordance with section 16-245c to provide electric generation services to end use customers outside its service area, as defined in section 16-245c;
(36) "Person" means an individual, business, firm, corporation, association, joint stock association, trust, partnership, [or] limited liability company, unincorporated organization or other entity;
(37) "Regional independent system operator" means the "ISO - New England, Inc.", or its successor organization as approved by the Federal Energy Regulatory Commission;
(38) "Certified telecommunications provider" means a person certified by the department to provide intrastate telecommunications services, as defined in section 16-247a, pursuant to sections 16-247f to 16-247h, inclusive;
(39) "Gas registrant" means a person registered to sell natural gas pursuant to section 16-258a;
(40) "Customer-side distributed resources" means (A) the generation of electricity from a unit with a rating of not more than sixty-five megawatts on the premises of a retail end user within the transmission and distribution system including, but not limited to, fuel cells, photovoltaic systems or small wind turbines, or (B) a reduction in the demand for electricity on the premises of a retail end user in the distribution system through methods of conservation and load management, including, but not limited to, peak reduction systems and demand response systems;
(41) "Federally mandated congestion charges" means any cost approved by the Federal Energy Regulatory Commission as part of New England Standard Market Design including, but not limited to, locational marginal pricing, locational installed capacity payments, any cost approved by the Department of Public Utility Control to reduce federally mandated congestion charges in accordance with section 7-233y, this section, sections 16-19ss, 16-32f, 16-50i, 16-50k, 16-50x, 16-243i to 16-243q, inclusive, 16-244c, 16-244e, 16-245m, 16-245n and 16-245z, and section 21 of public act 05-1 of the June special session and reliability must run contracts;
(42) "Combined heat and power system" means a system that produces, from a single source, both electric power and thermal energy used in any process that results in an aggregate reduction in electricity use;
(43) "Grid-side distributed resources" means the generation of electricity from a unit with a rating of not more than sixty-five megawatts that is connected to the transmission or distribution system, which units may include, but are not limited to, units used primarily to generate electricity to meet peak demand;
(44) "Class III source" means the electricity output from combined heat and power systems with an operating efficiency level of no less than fifty per cent that are part of customer-side distributed resources developed at commercial and industrial facilities in this state on or after January 1, 2006, a waste heat recovery system installed on or after April 1, 2007, that produces electrical or thermal energy by capturing preexisting waste heat or pressure from industrial or commercial processes, or the electricity savings created in this state from conservation and load management programs begun on or after January 1, 2006;
(45) "Sustainable biomass" means biomass that is cultivated and harvested in a sustainable manner. "Sustainable biomass" does not mean construction and demolition waste, as defined in section 22a-208x, finished biomass products from sawmills, paper mills or stud mills, organic refuse fuel derived separately from municipal solid waste, or biomass from old growth timber stands, except where (A) such biomass is used in a biomass gasification plant that received funding prior to May 1, 2006, from the Renewable Energy Investment Fund established pursuant to section 16-245n, or (B) the energy derived from such biomass is subject to a long-term power purchase contract pursuant to subdivision (2) of subsection (j) of section 16-244c entered into prior to May 1, 2006, (C) such biomass is used in a renewable energy facility that is certified as a Class I renewable energy source by the department until such time as the department certifies that any biomass gasification plant, as defined in subparagraph (A) of this subdivision, is operational and accepting such biomass, in an amount not to exceed one hundred forty thousand tons annually, is used in a renewable energy facility that was certified as a Class I renewable energy source by the department prior to December 31, 2007, and uses biomass, including construction and demolition waste as defined in section 22a-208x, from a Connecticut-sited transfer station and volume-reduction facility that generated biomass during calendar year 2007 that was used during calendar year 2007 to generate Class I renewable energy certificates, or (D) in the event there is no facility as described in subparagraph (A) or (C) of this subdivision accepting such biomass, in an amount not to exceed one hundred forty thousand tons annually, is used in one or more other renewable energy facilities certified either as a Class I or Class II renewable energy source by the department, provided such facilities use biomass, including construction and demolition waste as defined in said section 22a-208x, from a Connecticut-sited transfer station and volume-reduction facility that generated biomass during calendar year 2007 that was used during calendar year 2007 to generate Class I renewable energy certificates. Notwithstanding the provisions of subparagraphs (C) and (D) of this subdivision, the amount of biomass specified in said subparagraphs shall not apply to a biomass gasification plant, as defined in subparagraph (A) of this subdivision;
(46) "Video service" means video programming services provided through wireline facilities, a portion of which are located in the public right-of-way, without regard to delivery technology, including Internet protocol technology. "Video service" does not include any video programming provided by a commercial mobile service provider, as defined in 47 USC 332(d), any video programming provided as part of community antenna television service in a franchise area as of October 1, 2007, any video programming provided as part of and via a service that enables users to access content, information, electronic mail or other services over the public Internet;
(47) "Certified competitive video service provider" means an entity providing video service pursuant to a certificate of video franchise authority issued by the department in accordance with section 16-331e. "Certified competitive video service provider" does not mean an entity issued a certificate of public convenience and necessity in accordance with section 16-331 or the affiliates, successors and assigns of such entity or an entity issued a certificate of cable franchise authority in accordance with section 16-331p or the affiliates, successors and assignees of such entity;
(48) "Certificate of video franchise authority" means an authorization issued by the Department of Public Utility Control conferring the right to an entity or person to own, lease, maintain, operate, manage or control facilities in, under or over any public highway to offer video service to any subscribers in the state;
(49) "Certificate of cable franchise authority" means an authorization issued by the Department of Public Utility Control pursuant to section 16-331q conferring the right to a community antenna television company to own, lease, maintain, operate, manage or control a community antenna television system in, under or over any public highway to (A) offer community antenna television service in a community antenna television company's designated franchise area, or (B) use the public rights-of-way to offer video service in a designated franchise area. The certificate of cable franchise authority shall be issued as an alternative to a certificate of public convenience and necessity pursuant to section 16-331 and shall only be available to a community antenna television company under the terms specified in sections 16-331q to 16-331aa, inclusive;
(50) "Thermal energy transportation company" means any person authorized under any provision of the general statutes or special act to furnish heat or air conditioning or both, by means of steam, heated or chilled water or other medium, to lay and maintain mains, pipes or other conduits, and to erect such other fixtures necessary or convenient in and on the streets, highways and public grounds of any municipality to carry steam, heated or chilled water or other medium from such plant to the location to be served and to return the same; [and]
(51) "The Connecticut Television Network" means the General Assembly's state-wide twenty-four-hour state public affairs programming service, separate and distinct from community access channels;
(52) "Covered entity applicant" means any person who has applied to the Department of Public Utility Control to be designated as any covered entity; and
(53) "Covered entity" means (A) any public service company or officer, agent or employee of such company, (B) any electric supplier or person that provides electric generation services without a license from the Department of Public Utility Control, in violation of section 16-265, or officer, agent or employee of such supplier or person, (C) any electric aggregator or person acting as an electric aggregator that has not obtained a certificate of registration from the department, (D) any certified telecommunications provider or person providing telecommunications services without authorization pursuant to sections 16-247f to 16-247h, inclusive, or any officer, agent or employee of such provider or person, (E) any person, public agency or public utility, as such terms are defined in section 16-345, subject to the requirements of chapter 293, (F) any person subject to the registration requirements in sections 16-258a and 16-258b, (G) any person, as defined in this subsection, (H) any cellular mobile telephone carrier, as described in section 16-250b, (I) any Connecticut electric efficiency partner, as defined in section 16-243v, (J) any company, as defined in section 16-49, (K) any certified competitive video service provider, and (L) any entity operating a Class I, Class II or Class III renewable energy source.
Sec. 18. Section 16-7 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The commissioners and any employees of the Department of Public Utility Control while engaged in the performance of their duties may, at all reasonable times, enter any premises, buildings, cars or other places belonging to or controlled by any [public service company or electric supplier] covered entity or covered entity applicant, as defined in section 16-1, as amended by this act, and any person obstructing or in any way causing to be obstructed or hindered any member or employee of the department in the performance of his duties shall be fined not more than two hundred dollars or imprisoned not more than six months or both.
(b) At all times, the records of any covered entity or covered entity applicant are subject to examination by the department, provided the department deems such examination in the public interest. Each covered entity or covered entity applicant shall maintain such records in a manner in which such records are readily available to the department and shall, upon request by the department, provide copies of any such records to the department.
Sec. 19. (NEW) (Effective July 1, 2011) The Department of Public Utility Control may, as it deems necessary, conduct investigations and hearings in aid of any investigations if said department believes that any covered entity or covered entity applicant, as defined in section 16-1 of the general statutes, as amended by this act, has violated any provision of title 16 of the general statutes. The department, pursuant to any such investigation, may administer oaths and take testimony, cause depositions to be taken, order production of books, papers and documents and issue subpoenas. If any covered entity or covered entity applicant disobeys such process or, having appeared in obedience thereto, refuses to answer any pertinent question put to such covered entity or covered entity applicant by the department or to produce any books, papers or documents pursuant thereto, the department may apply to the Superior Court, setting forth such disobedience to process or refusal to answer and the court shall cite such covered entity or covered entity applicant to appear before the court to answer such question or to produce such books, papers or documents and, upon the refusal of such covered entity or covered entity applicant so to do, the court may make such order as may be appropriate to aid in the enforcement of this section.
Sec. 20. (NEW) (Effective July 1, 2011) (a) No covered entity or covered entity applicant, as defined in section 16-1 of the general statutes, as amended by this act, shall make any false or misleading statement, either orally or in writing, to the Department of Public Utility Control during any hearing, proceeding, investigation or audit conducted in accordance with any provision of title 16 of the general statutes, nor shall any such covered entity or covered entity applicant omit any material fact during such hearing, proceeding, investigation or audit.
(b) If a covered entity or covered entity applicant submits any filing, application or statement to the department and any information in such filing, application or statement is or becomes inaccurate or incomplete, such covered entity or covered entity applicant shall promptly submit a correcting amendment upon learning that any such filing, application or statement is inaccurate or incomplete.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
16-19b(h) |
Sec. 2 |
from passage |
16-18a |
Sec. 3 |
from passage |
16-35 |
Sec. 4 |
from passage |
16-262j(c) |
Sec. 5 |
from passage |
16-8a(c)(1) |
Sec. 6 |
from passage |
16-262c(b)(1) |
Sec. 7 |
from passage |
16a-3a(e) |
Sec. 8 |
from passage |
16-19(a) |
Sec. 9 |
from passage |
16-19kk(b) |
Sec. 10 |
from passage |
16-1(a)(4) |
Sec. 11 |
from passage |
16-1(a)(8) |
Sec. 12 |
from passage |
16-41 |
Sec. 13 |
from passage |
16-9 |
Sec. 14 |
from passage |
16-49(a)(1) |
Sec. 15 |
from passage |
16-244i(c) |
Sec. 16 |
July 1, 2011 |
16-245o |
Sec. 17 |
July 1, 2011 |
16-1(a) |
Sec. 18 |
July 1, 2011 |
16-7 |
Sec. 19 |
July 1, 2011 |
New section |
Sec. 20 |
July 1, 2011 |
New section |
ET |
Joint Favorable Subst. |
|
JUD |
Joint Favorable |
|
FIN |
Joint Favorable |