Bill Text: CT SB00182 | 2010 | General Assembly | Comm Sub
Bill Title: An Act Concerning Revisions To The Utility Statutes.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2010-04-14 - Moved to Foot of the Calendar, Senate [SB00182 Detail]
Download: Connecticut-2010-SB00182-Comm_Sub.html
General Assembly |
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February Session, 2010 |
*_____SB00182ET____031910____* |
AN ACT CONCERNING REVISIONS TO THE UTILITY STATUTES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. 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 proceedings 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. 2. Subsection (c) of section 16-262j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):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. 3. 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.
(2) Not more than five business days after receiving a written complaint, in a form prescribed by the department, the department shall notify the employer by certified mail. Such notification shall include a description of the nature of the charges and the substance of any relevant supporting evidence. The employer may submit a written response and both the employer and the employee may present rebuttal statements in the form of affidavits from witnesses and supporting documents and may meet with the department informally to respond verbally about the nature of the employee's charges. The department shall consider in making its preliminary finding as provided in subdivision (3) of this subsection any such written and verbal responses, including affidavits and supporting documents, received by the department not more than twenty business days after the employer receives such notice. Any such response received after twenty business days shall be considered by the department only upon a showing of good cause and at the discretion of the department. The department shall make its preliminary finding as provided in subdivision (3) of this subsection based on information described in this subdivision, without a public hearing.
(3) Unless the department finds by clear and convincing evidence that the adverse employment action was taken for a reason unconnected with the employee's report of substantial misfeasance, malfeasance or nonfeasance, there shall be a rebuttable presumption that an employee was retaliated against in violation of subsection (a) of this section if the department finds that: (A) The employee had reported substantial misfeasance, malfeasance or nonfeasance in the management of the public service company, holding company or licensee; (B) the employee was subsequently discharged, suspended, demoted or otherwise penalized by having the employee's status of employment changed by the employee's employer; and (C) the subsequent discharge, suspension, demotion or other penalty followed the employee's report closely in time.
(4) If such findings are made, the department shall issue an order requiring the employer to immediately return the employee to the employee's previous position of employment or an equivalent position pending the completion of the department's full investigatory proceeding pursuant to subsection (d) of this section.
Sec. 4. 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 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 or failure to reinstate such service would create a life-threatening situation.
Sec. 5. 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. 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 start of 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 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. 6. Subsection (f) of section 16-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(f) (1) The chairperson of the authority, with the consent of two or more other members of the authority, shall appoint an executive director, who shall be the chief administrative officer of the Department of Public Utility Control. The executive director shall be supervised by the chairperson of the authority, serve for a term of four years and annually receive a salary equal to that established for management pay plan salary group seventy-two by the Commissioner of Administrative Services. The executive director [(1)] (A) shall conduct comprehensive planning with respect to the functions of the department; [(2)] (B) shall coordinate the activities of the department; [(3)] (C) shall cause the administrative organization of the department to be examined with a view to promoting economy and efficiency; [(4)] (D) shall, in concurrence with the chairperson of the authority, organize the department into such divisions, bureaus or other units as he deems necessary for the efficient conduct of the business of the department and may from time to time abolish, transfer or consolidate within the department, any division, bureau or other units as may be necessary for the efficient conduct of the business of the department, provided such organization shall include any division, bureau or other unit which is specifically required by the general statutes; [(5)] (E) shall, for any proceeding on a proposed rate amendment in which staff of the department are to be made a party pursuant to section 16-19j, determine which staff shall appear and participate in the proceedings and which shall serve the members of the authority; [(6)] (F) may enter into such contractual agreements, in accordance with established procedures, as may be necessary for the discharge of his duties; and [(7)] (G) may, subject to the provisions of section 4-32, and unless otherwise provided by law, receive any money, revenue or services from the federal government, corporations, associations or individuals, including payments from the sale of printed matter or any other material or services. The executive director shall require the staff of the department to have expertise in public utility engineering and accounting, finance, economics, computers and rate design. Subject to the provisions of chapter 67 and within available funds in any fiscal year, the executive director may appoint a secretary, and may employ such accountants, clerical assistants, engineers, inspectors, experts, consultants and agents as the department may require.
(2) The chairperson may appoint a designee to serve on behalf of the department as a member of a board or council created to facilitate state or regional initiatives with respect to matters affecting the public interest in connection with utility regulation and services, including, but not limited to, issues on climate change, the reduction of greenhouse gas emissions, regional planning and low-income energy assistance.
Sec. 7. Subsection (a) of section 16-243q of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
(a) On and after January 1, 2007, each electric distribution company providing standard service pursuant to section 16-244c and each electric supplier as defined in section 16-1 shall demonstrate to the satisfaction of the Department of Public Utility Control that not less than one per cent of the total output of such supplier or such standard service of an electric distribution company shall be obtained from Class III sources. On and after January 1, 2008, not less than two per cent of the total output of any such supplier or such standard service of an electric distribution company shall, on demonstration satisfactory to the Department of Public Utility Control, be obtained from Class III sources. On or after January 1, 2009, not less than three per cent of the total output of any such supplier or such standard service of an electric distribution company shall, on demonstration satisfactory to the Department of Public Utility Control, be obtained from Class III sources. On and after January 1, 2010, not less than four per cent of the total output of any such supplier or such standard service or supplier of last resort service, pursuant to section 16-244c, of an electric distribution company shall, on demonstration satisfactory to the Department of Public Utility Control, be obtained from Class III sources. Electric power obtained from customer-side distributed resources that does not meet air and water quality standards of the Department of Environmental Protection is not eligible for purposes of meeting the percentage standards in this section.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
16-18a |
Sec. 2 |
from passage |
16-262j(c) |
Sec. 3 |
from passage |
16-8a(c) |
Sec. 4 |
from passage |
16-262c(b)(1) |
Sec. 5 |
from passage |
16-19(a) |
Sec. 6 |
from passage |
16-2(f) |
Sec. 7 |
July 1, 2010 |
16-243q(a) |
ET |
Joint Favorable Subst. |