Legislature(1999 - 2000)
04/16/1999 02:08 PM House URS
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE SPECIAL COMMITTEE ON UTILITY RESTRUCTURING
April 16, 1999
2:08 p.m.
MEMBERS PRESENT
Representative Bill Hudson, Chairman
Representative John Cowdery, Vice Chairman
Representative Pete Kott
Representative Norman Rokeberg
Representative Brian Porter
Representative John Davies (via teleconference)
Representative Ethan Berkowitz
Representative Joe Green (alternate)
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
* HOUSE BILL NO. 183
"An Act relating to the powers and duties of the chair of the
Alaska Public Utilities Commission; relating to membership on the
Alaska Public Utilities Commission; and relating to the annual
report of the Alaska Public Utilities Commission."
- MOVED CSHB 183 (URS) OUT OF COMMITTEE
(* First public hearing)
PREVIOUS ACTION
BILL: HB 183
SHORT TITLE: ALASKA PUBLIC UTILITIES COMMISSION
SPONSOR(S): SPECIAL COMMITTEE ON UTIL RESTRUCTURING
Jrn-Date Jrn-Page Action
4/09/99 702 (H) READ THE FIRST TIME - REFERRAL(S)
4/09/99 702 (H) URS, L&C
4/14/99 (H) URS AT 8:00 AM BUTROVICH ROOM 205
4/14/99 (H) SCHEDULED BUT NOT HEARD
4/16/99 (H) URS AT 2:00 PM CAPITOL 120
WITNESS REGISTER
WALT WILCOX, Legislative Assistant
for Representative Bill Hudson
Alaska State Legislature
Capitol Building, Room 108
Juneau, Alaska 99801
Telephone: (907) 465-6820
POSITION STATEMENT: Introduced HB 183 and provided a sectional
analysis.
JIM BALDWIN, Assistant Attorney General
Civil Division
Department of Law
P.O. Box 110300
Juneau, Alaska 99811
Telephone: (907) 465-3600
POSITION STATEMENT: Provided clarification on Amendment 3.
ERIC YOULD
Alaska Rural Electric Cooperative Association, ARECA
703 West Tudor Road
Anchorage, Alaska 99503
Telephone: (907) 561-6103
POSITION STATEMENT: Provided clarification on Amendment 5.
JIM ROWE
Alaska Telephone Association (ATA)
201 East 56th
Anchorage, Alaska 99518
Telephone: (907) 563-4000
POSITION STATEMENT: Provided clarification on Amendment 7.
BOB LOHR, Executive Director
Alaska Public Utilities Commission
1016 West 6th
Anchorage, Alaska 99503
Telephone: (907) 276-6222
POSITION STATEMENT: Provided information on the APUC.
ACTION NARRATIVE
TAPE 99-16, SIDE A
Number 0001
[NOTE: This meeting is a continuance of the April 14, 1999,
meeting which was recessed to the call of the chair.]
CHAIRMAN BILL HUDSON called the House Special Committee on Utility
Restructuring meeting to order at 2:08 p.m. Members present at the
call to order were Representatives Hudson, Cowdery, Rokeberg,
Porter, Davies, and Green (alternate). Representatives Kott and
Berkowitz arrived at 2:12 p.m.
HB 183 - ALASKA PUBLIC UTILITIES COMMISSION
CHAIRMAN HUDSON announced that the first order of business was
House Bill No. 183, "An Act relating to the powers and duties of
the chair of the Alaska Public Utilities Commission; relating to
membership on the Alaska Public Utilities Commission; and relating
to the annual report of the Alaska Public Utilities Commission."
Number 0163
WALT WILCOX, Legislative Assistant for Representative Bill Hudson,
Alaska State Legislature, introduced HB 183 and provided a
sectional analysis, which stated:
Section 1:
A. Gender correction from chairman to chair.
B. Makes the chair responsible for the administration of
the commission and commission employees.
Section 2:
No more than 2 members of the commission may be from the
same party. Commissioners may not change parties during
the year prior.
Section 3:
The chair, rather than the commission may establish
offices for the APUC.
Section 4:
The chair, rather than the commission may employ
temporary legal counsel.
Section 5:
The chair, rather than the commission may hire outside
consultants, and experts with the approval of the
commission.
Section 6:
In addition to the annual report the APUC will present to
the Legislature the commission activities, and timeliness
of docket activity for the previous year.
Section 7:
Repealers - removes employee/public category
requirements.
Number 0428
MR. WILCOX introduced the amendments, which included:
Amendment 1
Removal of the commissioner by the Governor. The
amendment deletes the requirement that the Legislature
approve the termination of a commissioner.
Amendment 2
Prohibits commission members from participation in:
Political campaigns
Partisan fund-raising activities
Lobbying activities beyond their duties as a
commissioner.
Number 0579
REPRESENTATIVE GREEN referred to Amendment 1, line 4, where it
reads, "Page 1, following line 9," and pointed out that the
amendment would start in the middle of a sentence.
MR. WILCOX clarified that rather than have the amendment redrafted,
the 3/15/99 version was used. He asked the committee to ignore
line 4 of the amendment and he noted that the real interest is the
meat of the amendment being inserted in the proper place.
REPRESENTATIVE GREEN suggested that "following line 10" be
substituted for "following line 9" on line 4 of Amendment 1.
REPRESENTATIVE BERKOWITZ made a motion to adopt the technical
amendment to Amendment 1. There being no objection, the amendment
to Amendment 1 was adopted.
CHAIRMAN HUDSON indicated that Amendment 1 is before the committee
for discussion.
REPRESENTATIVE ROKEBERG objected to Amendment 1. He pointed out
that the amendment takes away the power of the legislature and
grants it to the governor.
REPRESENTATIVE PORTER agreed with Representative Rokeberg. He
stated that the APUC would be the only commission where the
legislature must concur with the termination of a commissioner. He
is not aware of any other commission that has that provision.
Number 0764
REPRESENTATIVE ROKEBERG stated that for the this commission there
are some distinctions made in statute for cause of removal. There
is an application in statute as to how to they are treated with
regards to appointment, because they can only be removed by cause,
whereas other commissioners can be removed for any other reason.
He pointed out that there are appointees who are appointed for a
term not necessarily consistent with the governor's term of office
who can only be removed by cause.
REPRESENTATIVE BERKOWITZ indicated that he would have preferred the
claim for cause language, but the language in Amendment 1, which
reads,"inefficiency, neglect of duty, or misconduct in office, or
because the member, while serving on the commission, is convicted
of a misdemeanor for violating a statute or regulation related to
public utilities or is convicted of a felony," seems to cover
cause.
REPRESENTATIVE ROKEBERG clarified that the issue is whether the
legislature should participate in the removal of a commissioner.
Number 0865
REPRESENTATIVE BERKOWITZ pointed out that the governor hires the
commissioners and the legislature confirms them, so the governor
can fire them. He indicated that he does not think the power of
the legislature is being given up.
REPRESENTATIVE ROKEBERG disagreed with Representative Berkowitz,
because the APUC, Oil and Gas Conservation Commission and the
Alaska Royalty Oil and Gas Development Advisory Board have
different removal procedures, which means the governor can't fire
the commissioners.
REPRESENTATIVE BERKOWITZ stated, "But we can."
MR. WILCOX explained that the APUC is different in that it is one
of the very few, if not the only commission, that requires the
legislature to concur with the termination of a commissioner. A
question that has been brought up is what happens if the governor
decides to terminate a commissioner during the interim. Would
there need to be a special session?
CHAIRMAN HUDSON stated that is the problem presently. One of two
things can be done; one, ignore it, or two, require the relief of
legislative oversight or concurrence during an interim proceeding.
REPRESENTATIVE PORTER indicated that he could support Amendment 1
the way it is worded. The alternative could be to change the bill
so that the Legislative Council could act on behalf of the
legislature during the interim.
Number 1033
REPRESENTATIVE ROKEBERG agreed with Representative Porter. He said
that the erosion of legislative power has been under such attack
that he hates to give up anything.
REPRESENTATIVE BERKOWITZ expressed his concern involving giving
authority to the Legislative Council, because it is not assembled
with majority/minority proportionality.
CHAIRMAN HUDSON indicated that nobody has made a motion to adopt
Amendment 1 and he is leaving it up to the will of the body.
Number 1120
REPRESENTATIVE BERKOWITZ made a motion to adopt Amendment 1, which
read:
Page 1, line 2, following ";":
Insert "relating to removal of commissioners of the
Alaska Public Utilities Commission;"
Page 1, following line 9:
Insert a new bill section to read:
"* Sec.2. AS 42.05.035 is repealed and reenacted to read:
Sec. 42.05.035. Removal of commissioners. The
commissioner from office only for inefficiency, neglect
of duty, or misconduct in office, or because the member,
while serving on the commission, is convicted of a
misdemeanor for violating a statute or regulation related
to public utilities or is convicted of a felony. The
governor shall deliver to the commissioner a copy of the
charges against the commissioner. The commissioner shall
have an opportunity to present a defense in person or
through counsel at a public hearing before the governor
or the governor's designee. The commissioner shall be
informed of the hearing by registered mail at least 10
days before the hearing date. At the hearing, the
commissioner may confront and cross-examine adverse
witnesses. Upon removal of the commissioner, the
findings and a complete statement of all charges made
against the commissioner shall be filed in the Office of
the Lieutenant Governor."
Renumber the following bill sections accordingly.
Page 2, following line 21:
Insert a new bill section to read:
"*Sec. 7. The provisions of AS 42.05.035, repealed and
reenacted by sec. 2 of this Act, apply to a member of the
Alaska Public Utilities Commission serving on the effective
date of this Act. This Act is intended to extinguish any
existing right of a sitting commissioner to the removal
procedure specified in former AS 42.05.035."
Renumber the following bill section accordingly.
REPRESENTATIVE ROKEBERG objected.
REPRESENTATIVE DAVIES (via teleconference) stated that another
reason to support Amendment 1 is that it makes the removal from the
APUC consistent with the way all other commissions are done; the
APUC is the only commission presently that requires legislative
approval.
REPRESENTATIVE ROKEBERG stated that he could support Amendment 1 if
the bill was changed so the Legislative Council could act on behalf
of the legislature during the interim.
CHAIRMAN HUDSON asked if that would be a conceptual amendment.
REPRESENTATIVE BERKOWITZ stated that it goes to the Labor and
Commerce Committee next.
A roll call vote was taken. Representatives Berkowitz, Cowdery,
Davies, Kott, Porter and Hudson voted for the amendment.
Representative Rokeberg voted against it. Therefore, Amendment 1
passed by a vote of 6-1.
Number 1267
REPRESENTATIVE BERKOWITZ made a motion to adopt Amendment 2, which
read:
Page 1, line 12, following "members.":
Insert "relating to political conduct by members of the
Alaska Public Utilities Commission;"
Page 1, line 12, following "members.":
Insert "(a)"
Page 2, following line 1:
Insert a new subsection to read:
"(b) A member of the commission may not participate
in
(1) political management or in a political
campaign for a candidate for election to federal, state,
or local office regardless of whether the campaign is
partisan or nonpartisan or for passage or defeat of a
ballot measure of any type;
(2) the campaign of, or attend campaign
fund-raising events for, a candidate for
governor or the legislature;
(3) a fund-raising event held on behalf of a
political party or attend a political party fund-raising
even; or
(4) lobbying activities that would require a
person to register as a lobbyist."
REPRESENTATIVE PORTER objected for the purpose of discussion.
REPRESENTATIVE BERKOWITZ stated that if the committee is going to
ensure that there isn't going to be any partisanship then he feels
some of the restrictions that are applied to the Ethics Committee
should be applied to the APUC as well.
REPRESENTATIVE PORTER wondered if the language is in addition to as
opposed to replacing the language in HB 183.
REPRESENTATIVE BERKOWITZ replied yes.
Number 1308
CHAIRMAN HUDSON clarified that there can be no more than two
members of any one political party, which is already stated in the
bill, and those members would be subject to the provisions outlined
by Amendment 2. He asked if there was any objection to the motion
to adopt Amendment 2.
REPRESENTATIVE PORTER removed his objection.
CHAIRMAN HUDSON stated that there being no objection, Amendment 2
is adopted.
Number 1349
REPRESENTATIVE ROKEBERG made a motion to adopt a conceptual
amendment, "to remove Section 2 as amended in its entirety."
REPRESENTATIVE PORTER objected.
REPRESENTATIVE BERKOWITZ said that he considered Representative
Rokeberg's amendment to be a friendly amendment.
REPRESENTATIVE ROKEBERG clarified that it was a friendly amendment.
Number 1388
CHAIRMAN HUDSON explained that the conceptual amendment would
remove the political qualifications all together by removing
Section 2 as amended.
REPRESENTATIVE PORTER stated that his objection was maintained.
A roll call vote was taken. Representatives Berkowitz, Davies,
Kott, Rokeberg and Hudson voted for the amendment. Representatives
Cowdery and Porter voted against it. Therefore, Amendment 3 was
adopted by a vote of 5-2.
REPRESENTATIVE PORTER requested clarification on whether adopting
Amendment 3 returns them to the original criteria that exists in
statute now.
REPRESENTATIVE DAVIES clarified that it does.
REPRESENTATIVE ROKEBERG said that it doesn't.
REPRESENTATIVE PORTER stated that indeed it does, because the
elimination of the original criteria that exists in statute was
taken out by adopting Amendment 3.
CHAIRMAN HUDSON indicated that by the removal of Section 2, which
repealed and reenacted, they are back to the original statutory
language.
REPRESENTATIVE PORTER pointed out that the members of the
commission can now all be from the same party.
REPRESENTATIVE DAVIES agreed with Representative Hudson that the
adoption of Amendment 3 brings them back to the original statutory
language on qualifications.
Number 1555
REPRESENTATIVE HUDSON called an at-ease at 2:35 p.m. and called the
meeting back to order at 2:36 p.m.
Number 1570
REPRESENTATIVE ROKEBERG stated that the intention of the conceptual
amendment was to remove lines 12, 13, and 14 on page 1, and line 1
on page 2 of HB 183. The intent was not to replace the AS
42.05.040 as is in the current statute. He added that his
intention was to take out the political partisanship aspects.
REPRESENTATIVE DAVIES asked Representative Rokeberg if he wanted
Section 2 to read, "AS 42.05.040 is repealed."
REPRESENTATIVE ROKEBERG replied yes.
REPRESENTATIVE GREEN stated that AS 42.05.040 is gone, which means
that there are no qualifications for any commissioners.
REPRESENTATIVE PORTER informed the committee that if the intent of
Amendment 3 is to remove any qualifications for members of the
commission, he cannot support it.
Number 1766
REPRESENTATIVE ROKEBERG made a motion to rescind Amendment 3. He
explained that his intention with regards to Amendment 3 is to
remove the political considerations. The professional type
qualifications have already been repealed in HB 183. He commented
that he appreciates Representative Porter's explanation, but he
still believes that the legislature has the right to have consent
to the appointment of the commissioners.
REPRESENTATIVE PORTER asked the committee to consider what the
check and balance would be if the majority of the legislature and
the governor were of the same party.
CHAIRMAN HUDSON stated that if there is no objection, Amendment 3
is again before the committee.
MR. WILCOX requested clarification on whether Amendment 2 is still
incorporated in Amendment 3.
CHAIRMAN HUDSON stated that Amendment 3, which was explained by
Representative Rokeberg, will repeal Section 2, as amended.
Number 1933
JIM BALDWIN, Assistant Attorney General, Civil Division, Department
of Law, requested clarification on whether Representative
Rokeberg's motion is to insert a repeal of Section 42.05.040, which
would wipe out the language that amends AS 42.05.040, or repeals
and reenacts it, and just repeal it all together.
REPRESENTATIVE GREEN asked, "If we say yes to this, we leave what
is in statute?"
CHAIRMAN HUDSON responded that if the committee adopts Amendment 3
what is in statute will be taken out. Both AS 42.05.040 and Sec.
42.05.040 will be repealed.
A roll call vote was taken. Representatives Davies and Rokeberg
voted for the amendment. Representatives Cowdery, Green, Kott,
Porter and Hudson voted against it. Therefore, Amendment 3 failed
by a vote of 5-2.
REPRESENTATIVE DAVIES made a motion to adopt the original version
of Amendment 3, call it Amendment 4, which would delete Section 2
as amended from the bill.
REPRESENTATIVE PORTER objected.
REPRESENTATIVE HUDSON pointed out that Representative Davies was
making the same motion that was made originally.
REPRESENTATIVE DAVIES responded that it is not the same motion. He
stated that by deleting Section 2 of HB 183 the existing language
in statute would remain. His intention is to take out the
political qualifications, but leave in the existing qualifications
in AS 42.05.040.
REPRESENTATIVE PORTER maintained his objection.
A roll call vote was taken. Representative Davies voted in favor
of the amendment. Representatives Cowdery, Green, Kott, Porter,
Rokeberg and Hudson voted against it. Therefore, Amendment 4
failed by a vote of 6-1.
Number 2167
MR. WILCOX introduced Amendment 5, which reads:
Page 2, line 19:
Delete "considered [IT CONSIDERS]"
Insert "the commission [IT] considers"
REPRESENTATIVE ROKEBERG offered another way to do the amendment,
which would be to insert, after the word necessary, "by the
commission."
REPRESENTATIVE PORTER pointed out that the amendment is trying to
keep the chair from making the final decision. He said that the
committee might want to consider inserting, "the commission may
employ" and deleting, "the chair of the commission may employ."
Number 2291
ERIC YOULD, Alaska Rural Electric Cooperative Association, ARECA,
provided information via teleconference from Anchorage. He stated
that he believes the committee and the legislature is trying to
empower a little more administrative authority in the chair,
without giving the chair all the authority. Instead they want to
see the chair acting on behalf of the commission. He recommended
inserting, "by the commission," after the word, "necessary," on
line 19, page 2.
REPRESENTATIVE PORTER said that the wording proposed by Mr. Yould
would only allow the commission to determine that there was a need
for a particular position and still allow the chair to make the
final selection.
Number 2355
MR. YOULD clarified that any administrative body has a hiring
process and the chair would not unilaterally go out and use his own
criteria to make the selection. The commission needs to be able to
give some basic policy direction to the chair and then allow the
chair to exercise his executive duties on behalf of the commission.
MR. BALDWIN confirmed that the language does set up a requirement
that first the commission has to decide the services necessary, but
the chair is actually given the power to do the employing.
CHAIRMAN HUDSON asked if it is the interest of the committee to
have the chair take action at the approval of the commission.
TAPE 99-16, SIDE B
CHAIRMAN HUDSON inquired as to what that would allow.
MR. BALDWIN explained that before the chair could hire someone,
there would have to be a determination by the commission that such
action is necessary. Mr. Baldwin indicated that he respected Mr.
Yould's opinion.
Number 2448
REPRESENTATIVE ROKEBERG moved that the committee adopt Amendment 5
which reads as follows:
Page 2, line 19 after "necessary"
Insert "by the commission"
MR. YOULD pointed out that on page 2, line 17, the language says
"the commission may employ". If Amendment 5 is adopted, Mr. Yould
recommended that "may" be changed to "shall".
CHAIRMAN HUDSON relayed Representative Rokeberg's concern that if
the language is changed from "may" to "shall", there could be
unintended budget consequences.
MR. YOULD said that he could not advise the committee on that
matter as well as Mr. Baldwin could. Mr. Yould agreed with
Representative Rokeberg and stated that the "may" language should
remain.
CHAIRMAN HUDSON asked if there were any objections to Amendment 5.
There being no objection, Amendment 5 was adopted.
MR. WILCOX requested that the committee consider inserting an
effective date clause due to the reinstatement of the removal
provision.
CHAIRMAN HUDSON clarified that an immediate effective date would be
necessary for the adopted removal clause.
Number 2334
REPRESENTATIVE ROKEBERG moved that the committee adopt Section 8,
the immediate effective date, Amendment 6.
MR. WILCOX pointed out that the committee packet includes a zero
fiscal note and two pages from Representative Rokeberg.
CHAIRMAN HUDSON asked if there was objection to Amendment 6. There
being no objection, Amendment 6 was adopted.
REPRESENTATIVE GREEN noted that he had given the chair an
unnumbered amendment which he assumed would be Amendment 7.
Amendment 7 would return subsection (b) to the way it is currently
in statute. This change was due to Mr. Rowe's testimony regarding
the ability of the chair to utilize his staff, but acquiring
consultants should be a function of the commission as is the case
currently. Representative Green stated that Amendment 7 would do
the following:
Page 2, line 22
Delete, "the"
Insert, "its"
Delete, "chair of the"
REPRESENTATIVE GREEN explained that Mr. Rowe was concerned that
giving the chair of the commission the ability to acquire
consultants could skew things as opposed to the desires of the
commission.
REPRESENTATIVE ROKEBERG objected in order to ask if Mr. Rowe agreed
with Amendment 7.
JIM ROWE, Alaska Telephone Association, ATA, testified via
teleconference from Anchorage. He said that he believed the
committee addressed this two weeks ago by changing the language on
page 2, lines 23 and 24 to read, "the commission considers
necessary." Mr. Rowe stated that he was probably satisfied with
the current language.
REPRESENTATIVE GREEN withdrew Amendment 7.
Number 2134
REPRESENTATIVE ROKEBERG noted that the purpose of his memorandum
was to receive comments from the committee members regarding issue
raised by the ATA White Paper and/or the National Regulatory
Research Institute (NRRI) report. Firstly, the staff to the
commissioners "may be too big of a bite." Perhaps, a "light"
version of HB 183 would be more appropriate. Secondly, the
advocacy issue seems to be in control and does not necessarily need
to be addressed. Thirdly, the issue of timeliness seems to be one
which everyone agrees, but the manner in which to achieve such is
not certain. Representative Rokeberg added that the types of
dockets should be analyzed. He suggested that House Labor &
Commerce Standing Committee could review this in order to determine
if there is any mechanism that could be utilized.
REPRESENTATIVE PORTER pointed out that there is an additional
provision requiring reporting back to the legislature.
CHAIRMAN HUDSON clarified that HB 183 requires that the commission
provide a summary of activities during the previous year, report on
the evaluation of the commission's timeliness with dockets during
the previous year.
REPRESENTATIVE ROKEBERG indicated the need to develop a mechanism
that could develop universal currency without hindering the
commission. With regard to timeliness, Representative Rokeberg
commented on the three member quorum and the use of leave time of
the commissioners. Some of the commissioners have been around long
enough to take up to seven or eight weeks of leave. The commission
does not take up dockets if all five members are not present. He
suggested that the commission could take testimony with less than
five members before a ruling is made. Representative Rokeberg said
that he was looking for suggestions regarding whether that should
be statutorily mandated.
REPRESENTATIVE ROKEBERG continued with the fourth issue listed in
his memorandum. The commission should have the ability to hire its
own legal counsel rather than rely on the Department of Law.
REPRESENTATIVE PORTER expressed concern with the fiscal
ramifications. The cost of the commission are returned to the
consumers. He acknowledged that there have been some increases in
staff, but he was not sure if all the staff had been hired.
Representative Porter did not think it an appropriate time to add
more staff positions.
Number 1989
REPRESENTATIVE ROKEBERG explained that currently the commission
relies on the Department of Law and the attorney general. The
counselors work for the attorney general not for the chairman or
the commission, therefore there could be potential conflicts.
Representative Rokeberg believed that the counselors should work
for the commission. However, Representative Rokeberg agreed with
Representative Porter that if the commission cannot hire and
replace people with regard to costs, that is not a good idea. The
fifth issue is regarding consumer complaints and enhancing the use
of administrative hearing officers. The sixth issue was throwing
it off the books which has already been addressed. Representative
Rokeberg stated that the biggest thing he is hearing is the desire
for legislative intent language. That the management information
system be implemented somewhat like the BASIS system is now.
REPRESENTATIVE GREEN asked, "Under the current system, if we're
using the AG [attorney general] Department of Law; do they RSA
[reimbursable services agreement] costs that could be offset by
having our own counsel? Or are these costs that they are going to
occur anyway?"
MR. BALDWIN believed that there was an RSA for two positions. He
deferred to Mr. Lohr.
BOB LOHR, Executive Director, Alaska Public Utilities Commission
(APUC), testified via teleconference from Anchorage. He informed
the committee that currently the commission has a reimbursable
services agreement with the Department of Law for $268,000 which
covers two full-time assistant attorney generals. There is a
separate RSA for one associate attorney position for the
commission.
CHAIRMAN HUDSON inquired as to whether Mr. Lohr was able to secure
the services of the third member from the private sector.
MR. LOHR said that he believed that currently any procurement of
attorneys by the commission would require approval by the attorney
general under the general provisions of the Procurement Act.
REPRESENTATIVE GREEN asked if the work load is such that those two
attorneys and the one extra are kept busy or is the work load
cyclical requiring more attorneys at some time while none at other
times.
MR. LOHR said that the two attorneys are extremely busy. If there
was a third attorney present, the cyclical situation might be of
consideration. He was not sure that three full-time attorney's
would be kept busy all the time.
Number 1767
CHAIRMAN HUDSON asked if the attorneys are paid for through
Regulatory Cost Changes(RCC) or through general funds.
MR. LOHR stated that the attorneys are paid for through the RCCs.
The commission does not have any general funds in its budget at
all.
CHAIRMAN HUDSON informed the committee that he would like to move
HB 183 without any further changes and then the committee could
offer Representative Rokeberg guidance in the House Labor &
Commerce Committee.
Number 1703
REPRESENTATIVE COWDERY moved to report HB 183 out of committee with
individual recommendations and the zero fiscal note.
Representative Cowdery requested unanimous consent. There being no
objection, it was so ordered.
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Utility Restructuring meeting was adjourned at
3:15 p.m.
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