00 CS FOR HOUSE BILL NO. 183(L&C)
01 "An Act relating to the chair of the Alaska Public Utilities Commission; relating
02 to membership on the Alaska Public Utilities Commission; relating to political
03 conduct by and removal of members of the Alaska Public Utilities Commission;
04 relating to hearings held by the Alaska Public Utilities Commission; relating to
05 timely action by the Alaska Public Utilities Commission; relating to procedural
06 motions of the Alaska Public Utilities Commission; relating to provisions for the
07 resolution of consumer complaints; permitting arbitrators to conduct formal
08 hearings before the Alaska Public Utilities Commission; relating to a management
09 information system; relating to the annual report of the Alaska Public Utilities
10 Commission; and providing for an effective date."
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
12 * Section 1. AS 42.05.020(b) is amended to read:
13 (b) The commission [GOVERNOR] shall select [DESIGNATE] one member
14 of the commission to serve as chair [CHAIRMAN OF THE COMMISSION. THIS
01 MEMBER SHALL SERVE AS CHAIRMAN] for a term of two [FOUR] years . A
02 commissioner may be elected to successive terms as chair of the commission. The
03 governor may reject the commission's selection of a chair [, BUT MAY BE
04 APPOINTED FOR SUCCESSIVE TERMS].
05 * Sec. 2. AS 42.05.035 is repealed and reenacted to read:
06 Sec. 42.05.035. Removal of commissioners. The governor may remove a
07 commissioner from office only for cause, including incompetence, neglect of duty, or
08 misconduct in office, or because the member, while serving on the commission, is
09 convicted of a misdemeanor for violating a statute or regulation related to public
10 utilities or is convicted of a felony. The governor shall deliver to the commissioner
11 a copy of the charges against the commissioner. The commissioner shall have an
12 opportunity to present a defense in person or through counsel at a public hearing
13 before the governor or the governor's designee. The commissioner shall be informed
14 of the hearing by registered mail at least 10 days before the hearing date. At the
15 hearing, the commissioner may confront and cross-examine adverse witnesses. Upon
16 removal of the commissioner, the findings and a complete statement of all charges
17 made against the commissioner shall be filed in the Office of the Lieutenant Governor.
18 * Sec. 3. AS 42.05.040 is repealed and reenacted to read:
19 Sec. 42.05.040. Qualifications of members; prohibited conduct. (a) No
20 more than two members of the commission may be members of the same political
21 party. A person may not be appointed or reappointed to the commission for one year
22 after changing political party membership.
23 (b) A member of the commission may not participate in
24 (1) political management or in a political campaign for a candidate for
25 election to federal, state, or local office regardless of whether the campaign is partisan
26 or nonpartisan or for passage or defeat of a ballot measure of any type;
27 (2) the campaign of, or attend campaign fund-raising events for, a
28 candidate for governor or the legislature;
29 (3) a fund-raising event held on behalf of a political party or attend a
30 political party fund-raising event; or
31 (4) lobbying activities that would require a person to register as a
01 lobbyist.
02 * Sec. 4. AS 42.05.101(a) is amended to read:
03 (a) The chair of the commission shall establish for the commission a
04 principal office and branch offices necessary to discharge its business efficiently. For
05 the convenience of the public or of parties to a proceeding, the commission may hold
06 meetings, hearings, or other proceedings at other locations.
07 * Sec. 5. AS 42.05.111(b) is amended to read:
08 (b) The chair of the commission may employ temporary legal counsel for the
09 commission from time to time in proceedings before the commission in which the
10 attorney general is representing the public interest or a party before the commission.
11 * Sec. 6. AS 42.05.121 is amended to read:
12 Sec. 42.05.121. Employment of commission personnel. (a) The commission
13 may employ an executive director who shall have had at least five years of experience
14 in public utility management or regulation, law, accounting, engineering, or an allied
15 field. The executive director is responsible for directing the administrative functions
16 of the commission and carrying out the policies as set by the commission. The chair
17 of the commission may employ engineers, hearing officers, administrative law judges
18 to the extent provided by AS 42.06.140(b), experts, clerks, accountants, and other
19 agents and assistants considered [IT CONSIDERS] necessary by the commission .
20 Employees and agents of the commission who are not partially exempt under
21 AS 39.25.120, other than legal counsel, are in the classified service under
22 AS 39.25.100.
23 (b) In addition to the [ITS] staff of regular employees, the chair of the
24 commission may contract for and engage the services of consultants and experts the
25 commission considers necessary.
26 * Sec. 7. AS 42.05.141 is amended by adding a new subsection to read:
27 (d) On the filing of a petition, application, or complaint concerning a matter
28 within the jurisdiction of the commission under this chapter for which a hearing is
29 clearly warranted, the chair of the commission shall assign a priority rating to the issue
30 and promptly fix a date for hearing. The hearing shall be expedited in accordance
31 with the priority rating. Regardless of the priority rating, a hearing may not be
01 scheduled to begin later than five months after the petition, application, or complaint
02 was filed unless the commission approves an extension of time for good cause. After
03 the conclusion of the hearing, the commission shall enter its order within 60 days.
04 * Sec. 8. AS 42.05.151(b) is amended to read:
05 (b) The commission shall adopt regulations governing practice and procedure,
06 consistent with due process of law, including the conduct of formal and informal
07 investigations, prehearing [PRE-HEARING] conferences, hearings, mediation,
08 arbitration, and proceedings, and the handling of procedural motions by a single
09 commissioner. The commission, or an assigned commissioner, shall enter an order
10 on procedural motions within 10 days after the close of the applicable briefing
11 period. Technical rules of evidence need not apply to investigations, prehearing
12 [PRE-HEARING] conferences, hearings, mediation, arbitration, and proceedings
13 before the commission. The commission shall provide for representation by out-of-
14 state attorneys substantially in accordance with Rule 81, Alaska Rules of Civil Procedure.
15 * Sec. 9. AS 42.05 is amended by adding a new section to read:
16 Sec. 42.05.165. Consumer complaints. The commission shall by regulation
17 provide for
18 (1) the expedited hearing and resolution of consumer complaints; and
19 (2) penalties against a party to a complaint who causes unjustified
20 delays in a consumer complaint proceeding.
21 * Sec. 10. AS 42.05.171 is amended to read:
22 Sec. 42.05.171. Formal hearings. A formal hearing that the commission has
23 power to hold may be held by or before three or more commissioners, a hearing
24 officer, or an administrative law judge designated for the purpose by the commission.
25 In appropriate cases, a formal hearing may be held before an arbitrator
26 designated for the purpose by the commission. The testimony and evidence in a
27 formal hearing may be taken by the commissioners, by the hearing officer, [OR] by
28 the administrative law judge , or by the arbitrator to whom the hearing has been
29 assigned. A decision of an arbitrator is not final until approved by the
30 commission. A commissioner who has not heard or read the testimony, including the
31 argument, may not participate in making a decision of the commission. In determining
01 the place of a hearing , the commission shall give preference to holding the hearing at
02 a place most convenient for those interested in the subject of the hearing.
03 * Sec. 11. AS 42.05.211 is amended to read:
04 Sec. 42.05.211. Annual report. The commission shall, by February 1 [15] of
05 each year, publish an annual report reviewing its work and notify the legislature that
06 the report is available. The report must contain
07 (1) information and data that bear a significant relationship to the
08 development and regulation of public utility services in the state ;
09 (2) [AND INCLUDE] an outline of the commission's program for the
10 development and regulation of public utility services in the forthcoming year ;
11 (3) a summary of the activities of the commission during the
12 previous year; and
13 (4) a report on and evaluation of the timeliness of the commission's
14 action on dockets during the previous year .
15 * Sec. 12. AS 42.05.050 is repealed.
16 * Sec. 13. MANAGEMENT INFORMATION SYSTEM. The legislature encourages the
17 Alaska Public Utilities Commission to continue to develop its management information system
18 and to make the system accessible by the general public through the Internet for the purpose
19 of tracking, scheduling, and managing all dockets within the commission.
20 * Sec. 14. The provisions of AS 42.05.035, repealed and reenacted by sec. 2 of this Act,
21 apply to a member of the Alaska Public Utilities Commission serving on the effective date
22 of this Act. This Act is intended to extinguish any existing right of a sitting commissioner
23 to the removal procedure specified in former AS 42.05.035.
24 * Sec. 15. The provisions of AS 42.05.141(d), enacted by sec. 7 of this Act, apply to
25 petitions, applications, and complaints first filed with the commission on or after the effective
26 date of this Act.
27 * Sec. 16. This Act takes effect immediately under AS 01.10.070(c).