H.B. No. 0143 |
Public service commission-consumer advocate. |
Sponsored
By: Representative(s)
Ross and Illoway and Senator(s) Burns and Case
AN ACT relating to public utilities; creating an office of
consumer advocate within the public service commission; providing powers and
duties; providing for the transfer of personnel; providing for funding;
repealing discretionary consumer advocate provision; making an appropriation;
and providing for an effective date.
1/15/2003 Bill Number
Assigned
1/16/2003 H Received
for Introduction
1/16/2003 H
Introduced and Referred to H07
1/28/2003 H07
Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Illoway, Jansen, Johnson,
L., Martin and Ross
Nays: Representative(s) Latta, McOmie, Petersen
and Prosser
Ayes 5 Nays 4 Excused 0 Absent 0
Conflicts 0
1/28/2003 H
Rereferred to H02
1/31/2003 H02
Recommended Do Pass
ROLL CALL
Ayes: Representative(s) Jones, Jorgensen, Meuli,
Nicholas, Philp, Reese and Tipton
Ayes 7 Nays 0 Excused 0 Absent 0
Conflicts 0
1/31/2003 H Placed on
General File
2/6/2003 H
Amendments Considered
HB0143HS001/A ADOPTED
Page 2-lines 14
through 21 Delete entirely
and insert:
"(i) Act as a party in any proceeding before the
commission, with the same rights and subject to the same obligations and
requirements, including confidentiality requirements, as other parties to the
proceeding;
(ii) Appeal any final action or other action or
inaction of the commission in proceedings in which the consumer advocate is a
party before the commission;
(iii) Seek permission to appear as amicus curiae
in any court proceeding in order to accomplish the purposes specified in this
article;".
Page 3-line 6 After "as" insert
"other parties before".
Page
4-line 13 After
"(a)" delete balance of the line and insert "Four hundred
eighteen thousand, five hundred dollars ($418,500.00)".
Page
4-line 16 After
"position," insert "additional positions authorized by this
act,".
Page
4-line 20 Delete
"Four (4)" insert "Six (6)".
Page
5-line 4 After
"37-2-403." insert "In addition to the administrator position
and the transfer of three (3) existing positions, two (2) additional full-time
positions are authorized for the office of consumer advocate. The administrator of the office shall be
subject to the provisions of W.S. 9-1-202. All other positions of the office
shall be employed in accordance with personnel rules adopted by the personnel
division of the department of administration and information. Nothing in this act shall
be deemed to affect the property interests of current permanent employees
transferred to the office of consumer advocate pursuant to this act.". ROSS, CHAIRMAN
HB0143HW001/AC (CORRECTED COPY) ADOPTED
Page 2-line 8 After
"." insert "In the exercise of its powers the office of the
consumer advocate shall balance the interests of those it represents with the
interests of the public utilities, considering all relevant factors, including,
but not limited to, the provision of safe, efficient and reliable utility
services at reasonable prices.".
Page 3-line 3 Delete
";" insert ".".
Page 3-lines 5
through 7 Delete
entirely, including the standing committee amendment (HB0143HS001/A) to these
lines and insert:
"(b) In
any commission docketed case initiated by the regulated company in which the consumer
advocate is a party, the consumer advocate shall have the same access to books,
maps, contracts, reports and records of every description as the commission.
For all other instances, the consumer advocate shall have the same access as
other parties.".
Page 3-line 9 Delete
"(b)" insert "(c)".
ROSS
HB0143HW002/F FAILED
Page 4-line 14 Delete
"special revenue fund under W.S.".
Page 4-line 15 Delete
"37-2-106" insert "general fund". REESE
2/6/2003 H Passed
CoW
2/7/2003 H Passed
2nd Reading
2/10/2003 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Bagby, Berger, Boswell, Buchanan, Bucholz, Childers, Cooper, Diercks, Edwards,
Esquibel, Gentile, Gilmore, Hageman, Harshman, Harvey, Hinckley, Illoway,
Jansen, Johnson, L., Johnson, W., Jorgensen, Landon, Law, Luthi, Martin, Meuli,
Meyer, Morgan, Nicholas, Parady, Petersen, Powers, Prosser, Reese, Robinson,
Ross, Semlek, Simpson, Slater, Thompson, Walsh, Warren and Wasserburger.
Nays: Representative(s) Baker, Brechtel, Cohee, Jones,
Latta, Lockhart, McMurtrey, McOmie, Miller, D., Olsen, Osborn, Philp, Tipton
and Wostenberg.
Excused: Representative(s) Iekel
Ayes 45 Nays 14 Excused 1 Absent 0
Conflicts 0
2/11/2003 S Received
for Introduction
2/12/2003 S
Introduced and Referred to S07
2/20/2003 S07
Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Case, Massie, Meier, Scott and
Sessions
Ayes 5 Nays 0 Excused 0 Absent 0
Conflicts 0
2/20/2003 S
Rereferred to S02
2/24/2003 S02
Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Cathcart, Job and Schiffer
Nays: Senator(s) Devin and Hines
Ayes 3 Nays 2 Excused 0 Absent 0
Conflicts 0
2/24/2003 S Placed on
General File
2/28/2003 S
Amendments Considered
HB0143SS001/AE (TO ENGROSSED COPY) ADOPTED
Page 1-line 5 After
"appropriation;" insert "providing a sunset;".
Page 2-line 7 Delete
"or broad classes of Wyoming citizens" insert "and all classes
of utility customers".
Page 2-line 9 Delete
"balance".
Page 2-line 10 Delete.
Page 2-line 11 Delete
through "considering" insert "consider".
Page 2-line 13 Before
"reasonable" insert "just and".
Page 2-line 22 After
"requirements" insert "and limitations on ex parte
communications".
Page 3-line 1 After
"Appeal" delete balance of line and insert "actions of the
commission in accordance with W.S. 37-2-219;".
Page 3-lines 2
and 3 Delete.
Page 3-after
line 22 Insert:
"(d) The consumer advocate may enter into
stipulations with other parties in any proceeding to balance the interests of
those it represents with the interests of the public utilities as means of
minimizing the weaknesses of the adversarial process, improving the quality of
resulting decisions in a highly technical environment and minimizing the cost
of regulation.".
Page 4-line 12 Before
"Funding" insert "(a)".
Page 4-after
line 18 Insert
and renumber:
"(b) This article is repealed effective July 1,
2009.".
Page 6-line 2 Delete
"property interests" insert "employment rights". MEIER, CHAIRMAN
HB0143SW001/FCE (CORRECTED COPY) (TO ENGROSSED COPY) FAILED
Page 3-line 14 After
"company" insert "or initiated by the commission, provided the
case is not initiated as a result of direct communication by the consumer
advocate,".
Page 3-line 17 Delete
"all other instances" insert "docketed cases not initiated by
the regulated company nor by the commission". MEIER
2/28/2003 S Passed
CoW
3/1/2003 S Laid Back
Without Prejudice
3/3/2003 S Passed
2nd Reading
3/3/2003 S Suspended
Rules
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Barton,
Boggs, Burns, Caller, Cathcart, Coe, Decaria, Devin, Erb, Geis, Hanes, Hawks,
Hines, Job, Kunz, Larson, Massie, Mockler, Northrup, Peck, Roberts, Schiffer,
Scott, Sessions and Vasey.
Nays: Senator(s) Case and Goodenough.
Excused: Senator(s) Meier
Ayes 27 Nays 2 Excused 1 Absent 0
Conflicts 0
3/3/2003 S Laid Back
Without Prejudice
3/4/2003 S Passed
3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Barton, Boggs,
Burns, Caller, Cathcart, Coe, Decaria, Goodenough, Hanes, Job, Massie, Mockler,
Roberts, Schiffer, Scott, Sessions and Vasey.
Nays: Senator(s) Barrasso, Case, Devin, Erb, Geis,
Hawks, Hines, Kunz, Larson, Meier, Northrup and Peck.
Ayes 18 Nays 12 Excused 0 Absent 0
Conflicts 0
3/4/2003 H Did
Concur
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Bagby, Berger, Boswell, Brechtel, Buchanan, Cohee, Cooper, Diercks, Esquibel,
Gentile, Gilmore, Harshman, Harvey, Hinckley, Iekel, Illoway, Jansen, Johnson,
L., Johnson, W., Jorgensen, Landon, Law, Lockhart, Martin, McMurtrey, McOmie,
Meuli, Meyer, Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Reese,
Robinson, Ross, Semlek, Simpson, Slater, Thompson, Tipton, Walsh, Warren,
Wasserburger and Wostenberg.
Nays: Representative(s) Hageman, Jones, Latta,
Miller, D., Philp and Prosser.
Excused: Representative(s) Baker, Bucholz, Childers,
Edwards, Luthi and Powers.
Ayes 48 Nays 6 Excused 6 Absent 0
Conflicts 0
3/4/2003 Assigned
Number HEA 0120
3/5/2003 H Speaker
Signed HEA No. 0120
3/5/2003 S President
Signed HEA No. 0120
3/6/2003 Governor
Signed HEA No. 120
Chapter No. 0172 Session
Laws of Wyoming 2003.