- Perfected -

SCS/SB 246 - This act revises provisions regarding the Public Service Commission.

The act removes the limitation on the residence of Commissioners, however, Commissioners would still be required to live within the State. After the effective date of the act, members of the Public Service Commission and technical advisory staff are prohibited from establishing, maintaining, or contributing a committee subject to the Campaign Finance Disclosure Committee. Those members who had such a campaign committee established prior to the effective date of the act may maintain the account but may make no deposits or expenditures from the account. The member will also be required to disclose the existence of the account prior to the initial hearing on all matters and in writing to all litigants. This portion of the act is similar to SB 116 (2003).

The act gives the PSC Commissioners authority to have a technical advisory staff. This staff would consist of a pool of up to six full time employees and each Commissioner could hire up to one personal advisor. Before these employees could be hired the Commission would have to correspondingly eliminate comparable positions within Commission staff to accommodate the hiring of the technical advisory staff such that there would be no net gain of employees to the PSC as a whole and at a cost neutral level. Technical advisory staff must be hired by July 1, 2004. The technical advisory staff would render advice and assistance to the Commissioners and provide relevant updates to the Commission. Each of the technical advisory staff would be subject to the same ex parte communication and conflict of interest requirements as the Commissioners. No person could be hired as part of the technical advisory staff within two years of employment with certain divisions of the PSC, corporations regulated by the PSC or the Office of Public Counsel. The technical advisory staff will never be a party to proceedings before the PSC.

The act also delineates standards for the PSC regarding ex parte communications. Commissioners may confer with members of the public, any public utility or similar commission and the act sets for the procedural guidelines for these communications.

The act allows telecommunications companies to offer term agreements of up to five years on its telecommunications services. Telecommunications companies are also permitted to offer discounted rates and promotions to new or former customers.

This act requires 90 days advance written notice prior to a disconnection of water service. In Boone, Randolph, and Howard counties, but not the City of Columbia water service to a residence shall not be disconnected unless the noncurrent outstanding bill amount exceeds $50. Water service to a residence may not be disconnected unless a notice is sent to the customer by certified mail and must include the proposed action, date of proposed action, cost of reconnection, reason for the action, amount of the arrearage, address where payment can be sent, any actions which the residential customer may take to prevent the disconnection, and contact information for the customer to call. This portion of the act is similar to SB 339 (2003).

The Public Service Commission is allowed to establish a pilot program to consider ability to pay as a factor in setting utility rates and establishing programs for low-income residential utility customers. The Commission may also require public utilities to provide information on the coordination of other programs and other bill related information. This portion of the act is similar to SB 127 (2003), SB 1234 (2002), and HB 1875 (2002).

CINDY KADLEC