Relates to the membership of the public service commission and to clarifying the mandatory time frame within which the public service commission must act upon certain petitions

*One voting member each upon the recommendation of the state Attorney General and State Comptroller;

*One voting member appointed by the Speaker of the Assembly and one appointed by the Majority Leader of the Senate;

*One non-voting member each appointed by the Minority Leaders of the Assembly and the Senate.

The section also sets forth basic qualifications for membership, such as board experience in the areas of regulation of utilities, and consumer protection and advocacy. At least one of the Governor's appointees must represent the consumer or the public interest.

Section 2 - requires the PSC to establish rules relating to ex parte communications.

Section 3 - adds a new section 28 to the Public Service Law to achieve the following:

*requires the PSC to investigate and complete action on any petition or complaint filed by a utility customer or certain public officials within 90 days of the filing of the petition or complaint. A petition alleging an emergency or action that threatens public health and safety must be handled within 30 days;

*requires the PSC to issue an annual report on its handling of petitions and complaints filed during the reporting year; and

*allows an aggrieved party to commence an Art. 78 proceeding against the PSC for failure to comply with the statutory timeframes.

Sections 4, 5 and 6 - would prohibit the PSC from waiving or reducing compliance with the requirements set forth in the Public Service Law.

Section 7 - repeals the provision contained in the State Administrative Procedure Act allowing ex parte communications in matters involving public utilities and carriers.

Section 8 - requires the PSC to complete action on any petition or complaint filed prior to the effective date within 180 days of the effective date of this act. The PSC is required to file a report after the 180 days describing its handling of this backlog of petitions. Section 9 - sets forth the severability clause.

Section 10 - states that the act shall take effect immediately

Justification

The law establishing a five-member statewide Public Service Commission was originally enacted in 1921, at a time of telegraph companies and the advent of telephone service and radios. The utility and telecommunications landscape has changed dramatically since then.

With the commission being asked to investigate and consider more issues, and as its jurisdiction continues to expand, there is a compelling need to increase the number of commissioners to ensure a broad representation of customers, service providers and other interested parties; and of the different geographic areas and diverse communities of the state.

After a series of public hearings, the Assembly Committee on Corporations, Authorities and Commissions discovered that the PSC had inadequately addressed petitions filed with it. Petitions filed by citizens have been open for several years or the commission has not taken any action on the petition.

The PSC has a responsibility to quickly address petitions filed by customers or other interested groups to make sure the utilities it regulates operate in the public interest. This bill would also require the PSC to establish time frames for the PSC to complete action on future petitions and complaints, and to address its backlog of petitions, if any.

This bill would prohibit the PSC from waiving or reducing compliance with the statutory provisions of the public service law relating to gas, electric water-works, telegraph or telephone corporations. The bill would also limit the use of ex parte communications by the PSC in certain proceedings.

Prior legislative history

Section 1 of the bill was introduced as a separate bill (A.7300-A, 2015-16, referred to Corporations, Authorities and Commissions). Sections 3 and 8 were contained in A.3189-B/S.7198 (2014; Assembly, 3rd reading, Senate, Energy). Sections 2, 4, 5, 6 and 7 are new.

Fiscal implications

Minimal.

Effective date

Immediately