PRIOR PRINTER'S NO. 2396 PRINTER'S NO. 2486
No. 1837 Session of 1984
INTRODUCED BY KUKOVICH, LAUGHLIN, DeLUCA, FREEMAN, BLAUM AND LLOYD, JANUARY 23, 1984
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 7, 1984
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, further providing for the terms of
3 office and appointment of public utility commissioners; and
4 providing for retention election of appointed commissioners.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 301(a) AND (B) of Title 66 of the <--
8 Pennsylvania Consolidated Statutes is amended and subsections
9 are added to read:
10 § 301. Establishment, members, qualifications and chairman.
11 (a) Appointment and terms of members.--The Pennsylvania
12 Public Utility Commission, established by the act of March 31,
13 1937 (P.L.160, No.43), as an independent administrative
14 commission, is hereby continued as such and shall consist of
15 five members who shall be appointed by the Governor, by and with
16 the advice and consent of two-thirds of all the members of the
17 Senate, for a term of [ten] five years. No commissioner upon the
18 expiration of his term shall continue to hold office until his
1 successor shall be duly appointed or shall be qualified. 2 (B) QUALIFICATIONS AND RESTRICTIONS.--EACH COMMISSIONER, AT <-- 3 THE TIME OF HIS APPOINTMENT AND QUALIFICATION, SHALL BE A 4 RESIDENT OF THIS COMMONWEALTH AND SHALL HAVE BEEN A QUALIFIED 5 ELECTOR THEREIN FOR A PERIOD OF AT LEAST ONE YEAR NEXT PRECEDING 6 HIS APPOINTMENT, AND SHALL ALSO BE NOT LESS THAN 30 YEARS OF 7 AGE. NO PERSON SHALL BE APPOINTED A MEMBER OF THE COMMISSION OR 8 HOLD ANY PLACE, POSITION OR OFFICE UNDER IT, WHO OCCUPIES ANY 9 OFFICIAL RELATION TO ANY PUBLIC UTILITY OR WHO HOLDS ANY OTHER 10 APPOINTIVE OR ELECTED OFFICE OF THE COMMONWEALTH OR ANY 11 POLITICAL SUBDIVISION THEREOF. NO COMMISSIONER SHALL SEEK 12 ELECTION TO ANY POLITICAL OFFICE DURING HIS TENURE AS A 13 COMMISSIONER. COMMENCING JULY 1, 1977, COMMISSIONERS SHALL 14 DEVOTE FULL TIME TO THEIR OFFICIAL DUTIES. NO COMMISSIONER SHALL 15 HOLD ANY OFFICE OR POSITION, THE DUTIES OF WHICH ARE 16 INCOMPATIBLE WITH THE DUTIES OF HIS OFFICE AS COMMISSIONER, OR 17 BE ENGAGED IN ANY BUSINESS, EMPLOYMENT OR VOCATION, FOR WHICH HE 18 SHALL RECEIVE ANY REMUNERATION, EXCEPT AS PROVIDED IN THIS 19 CHAPTER. NO EMPLOYEE, APPOINTEE OR OFFICIAL ENGAGED IN THE 20 SERVICE OF OR IN ANY MANNER CONNECTED WITH, THE COMMISSION SHALL 21 HOLD ANY OFFICE OR POSITION, OR BE ENGAGED IN ANY EMPLOYMENT OR 22 VOCATION, THE DUTIES OF WHICH ARE INCOMPATIBLE WITH HIS 23 EMPLOYMENT IN THE SERVICE OF OR IN CONNECTION WITH THE WORK OF 24 THE COMMISSION. NO COMMISSIONER SHALL BE PAID OR ACCEPT FOR ANY 25 SERVICE CONNECTED WITH THE OFFICE, ANY FEE OR EMOLUMENT OTHER 26 THAN THE SALARY AND EXPENSES PROVIDED BY LAW. NO COMMISSIONER 27 SHALL PARTICIPATE IN ANY HEARING OR PROCEEDING IN WHICH HE HAS 28 ANY DIRECT OR INDIRECT PECUNIARY INTEREST. WITHIN 90 DAYS OF 29 CONFIRMATION, EACH COMMISSIONER SHALL DISCLOSE, AT THAT TIME AND 30 THEREAFTER ANNUALLY, THE EXISTENCE OF ALL SECURITY HOLDINGS IN 19840H1837B2486 - 2 -
1 ANY PUBLIC UTILITY OR ITS AFFILIATES HELD BY SUCH COMMISSIONER, 2 HIS OR HER SPOUSE AND ANY MINOR OR UNEMANCIPATED CHILDREN AND 3 MUST EITHER DIVEST OR PLACE IN A BLIND TRUST SUCH SECURITIES. AS 4 USED IN THIS PART, BLIND TRUST MEANS A TRUST OVER WHICH NEITHER 5 THE COMMISSIONERS, THEIR SPOUSES, NOR ANY MINOR OR UNEMANCIPATED 6 CHILDREN SHALL EXERCISE ANY MANAGERIAL CONTROL, AND FROM WHICH 7 NEITHER THE COMMISSIONERS, THEIR SPOUSES, NOR ANY MINOR OR 8 UNEMANCIPATED CHILDREN SHALL RECEIVE ANY INCOME FROM THE TRUST 9 DURING THE COMMISSIONER'S TENURE OF OFFICE. SUCH DISCLOSURE 10 STATEMENT SHALL BE FILED WITH THE SECRETARY OF THE COMMISSION 11 AND SHALL BE OPEN TO INSPECTION BY THE PUBLIC DURING THE NORMAL 12 BUSINESS HOURS OF THE COMMISSION DURING THE TENURE OF THE 13 COMMISSIONER. EVERY COMMISSIONER, AND EVERY INDIVIDUAL OR 14 OFFICIAL, EMPLOYED OR APPOINTED TO OFFICE UNDER, IN THE SERVICE 15 OF, OR IN CONNECTION WITH, THE WORK OF THE COMMISSION, IS 16 FORBIDDEN, DIRECTLY OR INDIRECTLY, TO SOLICIT OR REQUEST FROM, 17 OR TO SUGGEST OR RECOMMEND TO ANY PUBLIC UTILITY, OR TO ANY 18 OFFICER, ATTORNEY, AGENT OR EMPLOYEE THEREOF, THE APPOINTMENT OF 19 ANY INDIVIDUAL TO ANY OFFICE, PLACE OR POSITION IN, OR THE 20 EMPLOYMENT OF ANY INDIVIDUAL IN ANY CAPACITY BY, SUCH PUBLIC 21 UTILITY. EVERY COMMISSIONER, EVERY BUREAU DIRECTOR AND EVERY 22 ADMINISTRATIVE LAW JUDGE EMPLOYED OR APPOINTED TO OFFICE UNDER, 23 IN THE SERVICE OF OR IN CONNECTION WITH THE WORK OF THE 24 COMMISSION, IS PROHIBITED FROM ACCEPTING EMPLOYMENT WITH ANY 25 PUBLIC UTILITY SUBJECT TO THE RULES AND REGULATIONS OF THE 26 COMMISSION FOR A PERIOD OF ONE YEAR AFTER TERMINATING EMPLOYMENT 27 OR SERVICE WITH THE COMMISSION. IF ANY PERSON EMPLOYED OR 28 APPOINTED IN THE SERVICE OF THE COMMISSION VIOLATES ANY 29 PROVISION OF THIS SECTION, THE COMMISSION SHALL FORTHWITH REMOVE 30 HIM FROM THE OFFICE OR EMPLOYMENT HELD BY HIM. 19840H1837B2486 - 3 -
1 * * * 2 (h) Commissioners.--The commissioners shall be selected from 3 a list of qualified persons submitted to the Governor by the 4 Public Utility Commission Nominating Council WHICH SHALL BE <-- 5 CONSTITUTED BY JANUARY 15 OF EACH YEAR. 6 (i) Public Utility Commission Nominating Council.--There 7 shall be a Public Utility Commission Nominating Council, 8 hereafter referred to as the council, whose purpose shall be the 9 selection of a number of qualified persons from which the 10 Governor shall appoint members of the commission. 11 (j) Members of council.--The council shall include the 12 following persons: 13 (1) A representative from the Governor's Energy Council. 14 (2) A representative of the business community LARGE <-- 15 INDUSTRIAL END-USERS OF ENERGY appointed annually by the 16 Governor. 17 (3) A representative of labor appointed annually by the 18 Governor. 19 (4) A senior citizen 60 years of age or older appointed 20 annually by the Governor. 21 (5) A representative of consumer interests appointed 22 annually by the chairman of the Consumer Affairs Committee of 23 the House of Representatives. 24 (6) A representative of consumer interests appointed 25 annually by the minority chairman of the Consumer Affairs 26 Committee of the House of Representatives. 27 (7) A representative of consumer interests appointed 28 annually by the chairman of the Consumer Protection and 29 Professional Licensure Committee of the Senate. 30 (8) A representative of consumer interests appointed 19840H1837B2486 - 4 -
1 annually by the minority chairman of the Consumer Protection 2 and Professional Licensure Committee of the Senate. 3 (9) A representative of the agricultural community 4 appointed annually by the Governor. 5 (10) Two representatives of consumer organizations 6 appointed annually by the Governor. 7 A list of the members of the council so appointed shall be 8 submitted to the General Assembly for its information. Members 9 of the council shall receive no compensation, but shall be 10 entitled to reimbursement for actual REASONABLE expenses <-- 11 incurred in the performance of their duties under this section, 12 which expenses shall be paid by the Office of Administration of 13 the Governor. 14 (k) Function of council.--The council shall: 15 (1) Organize, select a chairman and adopt bylaws to 16 govern its activities. 17 (2) Review and evaluate potential appointees for the 18 office of commissioner. 19 (3) Furnish a list of at least three, BUT NOT MORE THAN <-- 20 EIGHT, potential appointees to the Governor no later than 60 <-- 21 120 days prior to the expiration of the term of any 22 commissioner, or within 30 days of the death, resignation or 23 termination of service of any commissioner. The list shall, 24 at the same time, also be submitted to the General Assembly 25 for its information. 26 (l) Action by Governor.--Within 30 days of receipt of the 27 council's recommendation, the Governor shall select and nominate 28 to the Senate one of the persons recommended by the council to 29 fill a vacancy occurring in the office of commissioner. If the 30 Governor does not, within the prescribed 30-day period, nominate 19840H1837B2486 - 5 -
1 to the Senate for its consent the name of one of the persons so 2 recommended, an action of mandamus may be immediately commenced 3 against the Governor to compel performance of his official duty. 4 (m) Retention election of commissioners.--A member of the 5 commission may file a declaration of candidacy for retention 6 election with the Secretary of the Commonwealth on or before the 7 first Monday of January of the year preceding the year in which 8 his term of office expires. If no declaration is filed, a 9 vacancy shall exist upon the expiration of the term the member 10 of the commission is then serving, to be filled by appointment 11 by the Governor AS PROVIDED IN THIS SECTION. If a member of the <-- 12 commission files a declaration, his name shall be submitted to 13 the electors without party designation, on a separate ballot or 14 in a separate column on voting machines, at the November 15 election in the year in which the declaration is filed to 16 determine only the question whether he shall be retained in 17 office. If a majority is against retention, a vacancy shall 18 exist upon the expiration of his term of office, to be filled by 19 appointment by the Governor as provided in this section. The 20 Governor shall not have the power to appoint any person as a 21 member of the commission who has previously been appointed as a 22 member of the commission. If a majority favors retention, the 23 member of the commission shall serve for the regular ANOTHER <-- 24 FIVE-YEAR term of office provided in this section. At the 25 expiration of each FIVE-YEAR term, a member of the commission <-- 26 shall be eligible for retention as provided in this section. 27 THERE SHALL BE NO LIMIT ON THE NUMBER OF TIMES THE NAME OF A <-- 28 MEMBER OF THE COMMISSION MAY BE SUBMITTED TO THE ELECTORS IN A 29 RETENTION ELECTION. 30 (n) Donation limits.--No commissioner seeking retention 19840H1837B2486 - 6 -
1 election shall accept donations of more than $250 $1,000 from <-- 2 any person or political committee. 3 SECTION 2. THIS ACT SHALL NOT BE CONSTRUED TO SHORTEN OR <-- 4 OTHERWISE ALTER THE TERM OF ANY PERSON SERVING AS A MEMBER OF 5 THE PUBLIC UTILITY COMMISSION ON THE EFFECTIVE DATE OF THIS ACT. 6 HOWEVER, NO SUCH MEMBER SHALL BE APPOINTED TO AN ADDITIONAL TERM 7 ON THE PUBLIC UTILITY COMMISSION OTHER THAN IN ACCORDANCE WITH 8 THIS ACT AND NO SUCH MEMBER SHALL BE ELIGIBLE FOR RETENTION 9 ELECTION AT THE END OF THE TERM HE IS SERVING ON THE EFFECTIVE 10 DATE OF THIS ACT. 11 Section 2 3. This act shall take effect in 60 days. <-- A6L66CHF/19840H1837B2486 - 7 -