THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BOSCOLA, MAY 5, 2009

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MAY 5, 2009  

AN ACT

Amending Title 66 (Public Utilities) of the Pennsylvania

Consolidated Statutes, further providing for the Law Bureau

and for functions of other bureaus, offices and positions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 308(b) and 308.2(a) of Title 66 of the

Pennsylvania Consolidated Statutes, amended or added October 15,

2008 (P.L.1592, No.129), are amended to read:

§ 308.  Bureaus and offices.

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(b)  Law Bureau.--The Law Bureau shall be a multifunction

legal staff, consisting of a prosecutory function, an advisory

function, a representational function and an enforcement

function. The Director of the Law Bureau shall be the chief

counsel of the commission and shall serve at the pleasure of the

commission. The commission may also, from time to time, appoint

such assistant counsel to the commission as may be required for

the proper conduct of the work of the Law Bureau. Assistant

counsel may be removed by the commission only for good cause.

The Law Bureau shall advise the commission on any and all

matters. No counsel shall in the same case or a factually

related case perform duties in the prosecutory and advisory

functions, if such performance would represent a conflict of

interest. Except for litigation referred to the Attorney General

or other appropriate outside counsel, the Law Bureau solely

shall be responsible to represent the commission upon appeals

and other hearings in the courts of common pleas and in the

Commonwealth Court, Supreme Court or other courts of this

Commonwealth or in any Federal court or agency and in actions

instituted to recover penalties and to enforce regulations and

orders of the commission. If necessary to protect the public

interest, the Law Bureau, pursuant to its prosecutorial

function, may initiate and participate in proceedings before the

commission [unless directed by the commission to do so in a

proceeding involving transportation, safety, eminent domain,

siting, service issues having no impact on rates or ability to

pay or assist the Office of Trial Staff in carrying out the

duties of the Office of Trial Staff, nor shall any member of the

Law Bureau receive assistance from the Office of Trial Staff in

the performance of his duties. Except as provided in this

section, the Law Bureau may receive assistance from any other

bureau or office of the commission as determined to be

necessary].

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§ 308.2.  Other bureaus, offices and positions.

(a)  Establishment of other bureaus, offices and positions.--

In addition to the specific bureaus established in this part,

the commission may establish other bureaus, offices and

positions to perform the following functions:

(1)  Review and provide advice regarding applications,

petitions, tariff filings and other matters filed with the

commission.

(2)  Provide advice, review exceptions and prepare orders

regarding matters to be adjudicated.

(3)  Conduct financial reviews, earnings analyses and

other financial studies.

(4)  Conduct economic research, forecasting, energy

conservation studies, cost studies and other economic studies

related to public utilities.

(5)  Monitor industry markets to detect anticompetitive,

discriminatory or other unlawful conduct.

(6)  Insure adequate maintenance, safety and reliability

of utility networks.

(7)  Insure adequate service quality, efficiency and

availability at just and reasonable rates.

(8)  Conduct financial, management, operational and

special audits.

(9)  Provide consumer information, consumer protection

and informal resolution of complaints.

(10)  Insure adequate safety, insurance, fitness and

other requirements relevant to transportation utilities.

(11)  Take appropriate enforcement actions, including

rate proceedings, service proceedings and [allocation]

application proceedings, necessary to insure compliance with

this title, commission regulations and orders.

(12)  Perform other functions the commission deems

necessary for the proper work of the commission.

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Section 2.  This act shall take effect in 60 days.