Bill Text: PA SB844 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for the Law Bureau and for functions of other bureaus, offices and positions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-05 - Referred to CONSUMER PROTECTION AND PROFESSIONAL LICENSURE [SB844 Detail]

Download: Pennsylvania-2009-SB844-Introduced.html

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PRINTER'S NO. 990
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 844 Session of2009
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].
* * *
§ 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
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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.
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