SB1101 - 452R

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       Senate Engrossed
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  State of Arizona
  Senate
  Forty-fifth
  Legislature
  Second Regular Session
  2002
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    SENATE BILL 1101
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AN ACT

AMENDING SECTIONS 40-462 AND 40-464, ARIZONA REVISED STATUTES; RELATING TO THE RESIDENTIAL UTILITY CONSUMER OFFICE.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 40-462, Arizona Revised Statutes, is amended to read:

40-462. Residential utility consumer office; director

A. A residential utility consumer office is established to represent the interests of residential utility consumers in regulatory proceedings involving public service corporations before the corporation commission, RELATED FEDERAL REGULATORY AGENCIES AND COMMISSIONS THAT ESTABLISH RATES AND FEDERAL COURTS IF THOSE PROCEEDINGS INVOLVE A RATE, TARIFF, CHARGE OR TERM OF SERVICE AND THE INTERESTS OF RESIDENTIAL CONSUMERS OF THE PRODUCTS OR SERVICES FURNISHED BY PUBLIC SERVICE CORPORATIONS UNDER THE JURISDICTION OF THE CORPORATION COMMISSION.

B. The governor shall appoint the director of the office pursuant to section 38-211. The director serves at the pleasure of the governor. The director must possess management and administrative skills, as well as knowledge and experience relating to the regulation of utilities.

Sec. 2. Section 40-464, Arizona Revised Statutes, is amended to read:

40-464. Powers and duties

A. The director may:

1. Research, study and analyze residential utility consumer interests AND PRESENT THIS INFORMATION AS PART OF THE CONSUMER OUTREACH AND EDUCATION PROGRAM.

2. Prepare and present briefs, arguments, proposed rates or orders and intervene or appear on behalf of residential utility consumers before hearing officers and the corporation commission as a party in interest and also participate as a party in interest pursuant to sections 40-254 and 40-254.01 in proceedings relating to rate making or rate design and involving public service corporations, except that the director shall not participate in any proceedings pursuant to this paragraph involving a member-owned nonprofit cooperative corporation.

3. IN CONSULTATION WITH THE GOVERNOR, REPRESENT AND APPEAL FOR THIS STATE'S RESIDENTIAL CONSUMERS AT RATE MAKING RELATED PROCEEDINGS BEFORE RELATED FEDERAL REGULATORY AGENCIES AND COMMISSIONS THAT ESTABLISH RATES AND FEDERAL COURTS IF THOSE PROCEEDINGS INVOLVE A RATE, TARIFF, CHARGE OR TERM OF SERVICE AND THE INTERESTS OF RESIDENTIAL CONSUMERS OF THE PRODUCTS OF OR SERVICES FURNISHED BY PUBLIC UTILITIES UNDER THE JURISDICTION OF THE CORPORATION COMMISSION, EXCEPT THAT THE DIRECTOR SHALL NOT PARTICIPATE IN ANY PROCEEDINGS PURSUANT TO THIS PARAGRAPH INVOLVING A MEMBER OWNED NONPROFIT COOPERATIVE CORPORATION.

3. 4. Make and execute contracts and other instruments as necessary to perform his duties.

4. 5. Hire employees as necessary to carry out this article and contract for special services as needed.

5. 6. Employ such attorneys as are required to represent the interests of residential utility consumers.

B. The director shall:

1. Adopt administrative rules necessary to carry out the purposes of this article.

2. Submit a report to the governor, speaker of the house of representatives and president of the senate by November 1 each year describing the activities and accomplishments of the office.

3. ADOPT A CONSUMER OUTREACH AND EDUCATION PROGRAM.

C. All contacts by residential utility consumers with regard to quality or quantity of service provided by a public service corporation shall be recorded by the office for the purpose of determining general concerns of consumers. The office may advise the consumer of other agencies that may be of further assistance and shall refer the consumer to the corporation commission utilities division consumer services section established in section 40-110.