PRINTER'S NO. 3494
No. 2594 Session of 1982
INTRODUCED BY BLAUM, CAWLEY, CAPPABIANCA AND TIGUE, JUNE 9, 1982
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 9, 1982
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, further providing for the Public
3 Utility Commission.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 301 of Title 66, act of November 25, 1970
7 (P.L.707, No.230), known as the Pennsylvania Consolidated
8 Statutes, is repealed.
9 Section 2. Title 66 is amended by adding a section to read:
10 § 301.1. Establishment and organization.
11 (a) Appointment and terms of members.--An independent
12 administrative commission which shall be known as the
13 Pennsylvania Public Utility Commission is hereby established.
14 The commission shall consist of five members who shall be
15 appointed by the Governor by and with the advice and consent of
16 two-thirds of the members of the Senate. Of the members first
17 appointed, all of whom who shall be nominated by the Governor
18 within 120 days of the effective date of this section, two shall
1 be appointed for a term of six years and three shall be
2 appointed for a term of four years; and the members shall begin
3 their duties as commissioners upon the appointment of all five
4 members. Thereafter, all members shall be appointed for terms of
5 four years. No commissioner upon the expiration of his term
6 shall continue to hold office until his successor shall be duly
7 appointed or shall be qualified. Nothing in this section shall
8 be deemed to prevent the Governor from appointing a former
9 commissioner to the commission.
10 (b) Qualifications and restrictions.--Each commissioner, at
11 the time of his qualification and appointment, shall be a
12 resident of this Commonwealth and shall have been a qualified
13 elector therein for a period of at least one year next preceding
14 his appointment and shall also be not less than 30 years of age.
15 No person who occupies any official relation to any public
16 utility or who holds any other appointive or elected office of
17 the Commonwealth or any political subdivision thereof shall be
18 appointed a member of the commission or hold any place, position
19 or office under it. Commissioners shall devote full time to
20 their official duties. No commissioner shall hold any office or
21 position, the duties of which are incompatible with the duties
22 of his office as commissioner, or be engaged in any business,
23 employment or vocation for which he shall receive any
24 remuneration, except as provided in this chapter. No employee,
25 appointee or official engaged in the service of or in any manner
26 connected with the commission shall hold any office or position,
27 or be engaged in any employment or vocation, the duties of which
28 are incompatible with his employment in the service of or in
29 connection with the work of the commission. No commissioner
30 shall be paid, or accept for any service connected with the
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1 office, any fee or emolument other than the salary and expenses
2 provided by law. No commissioner shall participate in any
3 hearing or proceeding in which he has any direct or indirect
4 pecuniary interest. Within 90 days of confirmation, each
5 commissioner shall disclose, at that time and thereafter
6 annually, the existence of all security holdings in any public
7 utility or its affiliates held by the commissioner, his or her
8 spouse and any minor or unemancipated children and must either
9 divest or place the securities in a blind trust. As used in this
10 part, blind trust means a trust over which neither the
11 commissioners, their spouses nor any minor or unemancipated
12 children shall exercise any managerial control, and from which
13 neither the commissioners, their spouses nor any minor or
14 unemancipated children shall receive any income from the trust
15 during the commissioner's tenure of office. The disclosure
16 statement shall be filed with the secretary of the commission
17 and shall be open to inspection by the public during the normal
18 business hours of the commission during the tenure of the
19 commissioner. Every commissioner, and every individual or
20 official, employed or appointed to office under, in the service
21 of or in connection with the work of the commission, is
22 forbidden, directly or indirectly, to solicit or request from or
23 to suggest or recommend to any public utility, or to any
24 officer, attorney, agent or employee thereof, the appointment of
25 any individual to any office, place or position in, or the
26 employment of any individual in any capacity by, the public
27 utility. Every commissioner, every bureau director and every
28 administrative law judge employed or appointed to office under,
29 in the service of or in connection with the work of the
30 commission is prohibited from accepting employment with any
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1 public utility subject to the rules and regulations of the
2 commission for a period of one year after terminating employment
3 or service with the commission. If any person employed or
4 appointed in the service of the commission violates any
5 provision of this section, the commission shall forthwith remove
6 him from the office or employment held by him.
7 (c) Chairman.--A member designated by the Governor shall be
8 the chairman of the commission during that member's term of
9 office. When present, the chairman shall preside at all
10 meetings, but in his absence a member, designated by the
11 chairman, shall preside and shall exercise, for the time being,
12 all the powers of the chairman. The chairman shall have the
13 powers and duties authorized by the commission as provided in
14 section 331(b) (relating to powers of commission and
15 administrative law judges).
16 (d) Quorum.--A majority of the members of the commission
17 serving in accordance with law shall constitute a quorum and
18 such majority, acting unanimously, shall be required for any
19 action, including the making of any order or the ratification of
20 any act done or order made by one or more of the commissioners.
21 No vacancy in the commission shall impair the right of a quorum
22 of the commissioners to exercise all the rights and perform all
23 the duties of the commission.
24 (e) Compensation.--Each of the commissioners shall receive
25 an annual salary of $40,000, except the chairman, who shall
26 receive an annual salary of $42,500.
27 (f) Open proceedings.--The proceedings of the commission
28 shall be conducted in accordance with the provisions of the act
29 of July 19, 1974 (P.L.486, No.175), referred to as the Public
30 Agency Open Meeting Law.
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1 (g) Monitoring cases.--Each commissioner shall be
2 responsible for monitoring specified cases as shall be assigned
3 to him in a manner determined by the commission. All proceedings
4 properly before the commission shall be assigned immediately
5 upon filing.
6 Section 3. Section 2 of this act shall take effect on the
7 third Tuesday of January, 1983 and section 1 of this act shall
8 take effect upon the appointment of the five commissioners in
9 accordance with the provisions of section 2 of this act.
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