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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Salazar

 

DATE TYPED:

2/5/02

 

HB

HJM 69

 

SHORT TITLE:

PRC Representation of Public Interest

 

SB

 

 

 

ANALYST:

Valenzuela

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

 

 

 

 

NFI

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

Legislative Finance Committee files

Public Regulation Commission

Office of the Attorney General

 

SUMMARY

 

     Synopsis of Bill

 

House Joint Memorial 69 requests the Public Regulation Commission revise its definition and application in rate cases of the term “public interest” to reflect “consumer interest” to ensure consumer concerns are represented and considered in these proceedings. The joint memorial requires the PRC to report on its efforts before the Legislative Finance Committee, during its annual budget hearing.

 

     Significant Issues

 

The intent of the joint memorial is to ensure the PRC utility division focus attention on the interest of consumers. Currently, the PRC attempts to balance the interests of public utility companies with those of the ratepayers. An implicit message in the joint memorial is that consumer interests have not been represented.

 

Deregulation of the electricity (delayed until 2007) and telecommunications markets has spawned concern for consumers about fairness and equity in the promulgation of rules. Complicated issues such as stranded costs, the impact of wholesale power markets, interconnection agreements, the quality of service standards, etc., have become the primary and debatable policy issues, as opposed

 

to the rate-of-return analyses performed pre-deregulation. The joint memorial notes that individual consumers, who have engaged in the rulemaking process, could be at a substantial disadvantage in presenting its case against the utility company’s experienced legal counsel.

 

The Attorney General’s Office states that its statutory authority is to represent consumer interests before the PRC.

 

FISCAL IMPLICATIONS

 

HJM 69 does not carry an appropriation and should not have an administrative or fiscal impact on the PRC or Attorney General’s Office.

 

OTHER SUBSTANTIVE ISSUES

 

Consumers may be unaware that the AG Office represents its interests, which may result from confusion over the appropriate agency to contact regarding complaints or concerns about utility policy. Both the PRC and the Attorney General have offices that receive consumer complaints and concerns.

 

POSSIBLE QUESTIONS

 

Does the utility division staff consider only formal testimony of individual consumers or does it consider relevant consumer complaints or concerns about utility companies or policy in its formulation of its filings to the PRC?

 

How does the Attorney General receive consumer concerns to understand their impact on utility issues before the PRC and how does it represent those concerns? Does AG staff meet with consumers on a routine basis? Does the AG staff meet only with consumer special interest groups ?

 

MV/njw:ar


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