Sec. 16-18a. Consultants: Retention, expenses, findings and recommendations.
Sec. 16-18a. Consultants: Retention, expenses, findings and recommendations. (a) In the performance of their duties the Department of Public Utility Control
and the Office of Consumer Counsel may retain consultants to assist their staffs in
proceedings before the department by providing expertise in areas in which staff expertise does not currently exist or when necessary to supplement existing staff expertise.
In any case where the department or Office of Consumer Counsel determines that the
services of a consultant are necessary or desirable, the department shall (1) allow opportunity for the parties and participants to the proceeding for which the services of a
consultant are being considered to comment regarding the necessity or desirability of
such services, (2) upon the request of a party or participant to the proceeding for which
the services of a consultant are being considered, hold a hearing, and (3) limit the reasonable and proper expenses for such services to not more than two hundred thousand
dollars for each agency per proceeding involving a public service company, telecommunications company, electric supplier or person seeking certification to provide telecommunications services pursuant to chapter 283, with more than fifteen thousand customers, and to not more than fifty thousand dollars for each agency per proceeding involving
such a company, electric supplier or person with less than fifteen thousand customers,
provided the department or the Office of Consumer Counsel may exceed such limits for
good cause. In the case of multiple proceedings conducted to implement the provisions of
this section and sections 16-1, 16-19, 16-19e, 16-22, 16-247a to 16-247c, inclusive, 16-247e to 16-247i, inclusive, 16-247k and subsection (e) of 16-331, the department or the
Office of Consumer Counsel may exceed such limits, but the total amount for all such
proceedings shall not exceed the aggregate amount which would be available pursuant
to this section. All reasonable and proper expenses, as defined in subdivision (3) of this
section, shall be borne by the affected company, electric supplier or person and shall
be paid by such company, electric supplier or person at such times and in such manner
as the department or the Office of Consumer Counsel directs. All reasonable and proper
costs and expenses, as defined in subdivision (3) of this section, shall be recognized by
the department for all purposes as proper business expenses of the affected company,
electric supplier or person. The providers of consultant services shall be selected by the
department or the Office of Consumer Counsel and shall submit written findings and
recommendations to the department or the Office of Consumer Counsel, as the case
may be, which shall be made part of the public record.
(b) The Department of Public Utility Control may retain consultants to assist in
developing and implementing the public education outreach program pursuant to section
16-244d, provided the authorization to retain such consultants shall expire December
31, 2005, and provided further the reasonable and proper expenses for such services
shall not exceed three hundred fifty thousand dollars in the aggregate. All reasonable and
proper expenses accrued prior to January 1, 2000, shall be borne by electric companies or
electric distribution companies, as the case may be. After the systems benefits charge
begins to be collected on January 1, 2000, pursuant to section 16-245l, such companies
shall recover those expenses that have been accrued by the companies up until said date
through the systems benefits charge. On and after January 1, 2000, all reasonable and
proper expenses shall be assessed directly through the systems benefits charge.
(c) Notwithstanding any provision of the general statutes, the department and the
Office of Consumer Counsel shall not retain any consultant under subsection (a) of
this section in connection with any proceeding involving telecommunications if such
consultant, at the time the consultant would be retained, is serving as a consultant to a
certified telecommunications provider or a telephone company that would be affected by
such proceeding, unless each party and intervenor to such proceeding agrees in writing to
waive the provisions of this subsection.
(P.A. 92-25, S. 1; P.A. 94-83, S. 11, 16; P.A. 98-28, S. 34, 117; P.A. 99-286, S. 7, 19; P.A. 00-53, S. 2; P.A. 00-107,
S. 2, 3; June Sp. Sess. P.A. 01-9, S. 17, 131.)
History: P.A. 94-83 added "or when necessary to supplement existing staff expertise", made technical changes, amended
Subdiv. (1) by replacing hearing with opportunity for comment, added new Subdiv. (2) re hearing, renumbered Subdiv.
(2) as (3) and changed references to Subdiv. (2) to Subdiv. (3), added provisions re telecommunications companies and
persons, firms or corporations seeking certification, added provision re multiple proceedings and deleted "The provisions
of this section shall terminate on January 1, 1997", effective July 1, 1994; P.A. 98-28 designated existing provisions as
Subsec. (a), making technical changes and adding references to electric suppliers, and added new Subsec. (b) authorizing
the department to retain consultants for implementing the public education outreach program, effective July 1, 1998; P.A.
99-286 amended Subsec. (a) by making technical changes, effective July 19, 1999; P.A. 00-53 made a technical change
in Subsec. (a); P.A. 00-107 added new Subsec. (c) prohibiting the use of certain consultants, effective May 26, 2000; June
Sp. Sess. P.A. 01-9 extended the authority of the department to retain consultants for implementing the public education
outreach program from December 31, 2000, to December 31, 2005, effective July 1, 2001.