§269-54  General powers; duties.  (a) The consumer advocate shall have the authority expressly conferred by orreasonably implied from the provisions of this part.

(b)  The consumer advocate may:

(1)  Adopt rules pursuant to chapter 91 necessary toeffectuate the purposes of this part.

(2)  Conduct investigations to secure informationuseful in the lawful administration of any provision of this part.

(3)  Assist, advise, and cooperate with federal,state, and local agencies and officials to protect and promote the interests ofthe consumer in the public utilities field.

(4)  Study the operation of laws affecting allconsumers, including small businesses, of utility services and recommend to thegovernor and the legislature new laws and amendments of laws in the consumers'interest in the public utilities field.

(5)  Organize and hold conferences on problemsaffecting consumers of utility services.

(6)  Perform such other acts as may be incidental tothe exercise of the functions, powers, and duties set forth in this section.

(7)  Represent the interests of consumers of utilityservices before any state or federal agency or instrumentality havingjurisdiction over matters which affect those interests.

(c)  The consumer advocate shall consider thelong-term benefits of renewable resources in the consumer advocate's role asconsumer advocate.

(d)  Whenever it appears to the consumeradvocate that:  (1) any public utility has violated or failed to comply withany provision of this part or of any state or federal law; (2) any publicutility has failed to comply with any rule, regulation, or other requirement ofthe public utilities commission or of any other state or federal agency; (3)any public utility has failed to comply with any provision of its charter orfranchise; (4) changes, additions, extensions, or repairs to the plant orservice of any public utility are necessary to meet the reasonable convenienceor necessity of the public; or (5) the rates, fares, classifications, charges,or rules of any public utility are unreasonable or unreasonably discriminatory,the consumer advocate may institute proceedings for appropriate relief beforethe public utilities commission.  The consumer advocate may appeal any finaldecision and order in any proceeding to which the consumer advocate is a partyin the manner provided by law.

(e)  [2004 amendment repealed June 30,2010.  L 2006, c 94, §1.]  The consumer advocate may file with thecommission and serve on any public utility a request in writing to furnish anyinformation reasonably relevant to any matter or proceeding before thecommission or reasonably required by the consumer advocate to perform theduties hereunder.  Any such request shall set forth with reasonable specificitythe purpose for which the information is requested and shall designate withreasonable specificity the information desired.  The public utility shallcomply with such request within the time limit set forth by the consumeradvocate unless within ten days following service it requests a hearing on thematter before the public utilities commission and states its reasons therefor. If a hearing is requested, the public utilities commission shall proceed tohold the hearing and make its determination on the request within thirty daysafter the same is filed.  The consumer advocate or the public utility mayappeal the decision of the commission on any such request, subject to chapter602, in the manner provided for civil appeals from the circuit courts.  Subjectto the foregoing, such requests may ask the public utility to:

(1)  Furnish any information with which the consumeradvocate may require concerning the condition, operations, practices, orservices of the public utility;

(2)  Produce and permit the consumer advocate or theconsumer advocate's representative to inspect and copy any designated documents(including writings, drawings, graphs, charts, photographs, recordings, andother data compilations from which information can be obtained), or to inspectand copy, test, or sample any designated tangible thing which is in thepossession, custody, or control of the public utility; or

(3)  Permit entry upon land or other property in thepossession or control of the utility for the purpose of inspection andmeasuring, surveying, photographing, testing, or sampling the property or anydesignated object thereon. [L 1976, c 124, pt of §1; gen ch 1985; am L 1986, c52, §3; am L 2003, c 132, §1; am L 2004, c 202, §29]

 

Note

 

  The L 2004, c 202, §29 amendment to subsection (e) isrepealed on June 30, 2010.  L 2006, c 94, §1.

  L 2004, c 202, §82 provides:

  "SECTION 82.  Appeals pending in the supreme court as ofthe effective date of this Act [July 1, 2006] may be transferred to theintermediate appellate court or retained at the supreme court as the chiefjustice, in the chief justice's sole discretion, directs."