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



(b)  The consumer advocate may:



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



(2)  Conduct investigations to secure information
useful 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 of
the consumer in the public utilities field.



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



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



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



(7)  Represent the interests of consumers of utility
services before any state or federal agency or instrumentality having
jurisdiction over matters which affect those interests.



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



(d)  Whenever it appears to the consumer
advocate that:  (1) any public utility has violated or failed to comply with
any provision of this part or of any state or federal law; (2) any public
utility has failed to comply with any rule, regulation, or other requirement of
the 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 or
franchise; (4) changes, additions, extensions, or repairs to the plant or
service of any public utility are necessary to meet the reasonable convenience
or 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 before
the public utilities commission.  The consumer advocate may appeal any final
decision and order in any proceeding to which the consumer advocate is a party
in the manner provided by law.



(e)  [2004 amendment repealed June 30,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



(1)  Furnish any information with which the consumer
advocate may require concerning the condition, operations, practices, or
services of the public utility;



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



(3)  Permit entry upon land or other property in the
possession or control of the utility for the purpose of inspection and
measuring, surveying, photographing, testing, or sampling the property or any
designated object thereon. [L 1976, c 124, pt of §1; gen ch 1985; am L 1986, c
52, §3; am L 2003, c 132, §1; am L 2004, c 202, §29]



 



Note



 



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



  L 2004, c 202, §82 provides:



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