§ 62‑15. Office ofexecutive director; public staff, structure and function.
(a) There is established in the Commission the office ofexecutive director, whose salary and longevity pay shall be the same as thatfixed for members of the Commission. "Service" for purposes oflongevity pay means service as executive director of the public staff. Theexecutive director shall be appointed by the Governor subject to confirmationby the General Assembly by joint resolution. The name of the executive directorappointed by the Governor shall be submitted to the General Assembly on orbefore May 1 of the year in which the term of his office begins. The term ofoffice for the executive director shall be six years, and the initial termshall begin July 1, 1977. The executive director may be removed from office bythe Governor in the event of his incapacity to serve; and the executivedirector shall be removed from office by the Governor upon the affirmativerecommendation of a majority of the Commission, after consultation with theJoint Legislative Utility Review Committee of the General Assembly. In case ofa vacancy in the office of executive director for any reason prior to theexpiration of his term of office, the name of his successor shall be submittedby the Governor to the General Assembly, not later than four weeks after thevacancy arises. If a vacancy arises in the office when the General Assembly isnot in session, the executive director shall be appointed by the Governor toserve on an interim basis pending confirmation by the General Assembly.
(b) There is established in the Commission a public staff. Thepublic staff shall consist of the executive director and such otherprofessional, administrative, technical, and clerical personnel as may benecessary in order for the public staff to represent the using and consumingpublic, as hereinafter provided. All such personnel shall be appointed,supervised, and directed by the executive director. The public staff shall notbe subject to the supervision, direction, or control of the Commission, thechairman, or members of the Commission.
(c) Except for the executive director, the salaries andcompensation of all such personnel shall be fixed in the manner provided by lawfor fixing and regulating salaries and compensation by other State agencies.
(d) It shall be the duty and responsibility of the public staffto:
(1) Review, investigate, and make appropriate recommendations tothe Commission with respect to the reasonableness of rates charged or proposedto be charged by any public utility and with respect to the consistency of suchrates with the public policy of assuring an energy supply adequate to protectthe public health and safety and to promote the general welfare;
(2) Review, investigate, and make appropriate recommendations tothe Commission with respect to the service furnished, or proposed to befurnished by any public utility;
(3) Intervene on behalf of the using and consuming public, inall Commission proceedings affecting the rates or service of any publicutility;
(4) When deemed necessary by the executive director in theinterest of the using and consuming public, petition the Commission to initiateproceedings to review, investigate, and take appropriate action with respect tothe rates or service of public utilities;
(5) Intervene on behalf of the using and consuming public in allcertificate applications filed pursuant to the provisions of G.S. 62‑110.1,and provide assistance to the Commission in making the analysis and plansrequired pursuant to the provisions of G.S. 62‑110.1 and 62‑155;
(6) Intervene on behalf of the using and consuming public in allproceedings wherein any public utility proposes to reduce or abandon service tothe public;
(7) Investigate complaints affecting the using and consumingpublic generally which are directed to the Commission, members of theCommission, or the public staff and where appropriate make recommendations tothe Commission with respect to such complaints;
(8) Make studies and recommendations to the Commission withrespect to standards, regulations, practices, or service of any public utilitypursuant to the provisions of G.S. 62‑43; provided, however, that thepublic staff shall have no duty, responsibility, or authority with respect tothe enforcement of natural gas pipeline safety laws, rules, or regulations;
(9) When deemed necessary by the executive director, in theinterest of the using and consuming public, intervene in Commission proceedingswith respect to transfers of franchises, mergers, consolidations, andcombinations of public utilities pursuant to the provisions of G.S. 62‑111;
(10) Investigate and make appropriate recommendations to theCommission with respect to applications for certificates by radio commoncarriers, pursuant to the provisions of Article 6A of this Chapter;
(11) Review, investigate, and make appropriate recommendations tothe Commission with respect to contracts of public utilities with affiliates orsubsidiaries, pursuant to the provisions of G.S. 62‑153;
(12) When deemed necessary by the executive director, in theinterest of the using and consuming public, advise the Commission with respectto securities, regulations, and transactions, pursuant to the provisions ofArticle 8 of this Chapter.
(e) The public staff shall have no duty, responsibility, orauthority with respect to the laws, rules or regulations pertaining to thephysical facilities or equipment of common, contract and exempt carriers, theregistration of vehicles or of insurance coverage of vehicles of common,contract and exempt carriers; the licensing, training, or qualifications ofdrivers or other persons employed by common, contract and exempt carriers, orthe operation of motor vehicle equipment by common, contract and exemptcarriers in the State.
(f) The executive director representing the public staff shallhave the same rights of appeal from Commission orders or decisions as otherparties to Commission proceedings.
(g) Upon request, the executive director shall employ theresources of the public staff to furnish to the Commission, its members, or theAttorney General, such information and reports or conduct such investigationsand provide such other assistance as may reasonably be required in order tosupervise and control the public utilities of the State as may be necessary tocarry out the laws providing for their regulation.
(h) The executive director is authorized to employ, subject toapproval by the State Budget Officer, expert witnesses and such otherprofessional expertise as the executive director may deem necessary from timeto time to assist the public staff in its participation in Commissionproceedings, and the compensation and expenses therefor shall be paid by theutility or utilities participating in said proceedings. Such compensation andexpenses shall be treated by the Commission, for rate‑making purposes, ina manner generally consistent with its treatment of similar expendituresincurred by utilities in the presentation of their cases before the Commission.An accounting of such compensation and expenses shall be reported annually tothe Joint Legislative Utility Review Committee and to the Speaker of the Houseof Representatives and the President Pro Tempore of the Senate.
(i) The executive director, within established budgetarylimits, and as allowed by law, shall authorize and approve travel, subsistence,and related necessary expenses of the executive director or members of thepublic staff, incurred while traveling on official business. (1949, c. 1009, s. 3; 1963, c. 1165, s. 1; 1977, c.468, s. 4; 1981, c. 475; 1983, c. 717, s. 12.1; 1985, c. 499, s. 4; 1989, c.781, s. 41.3; 1989 (Reg. Sess., 1990), c. 1024, s. 13; 1999‑237, s.28.21A.)
§ 62‑15. Office ofexecutive director; public staff, structure and function.
(a) There is established in the Commission the office ofexecutive director, whose salary and longevity pay shall be the same as thatfixed for members of the Commission. "Service" for purposes oflongevity pay means service as executive director of the public staff. Theexecutive director shall be appointed by the Governor subject to confirmationby the General Assembly by joint resolution. The name of the executive directorappointed by the Governor shall be submitted to the General Assembly on orbefore May 1 of the year in which the term of his office begins. The term ofoffice for the executive director shall be six years, and the initial termshall begin July 1, 1977. The executive director may be removed from office bythe Governor in the event of his incapacity to serve; and the executivedirector shall be removed from office by the Governor upon the affirmativerecommendation of a majority of the Commission, after consultation with theJoint Legislative Utility Review Committee of the General Assembly. In case ofa vacancy in the office of executive director for any reason prior to theexpiration of his term of office, the name of his successor shall be submittedby the Governor to the General Assembly, not later than four weeks after thevacancy arises. If a vacancy arises in the office when the General Assembly isnot in session, the executive director shall be appointed by the Governor toserve on an interim basis pending confirmation by the General Assembly.
(b) There is established in the Commission a public staff. Thepublic staff shall consist of the executive director and such otherprofessional, administrative, technical, and clerical personnel as may benecessary in order for the public staff to represent the using and consumingpublic, as hereinafter provided. All such personnel shall be appointed,supervised, and directed by the executive director. The public staff shall notbe subject to the supervision, direction, or control of the Commission, thechairman, or members of the Commission.
(c) Except for the executive director, the salaries andcompensation of all such personnel shall be fixed in the manner provided by lawfor fixing and regulating salaries and compensation by other State agencies.
(d) It shall be the duty and responsibility of the public staffto:
(1) Review, investigate, and make appropriate recommendations tothe Commission with respect to the reasonableness of rates charged or proposedto be charged by any public utility and with respect to the consistency of suchrates with the public policy of assuring an energy supply adequate to protectthe public health and safety and to promote the general welfare;
(2) Review, investigate, and make appropriate recommendations tothe Commission with respect to the service furnished, or proposed to befurnished by any public utility;
(3) Intervene on behalf of the using and consuming public, inall Commission proceedings affecting the rates or service of any publicutility;
(4) When deemed necessary by the executive director in theinterest of the using and consuming public, petition the Commission to initiateproceedings to review, investigate, and take appropriate action with respect tothe rates or service of public utilities;
(5) Intervene on behalf of the using and consuming public in allcertificate applications filed pursuant to the provisions of G.S. 62‑110.1,and provide assistance to the Commission in making the analysis and plansrequired pursuant to the provisions of G.S. 62‑110.1 and 62‑155;
(6) Intervene on behalf of the using and consuming public in allproceedings wherein any public utility proposes to reduce or abandon service tothe public;
(7) Investigate complaints affecting the using and consumingpublic generally which are directed to the Commission, members of theCommission, or the public staff and where appropriate make recommendations tothe Commission with respect to such complaints;
(8) Make studies and recommendations to the Commission withrespect to standards, regulations, practices, or service of any public utilitypursuant to the provisions of G.S. 62‑43; provided, however, that thepublic staff shall have no duty, responsibility, or authority with respect tothe enforcement of natural gas pipeline safety laws, rules, or regulations;
(9) When deemed necessary by the executive director, in theinterest of the using and consuming public, intervene in Commission proceedingswith respect to transfers of franchises, mergers, consolidations, andcombinations of public utilities pursuant to the provisions of G.S. 62‑111;
(10) Investigate and make appropriate recommendations to theCommission with respect to applications for certificates by radio commoncarriers, pursuant to the provisions of Article 6A of this Chapter;
(11) Review, investigate, and make appropriate recommendations tothe Commission with respect to contracts of public utilities with affiliates orsubsidiaries, pursuant to the provisions of G.S. 62‑153;
(12) When deemed necessary by the executive director, in theinterest of the using and consuming public, advise the Commission with respectto securities, regulations, and transactions, pursuant to the provisions ofArticle 8 of this Chapter.
(e) The public staff shall have no duty, responsibility, orauthority with respect to the laws, rules or regulations pertaining to thephysical facilities or equipment of common, contract and exempt carriers, theregistration of vehicles or of insurance coverage of vehicles of common,contract and exempt carriers; the licensing, training, or qualifications ofdrivers or other persons employed by common, contract and exempt carriers, orthe operation of motor vehicle equipment by common, contract and exemptcarriers in the State.
(f) The executive director representing the public staff shallhave the same rights of appeal from Commission orders or decisions as otherparties to Commission proceedings.
(g) Upon request, the executive director shall employ theresources of the public staff to furnish to the Commission, its members, or theAttorney General, such information and reports or conduct such investigationsand provide such other assistance as may reasonably be required in order tosupervise and control the public utilities of the State as may be necessary tocarry out the laws providing for their regulation.
(h) The executive director is authorized to employ, subject toapproval by the State Budget Officer, expert witnesses and such otherprofessional expertise as the executive director may deem necessary from timeto time to assist the public staff in its participation in Commissionproceedings, and the compensation and expenses therefor shall be paid by theutility or utilities participating in said proceedings. Such compensation andexpenses shall be treated by the Commission, for rate‑making purposes, ina manner generally consistent with its treatment of similar expendituresincurred by utilities in the presentation of their cases before the Commission.An accounting of such compensation and expenses shall be reported annually tothe Joint Legislative Utility Review Committee and to the Speaker of the Houseof Representatives and the President Pro Tempore of the Senate.
(i) The executive director, within established budgetarylimits, and as allowed by law, shall authorize and approve travel, subsistence,and related necessary expenses of the executive director or members of thepublic staff, incurred while traveling on official business. (1949, c. 1009, s. 3; 1963, c. 1165, s. 1; 1977, c.468, s. 4; 1981, c. 475; 1983, c. 717, s. 12.1; 1985, c. 499, s. 4; 1989, c.781, s. 41.3; 1989 (Reg. Sess., 1990), c. 1024, s. 13; 1999‑237, s.28.21A.)
§ 62‑15. Office ofexecutive director; public staff, structure and function.
(a) There is established in the Commission the office ofexecutive director, whose salary and longevity pay shall be the same as thatfixed for members of the Commission. "Service" for purposes oflongevity pay means service as executive director of the public staff. Theexecutive director shall be appointed by the Governor subject to confirmationby the General Assembly by joint resolution. The name of the executive directorappointed by the Governor shall be submitted to the General Assembly on orbefore May 1 of the year in which the term of his office begins. The term ofoffice for the executive director shall be six years, and the initial termshall begin July 1, 1977. The executive director may be removed from office bythe Governor in the event of his incapacity to serve; and the executivedirector shall be removed from office by the Governor upon the affirmativerecommendation of a majority of the Commission, after consultation with theJoint Legislative Utility Review Committee of the General Assembly. In case ofa vacancy in the office of executive director for any reason prior to theexpiration of his term of office, the name of his successor shall be submittedby the Governor to the General Assembly, not later than four weeks after thevacancy arises. If a vacancy arises in the office when the General Assembly isnot in session, the executive director shall be appointed by the Governor toserve on an interim basis pending confirmation by the General Assembly.
(b) There is established in the Commission a public staff. Thepublic staff shall consist of the executive director and such otherprofessional, administrative, technical, and clerical personnel as may benecessary in order for the public staff to represent the using and consumingpublic, as hereinafter provided. All such personnel shall be appointed,supervised, and directed by the executive director. The public staff shall notbe subject to the supervision, direction, or control of the Commission, thechairman, or members of the Commission.
(c) Except for the executive director, the salaries andcompensation of all such personnel shall be fixed in the manner provided by lawfor fixing and regulating salaries and compensation by other State agencies.
(d) It shall be the duty and responsibility of the public staffto:
(1) Review, investigate, and make appropriate recommendations tothe Commission with respect to the reasonableness of rates charged or proposedto be charged by any public utility and with respect to the consistency of suchrates with the public policy of assuring an energy supply adequate to protectthe public health and safety and to promote the general welfare;
(2) Review, investigate, and make appropriate recommendations tothe Commission with respect to the service furnished, or proposed to befurnished by any public utility;
(3) Intervene on behalf of the using and consuming public, inall Commission proceedings affecting the rates or service of any publicutility;
(4) When deemed necessary by the executive director in theinterest of the using and consuming public, petition the Commission to initiateproceedings to review, investigate, and take appropriate action with respect tothe rates or service of public utilities;
(5) Intervene on behalf of the using and consuming public in allcertificate applications filed pursuant to the provisions of G.S. 62‑110.1,and provide assistance to the Commission in making the analysis and plansrequired pursuant to the provisions of G.S. 62‑110.1 and 62‑155;
(6) Intervene on behalf of the using and consuming public in allproceedings wherein any public utility proposes to reduce or abandon service tothe public;
(7) Investigate complaints affecting the using and consumingpublic generally which are directed to the Commission, members of theCommission, or the public staff and where appropriate make recommendations tothe Commission with respect to such complaints;
(8) Make studies and recommendations to the Commission withrespect to standards, regulations, practices, or service of any public utilitypursuant to the provisions of G.S. 62‑43; provided, however, that thepublic staff shall have no duty, responsibility, or authority with respect tothe enforcement of natural gas pipeline safety laws, rules, or regulations;
(9) When deemed necessary by the executive director, in theinterest of the using and consuming public, intervene in Commission proceedingswith respect to transfers of franchises, mergers, consolidations, andcombinations of public utilities pursuant to the provisions of G.S. 62‑111;
(10) Investigate and make appropriate recommendations to theCommission with respect to applications for certificates by radio commoncarriers, pursuant to the provisions of Article 6A of this Chapter;
(11) Review, investigate, and make appropriate recommendations tothe Commission with respect to contracts of public utilities with affiliates orsubsidiaries, pursuant to the provisions of G.S. 62‑153;
(12) When deemed necessary by the executive director, in theinterest of the using and consuming public, advise the Commission with respectto securities, regulations, and transactions, pursuant to the provisions ofArticle 8 of this Chapter.
(e) The public staff shall have no duty, responsibility, orauthority with respect to the laws, rules or regulations pertaining to thephysical facilities or equipment of common, contract and exempt carriers, theregistration of vehicles or of insurance coverage of vehicles of common,contract and exempt carriers; the licensing, training, or qualifications ofdrivers or other persons employed by common, contract and exempt carriers, orthe operation of motor vehicle equipment by common, contract and exemptcarriers in the State.
(f) The executive director representing the public staff shallhave the same rights of appeal from Commission orders or decisions as otherparties to Commission proceedings.
(g) Upon request, the executive director shall employ theresources of the public staff to furnish to the Commission, its members, or theAttorney General, such information and reports or conduct such investigationsand provide such other assistance as may reasonably be required in order tosupervise and control the public utilities of the State as may be necessary tocarry out the laws providing for their regulation.
(h) The executive director is authorized to employ, subject toapproval by the State Budget Officer, expert witnesses and such otherprofessional expertise as the executive director may deem necessary from timeto time to assist the public staff in its participation in Commissionproceedings, and the compensation and expenses therefor shall be paid by theutility or utilities participating in said proceedings. Such compensation andexpenses shall be treated by the Commission, for rate‑making purposes, ina manner generally consistent with its treatment of similar expendituresincurred by utilities in the presentation of their cases before the Commission.An accounting of such compensation and expenses shall be reported annually tothe Joint Legislative Utility Review Committee and to the Speaker of the Houseof Representatives and the President Pro Tempore of the Senate.
(i) The executive director, within established budgetarylimits, and as allowed by law, shall authorize and approve travel, subsistence,and related necessary expenses of the executive director or members of thepublic staff, incurred while traveling on official business. (1949, c. 1009, s. 3; 1963, c. 1165, s. 1; 1977, c.468, s. 4; 1981, c. 475; 1983, c. 717, s. 12.1; 1985, c. 499, s. 4; 1989, c.781, s. 41.3; 1989 (Reg. Sess., 1990), c. 1024, s. 13; 1999‑237, s.28.21A.)
