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This entry was published on 2021-11-12
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SECTION 4
The public service commission
Public Service (PBS) CHAPTER 48, ARTICLE 1
§ 4. The public service commission. * 1. There shall be in the
department of public service a public service commission, which shall
possess the powers and duties hereinafter specified, and also all powers
necessary or proper to enable it to carry out the purposes of this
chapter. The commission shall consist of five members, to be appointed
by the governor, by and with the advice and consent of the senate. A
commissioner shall be designated as chairman of the commission by the
governor to serve in such capacity at the pleasure of the governor or
until his term as commissioner expires whichever first occurs. No more
than three commissioners may be members of the same political party
unless, pursuant to action taken under subdivision two, the number of
commissioners shall exceed five, and in such event no more than four
commissioners may be members of the same political party.

* NB Effective until December 8, 2021

* 1. There shall be in the department of public service a public
service commission, which shall possess the powers and duties
hereinafter specified, and also all powers necessary or proper to enable
it to carry out the purposes of this chapter. The commission shall
consist of five members, to be appointed by the governor, by and with
the advice and consent of the senate. A commissioner shall be designated
as chairman of the commission by the governor to serve in such capacity
at the pleasure of the governor or until his term as commissioner
expires whichever first occurs. At least one commissioner shall have
experience in utility consumer advocacy. No more than three
commissioners may be members of the same political party unless,
pursuant to action taken under subdivision two of this section, the
number of commissioners shall exceed five, and in such event no more
than four commissioners may be members of the same political party.

* NB Effective December 8, 2021

2. Notwithstanding subdivision one, whenever the commission shall
certify to the governor that additional commissioners are needed for the
proper disposition of the business before it, the governor may increase
the membership of the commission to seven members by appointing two
additional commissioners by and with the advice and consent of the
senate. The terms of office of such additional commissioners and the
filling of vacancies during such terms shall be governed by subdivision
three, except that upon the expiration of the terms of such additional
commissioners, no further appointments or reappointments shall be made
to such additional offices, unless the commission shall first certify to
the governor that the need for additional commissioners continues to
exist.

3. The term of office of a commissioner shall be six years from the
first day of February of the calendar year in which he shall be
appointed and commissioners shall serve on a full-time basis. Upon a
vacancy occuring otherwise than by expiration of term in the office of
any commissioner, the governor, by and with the advice and consent of
the senate, shall fill the vacancy by appointment for the unexpired
term.

* 4. Any commissioner appointed on or after July first, two thousand
twenty-two, pursuant to this section shall have education and training,
and three or more years of experience in one or more of the following
fields: economics, engineering, law, accounting, business management,
utility regulation, public policy, consumer advocacy or environmental
management.

* NB Effective March 8, 2022