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Senators hear testimony on bill to overhaul Public Services Commission
By JOY BLACKBURN
Thursday, November 19th 2009


ST. THOMAS - Senators on Monday heard initial testimony on a bill that would bring major reform to the Public Services Commission.

The bill, sponsored by Sen. Shawn-Michael Malone, contains provisions that would reduce the number of PSC members to five, make them full-time paid positions, broaden their authority and give them some control over cell phone service providers in the territory.

Joseph Boschulte, chair of the commission, told members of the Financial Services, Infrastructure and Consumer Affairs Committee that the legislation was "timely and necessary."

"Senators, the significance of the bill before you cannot be overstated," he said.

The bill, he said, would create law that is necessary for the commission to provide the most efficient levels of regulation for the territory's utilities and ratepayers and to better serve the general welfare of the territory.

"The nature and the scale of the commission's duties have increased exponentially over the years. The landscape we regulate has changed dramatically and the statutes and rules that govern the commission have been dramatically outpaced by the ever-changing technology," Boschulte said.

He said the provision to make PSC members full-time, paid positions would put the PSC in line with all other public utility regulators nationwide.

The bill:

- Changes the composition of the PSC from seven volunteer members and two senators who are non-voting members to five full-time paid members. They would be appointed by the governor and confirmed by the Legislature.

- Changes member's terms from three years to five years, with a two-term limit.

- Defines the services that will fall under the PSC's purview, including electric power service, the V.I. Water and Power Authority's water supply service, franchised passenger ferry services and fees charged by the Waste Management Authority. The bill also gives the PSC regulatory authority over telecommunications services, to the extent not pre-empted by federal laws.

- Increases the penalty incurred by utilities for violations from $100 to $150.

- Identifies funds for commission investigations, which will be paid by the utility being investigated.

- Broadens the commission's authority over WAPA and limits to six months the time WAPA can back-bill for previously rendered services.

- Requires telecommunications providers to obtain a certificate of public convenience and necessity to operate a new business, predicated on a public hearing.

Malone said he wants to obtain input from other senators and plans to amend the bill. Those amendments, he said, would include setting a rate of pay for PSC members, detailing a funding source for the paid positions and staggering terms for members.

The bill was not moved out of committee on Wednesday. Malone said he plans to bring it before the committee again in the near future with the amendments attached.













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