CONNECTICUT STATUTES AND CODES
Sec. 16-2a. Office of Consumer Counsel.
Sec. 16-2a. Office of Consumer Counsel. (a) There shall continue to be an independent Office of Consumer Counsel, within the Department of Public Utility Control
for administrative purposes only, to act as the advocate for consumer interests in all
matters which may affect Connecticut consumers with respect to public service companies, electric suppliers and certified telecommunications providers. The Office of Consumer Counsel is authorized to appear in and participate in any regulatory or judicial
proceedings, federal or state, in which such interests of Connecticut consumers may be
involved, or in which matters affecting utility services rendered or to be rendered in this
state may be involved. The Office of Consumer Counsel shall be a party to each contested
case before the Department of Public Utility Control and shall participate in such proceedings to the extent it deems necessary. Said Office of Consumer Counsel may appeal
from a decision, order or authorization in any such state regulatory proceeding notwithstanding its failure to appear or participate in said proceeding.
(b) Except as prohibited by the provisions of section 4-181, the Office of Consumer
Counsel shall have access to the records of the Public Utilities Control Authority and
the Department of Public Utility Control, shall be entitled to call upon the assistance of
the authority's and the department's experts, and shall have the benefit of all other
facilities or information of the authority or department in carrying out the duties of the
Office of Consumer Counsel, except for such internal documents, information or data
as are not available to parties to the authority's proceedings. The department shall provide such space as necessary within the department's quarters for the operation of the
Office of Consumer Counsel, and the department shall be empowered to set regulations
providing for adequate compensation for the provision of such office space.
(c) The Office of Consumer Counsel shall be under the direction of a Consumer
Counsel, who shall be appointed by the Governor with the advice and consent of either
house of the General Assembly. The Consumer Counsel shall be an elector of this state
and shall have demonstrated a strong commitment and involvement in efforts to safeguard the rights of the public. The Consumer Counsel shall serve for a term of five years
unless removed pursuant to section 16-5. The salary of the Consumer Counsel shall be
equal to that established for management pay plan salary group seventy-one by the
Commissioner of Administrative Services. No Consumer Counsel shall, for a period of
one year following the termination of service as Consumer Counsel, accept employment
by a public service company, a certified telecommunications provider or an electric
supplier. No Consumer Counsel who is also an attorney shall in any capacity, appear
or participate in any matter, or accept any compensation regarding a matter, before the
Public Utilities Control Authority, for a period of one year following the termination
of service as Consumer Counsel.
(d) The Consumer Counsel shall hire such staff as he deems necessary to perform
the duties of said Office of Consumer Counsel and may employ from time to time outside
consultants knowledgeable in the utility regulation field including, but not limited to,
economists, capital cost experts and rate design experts. The salaries and qualifications
of the individuals so hired shall be determined by the Commissioner of Administrative
Services pursuant to section 4-40.
(e) Nothing in this section shall be construed to prevent any party interested in such
proceeding or action from appearing in person or from being represented by counsel
therein.
(f) As used in this section, "consumer" means any person, city, borough or town
that receives service from any public service company, electric supplier or from any
certified telecommunications provider in this state whether or not such person, city,
borough or town is financially responsible for such service.
(g) The Office of Consumer Counsel shall not be required to post a bond as a condition to presenting an appeal from any state regulatory decision, order or authorization.
(h) The expenses of the Office of Consumer Counsel shall be assessed in accordance
with the provisions of section 16-49.
(P.A. 74-216, S. 6, 8; P.A. 75-486, S. 11, 69; P.A. 76-180, S. 1; 76-335, S. 2; P.A. 77-614, S. 67, 162, 164, 587, 610;
P.A. 78-303, S. 85, 136; P.A. 80-462, S. 2; 80-482, S. 340, 348; P.A. 84-342, S. 5, 13; P.A. 88-22, S. 2; P.A. 89-291, S.
2, 8; P.A. 94-74, S. 2, 11; P.A. 95-79, S. 48, 189; P.A. 98-28, S. 79, 117; P.A. 99-248, S. 2, 3; 99-286, S. 4, 19; P.A. 00-53, S. 1; P.A. 01-49, S. 2.)
History: P.A. 75-486 greatly expanded provisions re office of consumer counsel and made office an independent agency,
previously it had been "within the public utilities commission"; P.A. 76-180 added appeal provision in Subsec. (a) and
added Subsec. (g) re exemption from bond requirement; P.A. 76-335 added Subsec. (h) re expenses; P.A. 77-614 and P.A.
78-303 replaced personnel policy board with commissioner of administrative services and, effective January 1, 1979,
replaced public utilities control authority with division of public utility control within the department of business regulation
and made office of consumer counsel a division within that department; P.A. 80-462 added provisions in Subsec. (c) re
employment of consumer counsel by public service company after termination of service; P.A. 80-482 made division of
consumer counsel a division within department of public utility control (formerly division of public utility control) rather
than within department of business regulation which was abolished; P.A. 84-342 added references to department of public
utility control, in the process transferring certain duties formerly held by authority to the department in Subsec. (b); P.A.
88-22 substituted the office of consumer counsel for the division of consumer counsel; P.A. 89-291 added provision in
Subsec. (a) providing consumer counsel with automatic party status in each contested case before the department and
updated the salary group reference for the consumer counsel in Subsec. (c); P.A. 94-74 amended Subsecs. (a), (c) and (f)
by adding provisions re persons, firms or corporations certified to provide intrastate telecommunication services, effective
July 1, 1994; P.A. 95-79 amended Subsec. (f) to redefine "consumer" to include a limited liability company, effective May
31, 1995; P.A. 98-28 amended Subsecs. (a), (c) and (f) by adding electric suppliers and made technical changes in Subsec.
(c), effective July 1, 1998; P.A. 99-248 amended Subsec. (c) to increase the salary of the Consumer Counsel from group
seventy to group seventy-one and to make technical changes, effective July 1, 1999; P.A. 99-286 amended Subsec. (a) by
changing reference to persons, firms and corporations certified or seeking to be certified to provide intrastate telecommunications service to "certified telecommunications providers" and amended Subsecs.(c) and (f) by changing references to
person, firm or corporation certified to provide intrastate telecommunications service to "certified telecommunications
provider" and deleting Subdiv. designators in Subsec. (c), effective July 19, 1999; P.A. 00-53 made technical changes in
Subsec. (f); P.A. 01-49 amended Subsec. (f) to make a technical change.
See Sec. 4-38f for definition of "administrative purposes only".
Cited. 176 C. 191. Cited. 216 C. 627. Cited. 219 C. 51. Provision that otherwise permits Office of Consumer Counsel
to obtain judicial review is inconsistent with the scheme specified in the Cable Act and is therefore expressly preempted
by 47 USC 556(c). 259 C. 56.
Cited. 3 CA 416.
Cited. 44 CS 21.
Subsec. (a):
Cited. 234 C. 624. Cited. 235 C. 334.
Subsec. (e):
Cited. 235 C. 334.