386.135. Independent technical staff for commission authorized, qualifications--personal advisors permitted--corresponding elimination of positions required--duties of technical staff. - Missouri Statutes

Independent technical staff for commission authorized,qualifications--personal advisors permitted--correspondingelimination of positions required--duties of technical staff.

386.135. 1. The commission shall have an independent technicaladvisory staff of up to six full-time employees. The advisory staff shallhave expertise in accounting, economics, finance, engineering/utilityoperations, law, or public policy.

2. In addition, each commissioner shall also have the authority toretain one personal advisor, who shall be deemed a member of the technicaladvisory staff. The personal advisors will serve at the pleasure of theindividual commissioner whom they serve and shall possess expertise in oneor more of the following fields: accounting, economics, finance,engineering/utility operations, law, or public policy.

3. The commission shall only hire technical advisory staff pursuantto subsections 1 and 2 of this section if there is a correspondingelimination in comparable staff positions for commission staff to offsetthe hiring of such technical advisory staff on a cost-neutral basis. Suchtechnical advisory staff shall be hired on or before July 1, 2005.

4. It shall be the duty of the technical advisory staff to renderadvice and assistance to the commissioners and the commission'sadministrative law judges on technical matters within their respectiveareas of expertise that may arise during the course of proceedings beforethe commission.

5. The technical advisory staff shall also update the commission andthe commission's administrative law judges periodically on developments andtrends in public utility regulation, including updates comparing the use,nature, and effect of various regulatory practices and procedures asemployed by the commission and public utility commissions in otherjurisdictions.

6. Each member of the technical advisory staff shall be subject toany applicable ex parte or conflict of interest requirements in the samemanner and to the same degree as any commissioner, provided that neitherany person regulated by, appearing before, or employed by the commissionshall be permitted to offer such member a different appointment or positionduring that member's tenure on the technical advisory staff.

7. No employee of a company or corporation regulated by the publicservice commission, no employee of the office of public counsel or thepublic counsel, and no staff members of either the utility operationsdivision or utility services division who were an employee or staff memberon, during the two years immediately preceding, or anytime after August 28,2003, may be a member of the commission's technical advisory staff for twoyears following the termination of their employment with the corporation,office of public counsel or commission staff member.

8. The technical advisory staff shall never be a party to any casebefore the commission.

(L. 2003 H.B. 208, A.L. 2004 H.B. 1548)