An Act To Provide for Temporary Commissioners at the Public Utilities Commission
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, there is currently a proceeding before the Public Utilities Commission for which a quorum is not available; and
Whereas, the proceeding cannot be decided without a quorum and a delay in the case could be detrimental to all parties; and
Whereas, in order to maintain a quorum at the commission, the appointment process and confirmation process proposed in this legislation must commence as soon as possible; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 35-A MRSA §108-B is enacted to read:
§ 108-B. Lack of quorum; temporary appointment
If the commission is unable to maintain a quorum for reasons as described in subsection 1, the Governor shall appoint 3 alternate commissioners who may serve as temporary commissioners in accordance with this section.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
summary
This bill authorizes the Governor to appoint, subject to confirmation by the Legislature, 3 individuals to be alternate commissioners of the Public Utilities Commission on a case by case basis whenever 2 or more commissioners, due to a conflict of interest, disability or other reason, are unable to serve in a proceeding, which results in the commission being unable to maintain a quorum.