MARVIN MANDEL, Governor

2087

Article 78 — Public Service Commission Law
5.

[[(A)]] THE COMMISSION CONSISTS OF FIVE
COMMISSIONERS, APPOINTED BY THE GOVERNOR WITH THE ADVICE
AND CONSENT OF THE SENATE, ONE OF WHOM SHALL BE THE
CHAIRMAN. THE COMMISSION SHALL BE BROADLY REPRESENTATIVE
OF THE PUBLIC INTEREST, AND SHALL BE COMPOSED OF PERSONS
WITH DIVERSE TRAINING OR EXPERIENCE [[ IN ONE OR MORE OF
THE FOLLOWING: ECONOMICS, RESOURCE PLANNING, UTILITY
REGULATION AND OPERATION, ENGINEERING, LAW, ACCOUNTING,
FINANCE AND OTHER AREAS OF SPECIALIZATION CONNECTED WITH
PUBLIC SERVICE COMPANY REGULATION]]. EACH COMMISSIONER
UPON TAKING OFFICE SHALL BE OR PROMPTLY BECOME A
RESIDENT AND REGISTERED VOTER OF MARYLAND AND SHALL
REMAIN SUCH DURING HIS TERM OF OFFICE. THREE OF THE
COMMISSIONERS SHALL SERVE FULL-TIME. THE REMAINING TWO
COMMISSIONERS NEED NOT BE FULLTIME. THE OFFICE OF
CHAIRMAN SHALL BE FILLED INITIALLY, AT THE EXPIRATION OF
EACH TERM, AND UPON AN EARLIER VACANCY IN THE OFFICE, BY
A PERSON NOMINATED AS SUCH BY THE GOVERNOR AND CONFIRMED
BY THE SENATE. COMMISSIONERS SHALL BE ELIGIBLE FOR
REAPPOINTMENT.

[[(B) A PERSON MAY NOT BE ELIGIBLE FOR APPOINTMENT
TO THE COMMISSION WHO. WITHIN THE PREVIOUS TWO YEARS, HAS
BEEN EMPLOYED BY A PUBLIC SERVICE COMPANY REGULATED UNDER
THE TERMS OF THIS ARTICLE OR, WAS A PARTNER OF OR
EMPLOYED BY A LAW FIRM. TRADE ASSOCIATION. ACCOUNTING
FIRM, ENGINEERING FIRM OR OTHER BUSINESS WHICH HAS

DERIVED MORE THAN 50 PERCENT OF ITS REVENUE FROM

REGULATED FIRMS.

(C) THE SENATE SHALL CONDUCT PUBLIC HEARINGS TO

DETERMINE THE COMPETENCY AND IMPARTIALITY OF THE

GOVERNOR'S APPOINTEE PRIOR TO CONFIRMATION.]]

15.

(A) THE OFFICE OF PEOPLE'S COUNSEL SHALL EVALUATE
ALL MATTERS PENDING BEFORE THE COMMISSION TO DETERMINE IF
THE INTERESTS OF RESIDENTIAL USERS OF GAS, ELECTRICITY,
TELEPHONES, OR WATER AND SEWERAGE OR OF NONCOMMERCIAL
USERS OF OTHER REGULATED SERVICES (HEREINAFTER REFERRED
TO AS RESIDENTIAL AND NONCOMMERCIAL USERS) ARE AFFECTED.
IT SHALL APPEAR BEFORE THE COMMISSION AND THE COURTS ON
BEHALF OF THOSE USERS IN ALL MATTERS OR PROCEEDINGS
[[OF]]OVER WHICH THE COMMISSION HAS ORIGINAL JURISDICTION
AND IN WHICH THE OFFICE OF PEOPLE'S COUNSEL DEEMS THEIR
INTEREST TO BE INVOLVED INCLUDING, BUT NOT LIMITED TO,
PROCEEDINGS WITH REGARD TO THE RATES, SERVICE, OR
PRACTICES OF ANY PUBLIC SERVICE COMPANY OR ANY VIOLATION
OF THE PROVISIONS OF THIS ARTICLE. [[HE]]IT SHALL HAVE,
IN SUCH APPEARANCES, ALL THE RIGHTS OF COUNSEL FOR A
PARTY TO THE PROCEEDING, INCLUDING BUT NOT LIMITED TO
THOSE SPECIFIED IN § 82. THE PEOPLE'S COUNSEL MAY APPEAR
BEFORE ANY FEDERAL OR STATE AGENCY AS NECESSARY TO