ASSEMBLY, No. 2849

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JUNE 10, 2010

 


 

Sponsored by:

Assemblyman  JOHN J. BURZICHELLI

District 3 (Salem, Cumberland and Gloucester)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblywoman  CELESTE M. RILEY

District 3 (Salem, Cumberland and Gloucester)

 

 

 

 

SYNOPSIS

     Requires BPU to issue all orders in written form.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning orders of the Board of Public Utilities and amending R.S.48:2-40.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    R.S.48:2-40 is amended to read as follows:

     48:2-40.  a. A majority vote of the board shall be necessary to the [making] issuance of an order.

     b.    After the effective date of P.L.    , c.    (pending before the Legislature as this bill), the board shall issue every such order in written form.  If a matter is an emergency that affects public health and safety, the board may issue an order on such matter orally, provided that the board shall issue the order in writing within 14 calendar days of issuing the order orally; provided, however, that the written order shall not differ substantively from the oral order. Any board order issued orally may be made effective immediately, but if such order is not issued in written form within 14 calendar days thereafter, it shall be void and of no effect.

     c.     The board shall issue any written order by filing a copy thereof with the board secretary.  Every written order [made] issued by the board shall be served upon the person or public utility affected thereby within ten days from [the time the order is filed,] such filing by personally delivering or by mailing a certified copy thereof in a sealed package with postage prepaid to the person affected or to an officer or agent of the public utility upon whom a summons may be served.

     d.    All written orders of the board, except for those that shall previously have become effective immediately upon issuance as oral orders pursuant to subsection b. hereof, shall become effective upon service thereof or upon such dates after the service thereof as may be specified therein.

     e.     The board at any time may order a rehearing and extend, revoke or modify an order made by it.

(cf: R.S.48:2-40)

 

     2.    This act shall take effect on the 30th day after the date of enactment, but the Board of Public Utilities may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

 

 

STATEMENT

 

     This bill requires the Board of Public Utilities ("board") to issue every order in written form.  The bill allows a written order to be issued within 14 days of an oral order where a matter is an emergency that affects public health and safety provided, however, the written order could not differ substantively from the oral order. Any board order issued orally may be made effective immediately, but if such order is not issued in written form within 14 calendar days thereafter, it shall be void and of no effect.  The bill clarifies that the board shall issue any written order by filing a copy with the board secretary.