ASSEMBLY, No. 2104

STATE OF NEW JERSEY

INTRODUCED JUNE 3, 1996

By Assemblymen WISNIEWSKI and COHEN

An Act concerning certain rate-making procedures for public utilities and supplementing chapter 2 of Title 48 of the Revised Statutes.

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

    1. a. Notwithstanding any law, rule, regulation or order to the contrary, the Board of Public Utilities shall adopt a final decision or order in a rate-making proceeding pursuant to section 3 of P.L.1983, c.454 (C.48:2-32.7) within 120 days of the date on which the recommended decision is filed pursuant to subsection b. of section 2 of P.L.1983, c.45 (C.48:2-32.6), unless all parties to the rate-making proceeding consent in writing to an extension.

    b. If the board fails to adopt a final decision or order in a rate-making proceeding pursuant to section 3 of P.L.1983, c.454 (C.48:2-32.7) within the 120-day period required by subsection a. of this section, or within such further time as may be consented to by the parties to the rate-making proceeding, the recommended decision filed pursuant to section 2 of P.L.1983, c.45 (C.48:2-32.6) shall be adopted as the final decision of the board pursuant to section 3 of P.L.1983, c.454 (C.48:2-32.7).

    2. The board shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt any rules and regulations necessary to effectuate the purposes of this act.

    3. This act shall take effect immediately.

STATEMENT

    This bill requires the Board of Public Utilities to adopt a final decision or order in a rate-making proceeding within 120 days of the filing of an recommended decision by an administrative law judge pursuant to section 2 of P.L.1983, c.45 (C.48:2-32.6), unless all the parties to a rate-making proceeding consent in writing to an extension.

    Under current law, if the board fails to act upon an administrative law judge's decision within 45 days after receipt, the decision is deemed adopted as the board's decision. Upon certification of good cause by the Director of the Office of Administrative Law and the board's chairman, the 45-day limitation may be extended.

    By limiting the amount of time that the board has to adopt its final decision or order to 120 days, this bill is intended to promote greater certainty among consumers and businesses regarding the issuance of decisions in contested utility rate cases.

Requires BPU to issue final decision or order within 120 days of recommended decision.