I would like to call the house of public utilities committee to order, I would like to thank all of our staff people as always from wonderful group, for the wonderful job they do, they are keeping us on track, I also would like to thank two other groups that are here today, our Sergeant at arms, Joe Osten, Collin Adams, Joe Crook and Martha Gudersen and I also want to thank pages that we have with us today Mat Streets from Chartham County thank you, [xx] Haulman from Wake, John Perry from Durham, Nelly Mattson from Orange. Thank you very much all of you for your services. As Representative Stam comes to represent the only bill of the day I just like to make two comments, you can draw your conclusions as you will from those comments. Number one is, we only have till 1:15 because session is at 1:30 I don't expect you to take any more close to that amount of time. Number two, this is a bill that has been hotly debated by all the constituent groups for months now, Representative Stam, can attest to that the three committee chairs before you can attest to that, the exact wording you have before you has been agreed to by all the parties. I'm not telling what you can and can't do as committee members but I just want you to understand that very clearly, the exact wording that's in this bill right now, has been agreed to finally after months of meetings by all parties with that said, Representative Stam would you present the bill? Was just a committee substitute we need a motion Representative Bale seconded by Representative Moore, Representative Stam you are on. Thank you, there was a house companion bill I am handling this at a request of senator Brown there are identical bills. I believe the most important thing the bill does is move the speech of the bill atachment fees from the business court to the utility commission, I don't think a court, any court, even the really smart attorneys who are judges of the business court have any competency to the side utility rates, but that's what we have the utility commission for and so that is what is happening there. The few other provisions provides with any fees prepare attachments must be built separately and not added to a bill for electric service allows the public staff of the utility commission to be made a party in the discretion of the commission provides a fee to the commission for this acts of violence and for that reason I guess you, I expect your staff to recommend that this also has to go to finance hopefully tomorrow. And then very clearly on page two I will like you to see this, page two line beginning line 34 the commission main in its digression may consider any evidence to right making methodologies for offer to proposed by the parties, and then in section seven it makes clear as a matter of statutory construction that just because something used to be in a certified statute it's not there that's no legislative intent that it's to be not considered or deleted. And in fact some have asked me, and Representative Bishop will ask me on the floor because this bill impact the authority of the utility commission to use what is generally described as the FCC formula approach to set in poll attachment rights if it wishes to do so and I will give the answer no if the commission find such evidence to be relevant, it could be introduced and that approach could be used, the bill gives no prefix to that method or any other method that the commission deems relevant and would produce a just and reasonable result, and I'm happy to say that, happy that's not the right word, I'm content to say that the contending parties have agreed that we have finally reached the language that expresses, what they all believe should be the law. And therefore I hope someone would make relevant motion at the relevant time. I have Representative Bumgardner's hand and I know what he is raising it for, let me just say to, when I don't have public comments all constituent groups to this have agreed that they want to say nothing about this bill before the committee because they don't want to do anything that would change it. We do have with us today, we are privileged to have chairman of the utilities committee, Chairman Finley today with us, if you just raise your hand, also Executive Director of the Public Staff Chris Hairs with us today, we appreciate you folks attending. Does anybody else need to raise their hand to ask a question? I've got a motion and an order about to come up. You've had a very good explanation from Representative Stam, Representative Lukey. Thank you Mr. Chairman. Since the bill is moving these issues over to the utilities commission, I would think it would be appropriate for the Chair of the utilities commission to say just a few words about the bill and why he likes receiving it or doesn't like receiving it the. Chairman Finley would you like to respond to that very briefly? Utilities commission is an
agency that is served at the pleasure of the general assembly. Everything that we do is what you send us to do and what you don't send us to do, we don't do, so we're, if this body and it's wisdom determines to send us, this dispute poll attachment dispute to resolve we will do it, we have the staff to look into it and come to the right result and if you wishes to resolve those disputes we are happy to do it. Thank you very much chairman, any other questions? Representative Bumgardner I think you're on. Thank you Mr chairman, I move that we give this PCS a favorable report unfavorable to the original with a serial referral to finance. You've heard the motion all in favor say aye. Aye. All oppose say no, it carries the meeting is adjourned.