TITLE 39
Public Utilities and Carriers

CHAPTER 39-26.2
Distributed Generation Standard Contracts

SECTION 39-26.2-11


   § 39-26.2-11  Composition and appointment. – (a) The board shall consist of ten (10) members appointed by the governor with the advice and consent of the senate; seven (7) members shall be voting members, and the governor shall give due consideration to appointing persons with knowledge of: (1) Energy regulation and law; (2) Large commercial/industrial users; (3) Small commercial/industrial users; (4) Residential users; (5) Low income users; (6) Environmental issues pertaining to energy; and (7) Construction of renewable generation. Three (3) members shall be ex officio, non-voting members, one representing an electric distribution company, one representing the commissioner of the office of energy resources and one representing the economic development corporation. From the seven (7) voting members, the governor shall appoint one person to be chairperson of the board and one person to be vice chairperson of the board; the commissioner of the office of energy resources shall be the executive secretary and executive director of the board.

   (b) With the exception of the representative of the commissioner of the office of energy resources, and the representative of the economic development corporation, the initial appointments of the other ex officio, non-voting member shall be appointed for a term of two (2) years, to be thereafter reappointed or replaced by a nonvoting member with terms of two (2) years. Of the initial appointments of voting members, three (3) voting members shall be appointed for a term of two (2) years, to be thereafter reappointed or replaced by three (3) voting members with a term of two (2) years, and four (4) voting members shall be appointed for a term of one year, to be thereafter reappointed or replaced for each of the following three (3) years by four (4) voting members with a term of one year.

   (c) A simple majority of the total number of voting members shall constitute a quorum.

   (d) A vacancy other than by expiration shall be filled in the manner of the original appointment but only for the unexpired portion of the term. The appointing authority shall have the power to remove its appointee only for just cause.

   (e) The members of the council shall not be compensated for their service but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The provisions of this subdivision shall not apply to the executive secretary/executive director.

History of Section.
(P.L. 2011, ch. 129, § 1; P.L. 2011, ch. 143, § 1.)