AG 97-02.

• Case Date: May 12, 1997
• Court: Rhode Island

Rhode Island Attorney General Opinions 1997. AG 97-02. OFFICIAL OPINION 97-02May 12, 1997The Honorable Lincoln AlmondGovernor of the State of Rhode Island State House Providence, Rhode Island 02903 Dear Governor Almond: Pursuant to your responsibility to nominate candidates to serve as commissioner of the Public Utilities Commission, you have requested an advisory opinion concerning R.I. Gen. Laws §39-1-35. You indicate that you have nominated an individual to serve as commissioner for the Public Utilities Commission ("PUC"). The nominee and/or his spouse own stocks, bond or securities in a company which is subject to the supervision of the PUC. The individual intends to divest himself of those securities prior to assuming the duties of a commissioner. You ask whether the nominee is statutorily prohibited from serving as a commissioner. R.I. Gen. Laws §39-1-35, entitled "Conflict of Interest," sets forth various circumstances which the legislature has determined render it inappropriate for an individual to serve as a PUC commissioner. In its original form, the statute provided:

"A person in the employ of or holding any official relation to any company subject to the supervision of the commission or engaged in the management of the company, or owning stock, bonds, or other securities thereof, of who is, in any manner, connected with the operation of the company in this state, shall not be a commissioner or clerk of the commission;..."

P.L. 1969, ch. 240, sec. 1. The statute thus precluded a person from serving as a PUC commissioner if the individual had a current official relationship with, or ownership interest in, a regulated utility. In 1996, the legislature amended the statute to provide as follows (the underlined language reflects the language added to the statute):

"A person or his/her or (sic) dependent child, spouse, of any person, who is or has been in the past one (1) year, in the employ of or holding any official relation to any company subject to the supervision of the commission, or engaged in management of the company, or owning stocks, bonds, or other securities thereof, or who is, or has been in the past one (1) year, in any manner connected with the operation of the company in this state, shall not be a commissioner or clerk of the commission;..."

P.L. 1996, ch. 316, sec. 1. Thus, the legislature added...