48.01.100 General Powers and Duties of the PSC

(a) The Department and the PSC shall operate as an independent body, subject to all applicable law, but independent in its daily operations.

(b) The Department shall be responsible for seeing that all Public Services are provided to as great a number of citizens and members of the Territory as practicable, either through Direct Service or Contract Service, by constructing, maintaining, operating, repairing, and preplacing public service and public utilities infrastructure, whether owned by the Tribe and by a private Contract Service Provider, including but not limited to all electric power water, telecommunications, and waste, including but not limited to main transmission mechanisms, storage mechanisms, power stations, transfer stations, main lines, turnouts, valves, hydrants, treatment facilities, pumping stations, pumps for septic tanks, and solid waste collection and disposal.

(c) The PSC shall conduct an annual review of public service rates, connection charges, and any other fee or charge assessed by any Direct or Contract Service provider to determine the appropriateness of the provider, the reasonableness of rates and fees, essential operating requirements of the public utility, and similar rates and fees in comparable communities. The Commission shall compile a summary annual report and shall provide such report to the Council at an Open Public Meeting.

(d) The Commission shall also consider the following factors in determining the appropriateness of the provider and the reasonableness and equity of rates, charges, and fees:

(1) Promotion and preservation of competition (when appropriate and available) to keep consumer costs down;

(2) Promotion of consumer choice (when appropriate and available);

(3) Impact on the quality of life for the tribal members, including privacy considerations;

(4) Promotion of universal service; and

(5) Promotion of efficiency and productivity.

(e) The PSC shall have the power to regulate rates for public utility service regardless whether Direct Service or Contract Service. The PSC President shall call at least two Special Meetings to hold public hearings prior to adopting any rate regulations. Any rate, charge, or fee increase occurring as a result of such regulation by the Commission shall not take effect until at least ninety (90) days after the second hearing.

(f) Each Division shall have the power to negotiate for Contract Service, including the rates, connection charges, and other fees assessed by any public service provider, regardless whether Direct or Contract, subject to approval by the Commission and applicable law. The PSC President shall call at least two Special Meetings to hold public hearings prior to any rate, charge, or fee increase taking effect. Any rate, charge, or fee increase established as a result of such negotiation shall not take effect until at least ninety (90) days after the second hearing.

(g) Prior to adopting proposed regulations or approving a proposed negotiated agreement, which may increase rates, charges, or fees, the Commission shall notify the Council of such regulations or negotiations.

(h) The Commission shall have the authority to monitor and order maintenance upon any public service or public utility infrastructure or project, regardless whether such infrastructure is operated, maintained, repaired, or replaced by a Division of the Department or a Contract Service provider.

(i) The Council reserves the authority to select public utility providers and to negotiate or set rates, charges, or fees by written resolution without regard to the Department, Commission, or this title.