516 - Audits of certain utilities.

     § 516.  Audits of certain utilities.        (a)  General rule.--The commission shall provide for audits     of any electric, gas, telephone or water utility whose plant in     service is valued at not less than $10,000,000. The audits shall     include an examination of management effectiveness and operating     efficiency. The commission shall establish procedures for audits     of the operations of utilities as provided in this section.     Audits shall be conducted at least once every five years unless     the commission finds that a specific audit is unnecessary, but     in no event shall audits be conducted less than once every eight     years. A summary of the audits mandated by this subsection shall     be released to the public, and a complete copy of the audits     shall be provided to the Office of Trial Staff and the Office of     Consumer Advocate.        (b)  Management efficiency investigations.--In addition to     the audits mandated by subsection (a), the commission shall     appoint a management efficiency investigator who shall     periodically examine the management effectiveness and operating     efficiency of all utilities required to be audited under     subsection (a) and monitor the utility company responses to the     audits required by subsection (a). For the purposes of carrying     out the periodic audit required by this subsection and for     carrying out the monitoring of audits required by subsection     (a), the commission is hereby empowered to direct the management     efficiency investigator to conduct such investigations through     and with teams made up of commission staff and/or independent     consulting firms; further, the commission may designate specific     items of management effectiveness and operating efficiency to be     investigated. The management efficiency investigator shall     provide an annual report to the commission, the affected     utility, the Office of Trial Staff and the Office of Consumer     Advocate detailing the findings of such investigations.        (c)  Use of independent auditing firms.--The commission may     require an audit under subsection (a) or (b) to be performed by     an independent consulting firm. When the commission, under     either subsection (a) or (b), orders an audit to be performed by     an independent consulting firm, the commission, after     consultation with the utility, shall select the firm and require     the utility to enter into a contract with the firm providing for     payment of the firm by the utility. The terms of the contract     shall include all reasonable expenses directly related to the     performance of the audit or to the management efficiency     investigation activities of independent consulting firms at the     utility, as well as their preparation and presentation of     testimony in any contested litigation which may be undertaken as     a result of the audit findings under subsection (a) or (b). That     contract shall require the audit firm to work under the     direction of the commission.        (d)  Other powers of commission unaffected.--This section is     not intended to alter or repeal any existing powers of the     commission.     (Dec. 21, 1984, P.L.1240, No.234, eff. 60 days; July 10, 1986,     P.L.1238, No.114, eff. imd.)        Cross References.  Section 516 is referred to in sections     523, 2204 of this title.