HB 911 -- RETAIL ENERGY CUSTOMER AND WORKER PROTECTION CO-SPONSORS: Carnahan, Wagner, Murphy, Hosmer, Green (15), Boucher COMMITTEE ACTION: Voted "do pass" by the Committee on Critical Issues, Consumer Protection and Housing by a vote of 13 to 7. This bill is the Missouri Retail Energy Customer and Worker Protection Act. The bill creates the Missouri Energy Reliability Board to standardize the reliability, safety, and customer services practices of investor- and consumer-owned electric or gas companies. In addition to its rulemaking authority over electric or gas companies, the board will institute procedures to prevent overloads on systems and cost-shifting among regulated and competitive segments of the utilities. The board must report to the General Assembly every 2 years on the adequacy and reliability of the current and future supply of electricity as well as on other required matters. The bill also requires the board to establish minimum maintenance standards for electric or gas companies providing service within the state and requires the companies to file an annual preventive maintenance plan with the board, including inspection schedules and certain record maintenance. The board will establish minimal performance standards for all electric or gas companies offering or providing service within the state. The bill also requires the board to establish reliability and maintenance service standards for worker safety, such as minimum skill sets and certification to perform critical functions. The board is authorized to determine an electric or gas company's obligation to provide service and when the company would be allowed to discontinue or refuse to provide service. The board will also establish minimum customer service standards for all electric or gas companies providing service in the state, including sufficient personnel to meet customer needs, timely action on requests for service and trouble reports, accurate billing information, a toll-free hotline, and certain information disclosures to retail customers upon request. Any electric or gas company undertaking a sale or transfer, significant downsizing, merger, or other similar transaction is required to prepare a worker transition plan and file the plan with the board within 180 days of the final date of the transaction. The company must inform affected employees prior to filing the final plan; and once the plan is in effect, the company is required to file notice with the board of any action that will result in layoffs. The plan must include such benefits to workers as voluntary severance, retraining, and outplacement services. The bill also requires the succeeding entity to recognize and work with a union representing the employees after the merger or other transaction if the company is party to a collective bargaining agreement recognized by federal or state law. The succeeding entity will refrain from making unilateral changes in the employees' terms and conditions of employment for a period of 3 years or until the existing contract expires, whichever is later. The bill has an emergency clause. FISCAL NOTE: Estimated Net Effect on Public Service Commission Fund of $0 in FY 2002, FY 2003, and FY 2004. PROPONENTS: Supporters say that electric utilities are preparing for deregulation and that workers and consumers will benefit from the establishment of service and reliability standards. Testifying for the bill were Representative Carnahan; Missouri International Brotherhood of Electrical Workers; International Brotherhood of Electrical Workers Local #2; PACE 5-6; and Missouri AFL-CIO. OPPONENTS: Those who oppose the bill say that it creates duplication of jurisdiction and a disincentive for companies to do business in Missouri. Federal law preempts states from regulating some areas included in the bill. Testifying against the bill were Utilicorp United Inc.; Ameren UE; Associated Industries of Missouri; and Missouri Chamber of Commerce. Donna Schlosser, Legislative AnalystCopyright (c) Missouri House of Representatives