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Substitute Senate Bill No. 328

PUBLIC ACT NO. 96-247

AN ACT CONCERNING DECISIONS OF THE DEPARTMENT OF PUBLIC UTILITY CONTROL.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 16-35 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any PERSON, INCLUDING BUT NOT LIMITED TO A company, town, city, borough [,] OR corporation [or person] aggrieved by any order, authorization or decision of the Department of Public Utility Control, except an order, authorization or decision of the department approving the taking of land, in any matter to which [he or it] SUCH PERSON was or ought to have been made a party OR INTERVENOR, may appeal therefrom in accordance with the provisions of section 4-183. [The party] SUCH PERSON so appealing shall give bond to the state, with sufficient surety, for the benefit of the adverse party, in such sum as the department fixes, to pay all costs in case [he or it] SUCH PERSON fails to sustain such appeal. NO MUNICIPALITY OR POLITICAL SUBDIVISION SHALL BE DETERMINED NOT TO BE AGGRIEVED SOLELY BECAUSE THERE ARE OTHER PERSONS WHO ARE SIMILARLY AFFECTED BY THE ORDER, AUTHORIZATION OR DECISION OF THE DEPARTMENT.

(b) ANY PERSON WHO MAY APPEAL AN ORDER, AUTHORIZATION OR DECISION OF THE DEPARTMENT UNDER SUBSECTION (a) OF THIS SECTION WHO WAS AN INTERVENOR OR, AFTER TIMELY APPLICATION, WAS DENIED INTERVENOR STATUS TO THE DEPARTMENT PROCEEDING, SHALL BE LIMITED TO RAISE ON APPEAL ONLY THOSE ISSUES THAT (1) SUCH PERSON ADDRESSED DURING THE PROCEEDING OR WERE ADDRESSED IN THE FINAL DECISION OR (2) SUCH PERSON RAISED IN HIS REQUEST FOR INTERVENOR STATUS IF HE WAS DENIED INTERVENOR STATUS.

Sec. 2. (NEW) In a proceeding before the Department of Public Utility Control, the department shall give special consideration to a request for party status from a person whose interests are not otherwise adequately represented by another party to the proceeding and shall not unreasonably deny such request.

Approved June 12, 1996. Effective October 1, 1996.

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