Constance Slaughter-Harvey, Esquire

*1 Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

*1 In addition to the prohibition against a public service commissioner, commission or public staff employee, or any candidate for public service commissioner accepting contributions, directly or indirectly, as outlined in your letter, Section 77-1-11(2) also prohibits owners, agents or representatives of regulated entities or any person acting for said owner, agent or representative from making such contributions.

*1 In response to your first question, as we read the statute in question, the phrase “either directly or indirectly” refers to the manner in which a commissioner, commission or public staff employee, or candidate may receive a contribution and not to whether an individual contributor has a direct or indirect interest in a regulated company. The statute specifically prohibits a commissioner, commission or public staff employee or candidate from accepting any gift, pass, money, campaign contribution or any emolument or other pecuniary benefit whatsoever, either directly or indirectly, from any person interested as owner, agent or representative, or from any person acting in any respect for such owner, agent or representative of a regulated company. In our opinion, a shareholder would be considered an owner for the purposes of the Section 77-1-11. An employee of a regulated company, in our opinion, would not per se be in the category of an owner, agent, or representative unless he has been authorized to act in the capacity of an agent or representative. An employee could, of course, act for an owner, agent or representative and therefore be subject to the prohibitions. We do not read the prohibitions of Section 77-1-11 to automatically apply to an independent contractor who has a contract with a regulated company. Again, an independent contractor could act as a representative or agent of the company and be subject to the prohibition of the statute.

*2 In response to your second question, again it is our opinion that the phrase “either directly or indirectly” refers to the manner of receiving a contribution rather than to the contributor having a direct or indirect interest in a regulated company. Acceptance of a contribution from an owner, agent, representative or from one acting for an owner, agent or representative of a regulated company, in our opinion, constitutes a violation. We find no requirement that it be a “knowing” acceptance in order to be a violation. Also, as previously stated, it is a crime for owners, agents or representatives of a regulated company or persons acting on their behalf to make such contributions. Anyone making a prohibited contribution faces the possibility of being fined not less than five thousand dollars ($5,000.00), or imprisoned in the State Penitentiary for not less than one (1) year, or both.

*2 In response to your third question, it is the opinion of this office that electric power associations are “public utilities” under the jurisdiction or supervision of the Public Service Commission and are subject to the prohibitions of Section 77-1-11.