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Office of People’s Counsel says rising caseloads and consultant costs strain small agency
Summary
The Office of People’s Counsel told the committee its caseload and technical needs have grown rapidly, saving customers an estimated $800 million over five years while pressing for more staff and budget flexibility to handle complex PJM and FERC litigation.
The Office of People’s Counsel (OPC) told the Appropriations subcommittee its workload and litigation demands have increased markedly and that the office is under-resourced to keep pace.
DLS presented OPC’s fiscal 2027 allowance of $8.4 million and noted stable authorized positions (28) with several vacancies. OPC’s David Lapp said the office participated in 226 cases in fiscal 2025 and estimated it has saved customers about $800 million over the last five years through advocacy and litigation. He cited a recent federal appellate outcome in OPC’s favor related to the capacity market and said the office is pursuing refunds totaling about $180 million.
Lapp warned that rising consultant rates and complex, longer-term litigation increase OPC’s resource needs: he said consultant witness costs that were about $150,000 in prior cases have been quoted at $300,000 in current proceedings. OPC urged consideration of additional staffing and noted its statutory cap on spending is tied to utility revenues, which constrains immediate growth.
Committee members pressed OPC about a recent audit finding that some consulting contracts were awarded to vendors not listed as in good standing. OPC staff acknowledged lapsed vendor registrations contributed to the issue and said procurement procedures have been strengthened, including automatic checks of vendor standing and increased use of competitive sourcing when feasible.
Members asked OPC to provide a follow-up report and to share data similar to what DLS supplied for the PSC so lawmakers can evaluate requests for additional positions or changes to statutory caps.
