A. The commission or the Public Advocate may require, by order or subpoena to be served on any public utility in the same manner that a summons is served in a civil action in the Superior Court, the production of any books, accounts, papers, records or verified copies of them kept by a public utility or within the control of a public utility in any office or place within or outside the State, so that an examination may be made by the commission or the Public Advocate or under its their direction.

B. A public utility or its agent who fails to comply with an order or subpoena commits a civil violation for which a forfeiture of not less than $50 nor more than $500 may be adjudged for each offense. Each day of noncompliance constitutes a separate offense.

C. Subject to the requirements of the United States Constitution and the Constitution of Maine and upon a finding that there is probable cause to believe that a public utility is altering, amending, removing or destroying any of its books, accounts, papers or records in an attempt to frustrate an investigation of the commission or the Public Advocate, a Judge of the District Court or a Justice of the Peace, at the request of the commission or the Public Advocate and without notice, may issue a search warrant requiring seizure of those documents that are necessary for the commission or the Public Advocate to discharge its duties.

Sec. 5. 35-A MRSA §1701, sub-§3, as enacted by PL 1987, c. 141, Pt. A, §6, is amended to read:

3. Service. The professional employees of the Public Advocate shall, including the Deputy Public Advocate, Senior Counsel, Business Services Manager, Economic Analyst, Research Assistant and Special Assistant to the Public Advocate, serve at the pleasure of the Public Advocate; all and are designated confidential employees.__All other employees of the Public Advocate shall be are subject to the Civil Service Law.

Sec. 6. Allocation. The following amounts are authorized for assessment in the Public Advocate assessment pursuant to the Maine Revised Statutes, Title 35-A, section 116, subsection 8 and are in addition to any amounts authorized for assessment in the unified current services budget legislation for the biennial budget for fiscal years ending June 30, 2000 and June 30, 2001.