Rebuilding the Florida PSC

November 1, 2009

http://www2.tbo.com/content/2009/nov/01/co-rebuilding-the-florida-psc/

The public agrees that we need a responsible, independent, ethical and competent Florida Public Service Commission. You know it. I know it. The governor and Cabinet know it. The Legislature knows it.

Knowing and doing are a long ways apart.

Consumers in Florida who rely on the PSC to make fair and impartial decisions have lost faith in a system that was legislatively created, one that allows for input from the public and all interested parties.

Should we go back to an elected commission or stay with the appointed commission? Does it make a difference either way?

I do not support returning to an elected PSC. Just who do you think would make the significant contributions to the campaigns? Even if we implemented public financing, the soft money loopholes that plague our system would result in the same dysfunctions.

A nominating commission properly restructured to more fairly represent the range of interests and skills affected by the PSC's decisions would provide for a more neutral commission.

Let us look at such a commission. It may include the public counsel, Florida Board of Accountancy chair, the Construction Industry Licensing Board, president of The Florida Bar, president of the Florida Chamber of Commerce, president of the League of Cities, a representative of organized labor, a representative of an organization serving senior citizens, representatives of public-interest organizations such as Common Cause, the League of Women Voters and the Sierra Club. Such appointments could be rotated between the Cabinet and the Legislature.

Yes, it would seem that we cannot entirely avoid the political aspect of the process. The commission acts both in a quasi-judicial and legislative capacity. In Virginia and Alabama, commissioners are administrative law judges. I doubt there would be support for doing the same in Florida. However, as an alternative, where the PSC is acting in its quasi-judicial capacity, such as in contested rate cases, the commissioners would by law be appointed and acting as administrative law judges._Administrative law judges are not subject to control, supervision or direction by any party, department or commission of state government. They also are subject to the ethical canons of judges requiring them to uphold the integrity and independence of their position while avoiding any appearance of impropriety. Hal McLean of the Office of Public Counsel said he would prefer "the PSC to have a more formal judicial format," adding he would "welcome any effort by the Legislature to have commissioners act more like judges."

The PSC was created to serve and protect the interests of consumers, not cater to utility companies. However, both consumers and utilities are entitled to impartial, non-political due process. Changes have been made in the past, but it is obvious that more needs to be done if we are to have some balance at the PSC.

Walt Dartland is executive director of the Consumer Federation of the Southeast and a former Florida deputy attorney general.