PSC Votes To Delay Chairmanship Matter

Today the Public Service Commission decided not to fight the state Attorney General. He disagrees with them on their plan to change how their chairman is determined. But three of the five PSC members disagree with his recent legal opinion, so the matter remains alive.

Last week, Attorney general Thurbert Baker told the Public Service Commission it was violating Georgia law. The PSC wants to elect its chairman, instead of a going by a state-mandated yearly rotation. In addition, the Commission wants to lengthen the chairman’s term from one to two years.

One of the two PSC commissioners who voted against the change, along with Chuck Eaton, is Bobby Baker:

"I was hoping the Attorney General's opinion would have eliminated any ambibuity regarding the commissioners previous actions on May 5th, and that they would have taken his advice to heart and eliminate this problem."

But instead, a cloud of legal limbo remains. Today’s PSC meeting sparked some back-and-forth on the commission panel. Stan Wise disagrees with the attorney general’s opinion, and with fellow commissioner Baker:

"It’s still just an opinion. It's subject to put this Commission in position where we have to fight. Somebody has to challenge this decision...we don't just have to back it up, just because the attorney general makes an opinion."

The challenge involves the state Constitution. Wise, Lauren McDonald, and current commission chairman Doug Everett say it does give the PSC the right to elect its own chair. But a statute was put in-place in 1992 by lawmakers mandating the current system. A bill to remove the provision this year died in the General Assembly’s final hours.

Everett says he and the other two want the change for continuity-sake:

"We are the only agency that changes a chairman every year, a lot of times in mid-stream of a very important project. That's the reason we were trying to do what we did."

But watchdog groups worry if the Commission gets to elect its own chairman, consumer-friendly PSC members may never get the top job.

The PSC decided not to push for legal action now. Instead, the three commission members pushing for change only tabled the matter until next January. That’s when they hope lawmakers will remove the block of a state law.

Georgia Gazette Tuesday, June 16, 2009

Join host Rickey Bevington tonight for Georgia Gazette. On tonight's show … Can the Public Service Commission defy a 16 year election law? The debate continues today. More CRCT fallout… one senator wants to make it illegal to cheat. And we take you back to the day Six Flags over Georgia opened. These stories and more tonight on Georgia Gazette at 6, 7 in Athens, re-broadcast at 11, hear our show any time at www.gpb.org/georgiagazette, and download a free podcast on iTunes.

PSC's McDonald Aims For Lesser Fine

Public Service Commissioner Lauren McDonald could face fines of more than $20,000 for campaign ethics violations. But McDonald argues the case should be thrown-out, with only a minimal fine.

The case stems from McDonald’s 2002 campaign for a seat on the Public Service Commission. He lost that race to Angela Speir. McDonald agrees with the state Ethics Commission that during that campaign, he had thousands of dollars of un-reported contributions and expenses.

"Let me make something very clear. I recognize the fact at the time in ’02 that I was late filing those reports. They were all filed, but not timely. And it was a surprise to me that they just surfaced in the middle of a very statewide campaign."

McDonald says he felt assured by ethics officials in 2004 that corrected reports he filed solved the problem.

When asked by an administrative law judge Monday how much he should be fined, McDonald said about $5,000. However, current ethics laws could allow for a much bigger fine than that.

An initial judge’s ruling on a possible fine should come in the next 30 days. The PSC then decides whether to accept or reject that ruling.

McDonald was re-elected to the PSC last year.

Runoff election roundup

U.S. Senate -
Republican Saxby Chambliss re-elected to his Senate seat, defeating
Democratic challenger Jim Martin.

Chambliss 57.4% (1,220,854)
Martin 42.6% (905,637)


Public Service Commission-District 4 --
Republican Lauren McDonald defeats Democrat Jim Powell

McDonald 56.5% (1,129,696)
Powell 43.5% (870,195)


Court of Appeals--
Sara Doyle defeats Mike Sheffield

Doyle 51.8% (883,702)
Sheffield 48.2% (823,462)

State certifies elections, runoffs

It's official. There will be a runoff election for Georgia's U.S. Senate race. Candidates Republican Senator Saxby Chambliss and Democrat Jim Martin have been preparing for a re-match, and today the Secretary of State certified all election results from November 4th. The Secretary of State also certified two other runoff elections for the Public Service Commission in District 4 and for the Georgia State Appeals Court. Early voting is next Monday, Tuesday and Wednesday. Advance voting starts November 24th through Wednesday the 26th. The runoff election will be held statewide on December 2nd. For a full list of certified races, click here.

State election roundup--UPDATED

U.S. Senate--

Georgia’s U.S. Senate race may indeed be headed for a runoff on December 3rd. The latest numbers as of 8am show Republican incumbent Saxby Chambliss has fallen below the 50% plus-1 vote margin to avoid runoff. Chambliss has 49.8% percent of the vote, compared to Democratic challenger Jim Martin's 46.8%. Libertarian Allen Buckley has 3.4% percent. This is with 96% of precincts reporting.

Georgia presidential race--

The 15 electoral votes from Georgia are still in limbo, as absentee and early voting ballots from heavier populated counties are still being counted. John McCain holds the 52.4%, to 46.9% edge on Barack Obama. Meanwhile, across Georgia for state Democrats, there were celebrations into the early morning hours to mark the national victory of Obama as the next president.

U.S. House races--

Around the state yesterday in Georgia’s election, the U.S. House races of note included victories for Jim Marshall in the 8th--the Democrat returns to Washington for a fourth term by getting 57% of the vote over Rick Goddard. Republican Paul Broun keeps his seat in the 10th, with 61% of the vote to defeat Bobby Saxon. Democrat John Barrow won his race in the 12th--66% of the vote to turn away John Stone.

Other races--

The two Public Service Commission races that were contested Tuesday--one may be going to a runoff. The northern District-4 has Democrat Jim Powell with 47.9%, less than a percentage point ahead of Lauren McDonald. In PSC District-1, Republican Doug Everett has won with 67% of the vote to defeat Libertarian John Monds.

Handel responds to Powell ruling

Secretary of State Karen Handel says she’s concerned about future impact of a Thursday ruling by the Georgia Supreme Court. In a decision concerning Democrat Jim Powell and whether he should be removed from the ballot in his District-4 candidacy for a Public Service Commission seat, the state’s top court says his name should stay. The court says Handel "committed an error of law" when she disqualified Powell based on his application for a homestead exemption at a residence outside the district he’s seeking. The court said Handel could have taken into account other rules determining residency. Handel, a Republican, in her statement Thursday said the ruling paves the way for an avalanche of residency claims in future candidate qualifying periods. Handel says her office would not have a clear standard to evaluate candidates’ status.

Supreme Court: Powell is on PSC ballot

The Georgia Supreme Court unanimously ruled today that Democrat Jim Powell is eligible to run for the Public Service Commission seat in District 4.

Secretary of State Karen Handel challenged Powell's eligibility a month after he filed his intent to to run for the post earlier

[Read More...]

this year. Handel claimed that Powell was ineligible to run for the seat in District 4 because he claimed a homestead exemption on his Cobb County property, which is located in District 5.

However, aside from the homestead exemption, the state residency law lists 14 other rules for determining a candidate's residence. The Supreme Court ruled that “the Secretary’s decision did not take into account any of the applicable rules other than the homestead exemption rule.”

“It is the role of the judicial branch to interpret the statutes enacted by the legislative branch and enforced by the executive branch,” writes Justice Robert Benham in the 8-page opinion.

The court held that it was the interpretation of the law, not the facts of the case,that was in dispute.

Surprise Endorsement, Heated Discussion Marks PSC Race

Shortly after the taping of the Public Service Commission District 4 debate today, a surprise endorsement came for Democratic candidate Jim Powell. Republican Pam Davidson, who herself ran for the District 4 seat, endorsed the Democrat.

Davidson lost by 3 percentage points against current Republican candidate Lauren “Bubba” McDonald during the summer primary. During the campaign, Davidson linked McDonald to the utility industry, saying he had a cozy relationship with executives.

McDonald has repeatedly brushed off the criticism, noting he lowered electric rates during his first term on the PSC between 1998-2002.

In an interview with GPB after the debate, Davidson, an energy lobbyist, said “If you knew what I knew[about his relationship with the industry] you’d have run against Bubba yourself. He's not fit for this job.” Davidson didn't provide specific examples. Davidson also says she doesn’t care about whether the endorsement of a Democrat hurts her political future in the Republican Party or her job as a lobbyist.

During the debate, McDonald pushed back against numerous questions highlighting his ties to the industry. Meanwhile, Jim Powell answered repeated questions about why his residency for the seat is in dispute.

The Public Service Commission District 4 debate will air tonight at 7 p.m. on your GPB T.V. station.

GA Power offers cheaper green energy

Georgia Power is offering cheaper “green” energy. The Public Service Commission approved a rate-change yesterday to the utility’s Green Energy program.

The new rate allows customers to buy 100 kilowatt blocks for $3.50. That’s a one-dollar reduction from before. Also approved.... a large-volume purchase package, permitting cheaper green energy for big customers.

The power comes from landfill gases. Georgia Power will also offer a premium more expensive product with at least 2 percent coming from solar.

State Supreme Court takes up candidacy

Georgia's top court has agreed to decide whether a Public Service Commission candidate's name can appear on November's ballot. It's an appeal by Secretary of State Karen Handel, who argues that Democrat Jim Powell doesn't meet the residency requirement to run in the north Georgia district. Handel disqualified Powell and two other Democrats from running for office days before the July primary. But Powell went on to win the most votes. Democrats have accused Handel, who is a Republican, of playing politics.

State audit critical of PSC oversight of moving companies

A routine state audit reports the Public Service Commission does not do a good job of licensing and overseeing in-state moving companies. The Atlanta Journal Constitution details a report from the state Audits and Accounts Department. It shows without good oversight, non-legitimate movers can entice customers with low prices, only to pry more money from them once furniture is on the trucks. The PSC is the state’s consumer watchdog agency for many industries. The AJC quotes Public Service Commission Commissioner Bobby Baker,Jr. saying they’re doing the best they can with available resources.

Powell Faces Another Appeal

Democratic Public Service Commission District 1 Candidate Jim Powell could be booted off November's statewide ballot depending on how an appeals judge rules in his ongoing residency dispute. Powell did not homestead his District One property in North Georgia before entering the race, and Secretary of State Karen Handel determined that Powell did not live in the district when he filed to run. Two judges have so far disagreed with that ruling, and so now Handel is appealing.

Powell, a Hiwassee resident, says he is being politically targeted by Handel, a Republican.

A spokesman for Handel denies the court appeal is politically motivated, and says the office will continue seeking Powell's removal from the ballot.

Powell is campaigning as a consumer advocate, and favors heavier regulation of utilities than the other members on the commission.

Powell says the ongoing court battles are hurting his fundraising, as donors are reluctant to dole out campaign cash for a candidate that might be thrown off the ballot "I think that's part of the strategy the Secretary of State has is to take me off message and take me off the campaign."

Powell faces Republican Lauren Bubba McDonald, a well financed candidate in favor of looser regulatory restrictions on utilities.

Judge says Democrat can serve office

A Fulton County judge has ruled that Democrat Jim Powell's name can stay on the ballot in November. Judge Wendy Shoob's ruling Thursday reversed the decision by Georgia's top elections official to disqualify Powell from the election.

Secretary of State Karen Handel's office said it "strongly disagreed" with the decision and that it may appeal. Powell was disqualified from the race for a seat on Georgia's Public Service Commission days before the July primary on grounds that he doesn't meet residency requirements. A judge later ruled Powell's name could remain on the ballot. He earned more than 330,000 votes and easily defeated opponent Bob Indech.

Handel's office dismissed accusations that politics were involved in the decision. Powell has called it "dirty politics at its worst."

(Associate Press)

Powell to Handel: Stop Being Like Katherine Harris

Jim Powell says he first started hearing the rumors over the weekend. What was different about this rumor, as opposed to most political rumors, is that it was one hundred percent true. Jim Powell, largely considered by Democratic leaders as the front runner for the Public Service Commission District 4 Nomination, was kicked off the ballot. This is how Powell says he found out about it:

“I received an email Sunday night, July 13 from a Pickens county Election Board member telling me that he had received an email indicating that I had been disqualified as a candidate.”

Powell has been dogged by other rumors he moved into the district just to run for the seat. Eventually, those rumors made their way to court. However, an administrative judge ruled Powell is a legitimate resident of District 4. During a debate earlier this month, Powell declared “It’s no longer an issue.” His primary opponent, Robert Indech, concurred, saying “In my opinion it is a dead issue.”

Call it the issue from beyond.

Less than a week before the primary, the Secretary of State rose that "dead issue" from the grave and has seemingly buried Powell’s candidacy. Secretary Karen Handel ruled because Powell did not claim a homestead exemption for his house in Towns County, he does not live in the district.

Handel has the authority to determine whether a candidate is eligible, and can do so anytime before the election.

Powell says the whole thing looks like a “sham.” In a lengthy discussion with Georgia Public Broadcasting last night, he objected to the fact he was never personally notified. The Secretary of State’s office instead contacted his attorney, who is out of the country.

Powell also called Handel “the second coming of Katherine Harris,” in reference to the former Florida Secretary of State at the center of that state’s 2000 Presidential re-count.

Yet, Powell has never fully explained why he opted out of homesteading his Towns County home. Powell instead homesteaded his home in Cobb county, and also received mail delivered to that address. The Secretary of State’s office concluded his wife also lived there full time. In an earlier statement, Powell said his wife lived with him in Towns County.

Powell maintains his removal from the ballot is politically motivated. A spokesman for Handel’s office disputes that, saying the decision was made based on facts. State office spokesman Matt Carrothers told GPB “It’s disappointing [Powell] is resorting to personal name calling.” Carrothers also acknowledged his office did not contact the candidate directly.

For now, Powell’s name will stay on the ballot. A Fulton County Judge has stayed Handel’s decision.Yet, should Powell win the nomination as expected, he will have to once again prevail in court.

Powell acknowledges this puts him at a disadvantage against his likely Republican opponent, Lauren “Bubba” McDonald. And if he is ultimately booted from the ballot, Powell says he doesn’t know if he’ll steer his grassroots supporters towards Democrat Bob Indech.

“I have reservations” Powell said, before adding, “I just can’t say right now.”

SCANA settles with customers

SCANA Energy has settled its dispute with Georgia's Public Service Commission over its variable-rate plans. The company agreed to give credits worth 1.25 million dollars to customers. The PSC investigated both SCANA and Georgia Natural Gas after some customers said they were misled and charged a higher amount than others for a standard variable-rate plan.

Georgia Natural Gas had agreed in March to give credits to affected customers--SCANA at the time rejected the settlement, saying state rules were not violated. Each of SCANA's affected customers would get credits up to 25 dollars.

Gas company to credit customers

Another natural gas company has agreed to credit Georgia homeowners after a rate dispute. SCANA Energy is agreeing to give credits worth $1.25 million dollars – up to $25 for each customer. Georgia Natural Gas already agreed to credit customers. The settlement ends an investigation by the state Public Service Commission after customers complained they were misled about SCANA and GNG’s variable rate plan.

Georgia Power gets approval for rate hike

Customers of Georgia Power can expect the average residential bill to go up by about $2.93 starting in July. Tuesday, the Public Service Commission approved a rate hike request of Georgia Power. The state’s largest utility had asked for an additional 222-million dollars to help pay for higher fuel costs—--the PSC approved an amount about 7-million below that.

Georgia Power to ask for rate hike

Georgia Power wants a three-percent rate increase to cover its rising cost of buying coal and natural gas. The company will take its request to the Public Service Commission. A Georgia Power spokesman says the request is for a "pass through charge"--a non-profit charge only used to recover additional money spent on fuel. If the rate hike request is approved, the average residential customer would see bills go up by about three-dollars a month after June 1st. The PSC will have a decision on May 20th.

Plans set for new nuclear reactors in Ga.

Georgia Power says it plans to design and build two nuclear reactors at Plant Vogtle in east Georgia. The state’s largest utility will submit its proposal to the state Public Service Permission and U.S. Nuclear Regulatory Commission. Both groups must give approval before construction can begin. Plant Vogel is currently home to two nuclear reactors. No new nuclear power plants have been licensed since 1979.