Lawmakers suggested that the commission's late-night vote
Thursday did little to inspire public confidence and provided the
most recent example of why commissioners deserved to be stripped
of their offices.
Senate President Thomas V. Mike Miller said that if lawmakers
reconvene in a special session, they should reconsider the bill
they passed this year that would have fired the PSC's five members
and required the appointment of a new panel. Gov. Robert L.
Ehrlich Jr., who selected four of the commissioners, vetoed the
bill.
"If we do meet in the interim, that's got to be an integral
part of any bill that we pass," Miller said, adding that he is
leaning toward backing a special session.
Legislators criticized the commission for meeting in private
Thursday - just two hours after the conclusion of a long and
contentious public hearing on the matter - to vote 4-1 for the
plan Ehrlich negotiated with Constellation Energy, the parent
company of BGE.
"I'm sure it's going to add impetus for the general public and
the members to revisit the issue" of revamping the commission,
said House Speaker Michael E. Busch.
During the 90-day General Assembly session, many lawmakers
railed against the commission, charging that it favors the
interests of the utility companies over ratepayers. The
legislature approved a bill by veto-proof margins to effectively
dismiss all five commissioners and replace them with appointees
sanctioned by the General Assembly. With members focused on
crafting a solution to the electricity rate increase problem,
however, the matter was not taken up again after Ehrlich's veto.
Ehrlich spokesman Henry Fawell said yesterday that lawmakers
missed their chance during the session to address the makeup of
the commission. "They had the opportunity in the legislative
session, just like they had an opportunity to help ratepayers, and
they chose not to," Fawell said.
Sen. Brian E. Frosh, a Montgomery County Democrat who voted for
the bill, said commission Chairman Kenneth D. Schisler should be
the first one out the door.
"Ken Schisler should say goodnight and turn out the lights,"
Frosh said. "I don't believe he's capable of leading the agency in
a competent and fair way."
Frosh said Ehrlich needs to take responsibility for the PSC's
vote this week, which was unexpected and came after a raucous
public hearing during which residents expressed great confusion
about how the rate reduction proposal would work. Though the
meeting doesn't appear to violate open meeting laws, according to
a spokesman for the Maryland attorney general, Frosh said it
showed "egregious errors in judgment."
In addition to Schisler, Ehrlich's appointees to the board are
attorney Allen M. Freifeld; Karen A. Smith, who served previously
as the governor's director of intergovernmental affairs; and
Charles R. Boutin, a former member of the House of Delegates who
was reported recently to have used his state computer to e-mail a
convicted prostitute.
As lawmakers and company officials worked to hammer out a plan
in the waning days of the session, e-mails were released by the
Harford County sheriff's office revealing that Boutin, who is
married with three children, met with the prostitute in a Towson
hotel room last October, while he was a member of the PSC.
The fifth member of the commission, Harold D. Williams, was
appointed by Gov. Parris N. Glendening. Williams, who was the lone
vote Thursday against Ehrlich's rate reduction plan, said
yesterday "that more time should have been allotted for
deliberation on such a critical situation." Still, he said he
treasures his job on the commission and hopes he'll be able to
keep it.
"I was sent there to do a job, and that was for the people of
Maryland, and I take that very seriously," Williams said. "And I
hope and pray that I will be able to continue to provide that
level of service to the people of Maryland because it means a lot
to me."
Sen. E.J. Pipkin, an Eastern Shore Republican, called the
Thursday vote a "rubber stamp" for a plan that he said serves the
interests of the utility companies. Pipkin said he voted for the
bill to shake up the PSC, and he would do it again.
"I just think instead of the Public Service Commission, it's
become the Public Sellout Commission," he said. "They sold out
consumers. They seem to be acting with no shame, and shame on
them."
Del. Kumar P. Barve, a Montgomery County Democrat, said the
Thursday night vote showed that the commission discovered "a neat
way to get around the open meeting law."
Barve said the governor's deal, with the PSC's blessing, should
be eliminated in favor of the compromise plan that died the last
day of the General Assembly session. Barve wants to see a special
session to revisit that proposal and the bill to shake up the PSC.
"I don't think the commission has behaved in good faith in the
public service," he said. "I think the public interest appears not
to be at the forefront of their thoughts."
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