Thurbert Baker: PSC acted unconstitutionally when it extended chairmanship term
Attorney General Thurbert Baker said this morning that the state Public Service Commission acted unconstitutionally when it moved to elect one of its members to a multi-year term as chairman.
The PSC voted 3-2 last month to extend the term of chairman from one year to two, putting board member Stan Wise of Cobb County, a self-described foe of “consumerists,” in the job for at least two years, starting in July.
A copy of the letter can be had here. Baker said that the PSC cannot change — on its own — the system established 55 years ago, which mandates that without unanimous consent among board members, the chairmanship must rotate among eligible members.
The PSC governs the rates charged by utilities, often a complicated matter. Supporters of the change said their goal was efficiency. “By the time you learn the chairman ropes you have to get off for five years, ” PSC Chairman Doug Everett said of the current system.
The AG’s opinion had been requested by Chuck Eaton, one of two PSC members who voted against the change. PSC member Bobby Baker also voted against it.
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6 comments Add your comment
Justin Tomczak
June 8th, 2009
1:39 pm
Great job Chuck, calling for this ruling was exactly the right thing to do. You are doing a great job for us on the PSC.
The Snark
June 8th, 2009
1:45 pm
Score one for the rule of law.
The Oddball
June 8th, 2009
1:53 pm
Not so fast, Mr. Snark. Let’s wait and see if the PSC follows the Attorney General’s advice.
Shar
June 8th, 2009
2:26 pm
The complexity and obscurity of the matters that the PSC decides, as well as the way they decide them, are almost as overwhelming as the money those decisions entail. The utilities, led by Georgia Power/Southern Company and Atlanta Gas Light/AGL Resources, have bought and paid for three of the five commissioners – Wise (surely an ironic name), Everett and Bubba McDonald, the very regrettable replacement for the much-missed Angela Speir. Those three commissioners are pushing very hard for less transparency, to purge the PSC staff of “consumerist” advocates (which is the legislative purpose of the staff in the first place) and to fast-track the processes by which the utilities raise rates – in the holy name of efficiency. They should be recalled for this coup attempt,and all the procedures of the PSC made public.
PeacheyKeen
June 8th, 2009
9:33 pm
Thurbert Baker is such a joke for the Governorship. Who will vote for him? Hispanics don’t know him. Blacks don’t like him because of his “Anti-Black” positions throughout the years, from the Genarlow Wilson case to the “Two Strikes you’re out” to the mandatory I.D. for voting…etc. Black can’t stand this man. And, Whites, especially in rural GA will never ever vote for him. They know he is a “flip-flopper”.
Down on the farm
June 9th, 2009
9:02 am
“Noting that Thurbert Baker is seeking the Democratic nomination for governor, Wise said the AG is ‘just another lawyer.’” ‘Just another lawyer’ who happens to be elected state wide by a majority of Georgians to be the lawyer for the State of Georgia. Way to respect our form of government and the rule of law! Also, Wise is not a lawyer himself and he has not identified a single other lawyer who has disagreed with Baker. If he is going to make statements like that, he should be able to at least point to 1 lawyer that agrees with him. Finally, Baker is indeed seeking the Democratic nomination for governor. But, the opinion was requested by one of Wise’s fellow Republicans. In fact, all 5 Commissioners are Republican. So, Baker’s opinion merely addresses which Republican gets to be chairman. That does not sound particularly partisan to me.