Fresh Loaf

Thurbert lays down the law

A month ago, the Georgia Public Service Commission voted 3-2 to elect Commissioner Stan Wise as board chairman for a two-year term, despite the fact that state law stipulates that the chairmanship is not an elected position. In fact, the law mandates that the chairman’s seat is supposed to rotate among PSC members annually.

Chuck Eaton, one of the two commissioners who voted against the move asked state Attorney General Thurbert Baker for a legal opinion on the maneuver. This morning, he issued a six-page opinion filled with legalese, footnotes and Whereases. You can read the PDF here. But we’ll offer a paraphrased version: “That shit was illegal as hell.”

Here’s Baker’s own executive summary:

Code section 46-2-5 is constitutional; the Commission does not have the authority to declare the statute unconstitutional; the Commission is not free to disregard the statute; the Commission may not select a chairman for a two-year term; and a chairman whose term commences on July 1, 2009, may serve beyond Jan. 16, 2010, only if there are no other commissioners eligible to serve as chairman.

In other words, the vote by the PSC was in direct conflict with existing state law. But then, they already knew this because they’d tried to get the law changed!

What happens now? I can’t imagine the PSC attempting to ignore the AG’s advice, but as we’ve seen, stranger things have happened.

Bookmark It

Georgia Public Service Commissioner Stan Wise told Congress today that the state lacked sufficient wind, solar and biomass potential — which means it’s unable to meet proposed renewable energy standards.

Not so, says Stephen Smith, the executive director of the Southern Alliance for Clean Energy. After hearing the commissioner’s testimony, Smith said Wise — who has been accused before of being too close to the utilities he regulates — was “doing the bidding of Southern power companies” and singing the same ole song when it comes to Georgia’s energy potential. Smith also takes issue with U.S. Congressman John Barrow’s claim that Georgia doesn’t have enough trees for a robust biomass program.

Smith’s full statement, with links to research included, is after the jump.

(more…)

Bookmark It

WHITE ELEPHANTS Senate Bill 31 would provide safety net for Georgia Power

In 1974, Georgia Power broke ground on nuclear reactors at Plant Vogtle near Augusta, embarking on a nuclear odyssey that would nearly bankrupt the company.

Almost 15 years later — and after several delays and environmental hurdles— the project’s construction costs ballooned from $680 million to a staggering $8.4 billion. And it wasn’t until then that Georgia Power could begin to recoup the cost from ratepayers.

Now, as the state’s largest utility moves forward on two new reactors at Plant Vogtle estimated at $6.4 billion, the first in nearly 30 years, the company wants to cover its assets — and it’s enlisted the assistance of a phalanx of lobbyists and a controversial legislative plan of attack.

(more…)

Bookmark It

The Georgia Public Service Commission, the quasi-judicial state agency that determines how much you pay to turn on your lights and heat up your oven, will hold hearings next week to discuss two proposed nuclear reactors at Plant Vogtle, an power-generation plant near Augusta owned mostly by Georgia Power and Dalton Utilities.

From the PSC:

The Georgia Public Service Commission will continue its hearings on the Georgia Power Co. request seeking commission certification of two new nuclear power generation units at Plant Vogtle at 10 a.m. on Monday, January 12, 2009. The meeting will take place in Room 110 at 244 Washington Street, S.W., Atlanta, Georgia.

The hearings will continue at 10 a.m. on Tuesday, January 13, 2009 through Friday, January 16, 2009 if necessary, with the Commission Public Interest Advisory Staff and other intervenors presenting testimony and evidence in support of their positions. The January 15, 2009 hearing will begin at 1:30 p.m. The Public Interest Advisory Staff in their pre-filed testimony of December 19, 2008, recommended approval of the certificate based on Georgia Power’s acceptance of certain financial conditions recommended by other Staff witnesses.

On Feb. 9, Georgia Power will have four days to argue its case in front of the five-member commission. Briefs and proposed orders are due to PSC on March 6. On March 17, the commission is scheduled to issue its decision.

An audio webcast of the hearings can be heard on the commission’s site under “Audio Broadcast Link.” More information about Georgia Power’s request is available on the PSC’s site under Docket Number 27800.

(Photo courtesy of the U.S. Nuclear Regulatory Commission)

Bookmark It

Georgia Public Service Commissioner Angela Speir, who opted not to run for another term on the state agency that regulates utilities and telecommunication in the state, will join consumer watchdog group Georgia Watch as its deputy director in January.

“I am honored to become the deputy director of Georgia Watch, our state’s leading consumer watchdog organization,” Speir said in a press release. “It has been a blessing to serve the people of Georgia on the Public Service Commission for the past six years. I worked hard to represent Georgians on the commission and I will continue to be a hardworking advocate for Georgians at Georgia Watch.”

Speir will also launch the group’s Consumer Energy program. She’ll serve as senior program director on that initiative.

According to a press release, the Consumer Energy program will:

analyze and develop positions on legislative and regulatory proposals that affect utility pricing, energy efficiency and renewable energy. The program will also work to raise awareness of the functions of the Public Service Commission (PSC), to increase public access to the PSC, and to encourage public involvement in important legislative and regulatory decisions that affect energy cost and availability.

During her six-year term, Speir has been heralded as a consumer advocate and a voice for Georgians. She was the first woman elected to the PSC. Her notable work includes banning private communications between commissioners and the industries they regulate.

“Ultimately, our goal with this newest Georgia Watch program is to establish a credible consumer voice in Georgia on energy cost, efficiency and conservation issues,” Georgia Watch Executive Director Allison Wall said. “There is no more knowledgeable and respected advocate to shape and direct this program than former PSC Commissioner Angela Speir.”

Speir’s spot on the commission will be filled by Lauren “Bubba” McDonald, the Democrat-turned-Republican she unseated in a surprising 2002 election. McDonald defeated Democratic opponent Jim Powell, a first-time political candidate who fought a residency challenge all the way to state Supreme Court, in the Dec. 2 runoff election.

UPDATE: The AJC’s Margaret Newkirk attended Speir’s final meeting as a commissioner and paints a really beautiful scene of the moment.

Bookmark It

Subscription-based news service Insider Advantage has time traveled back to the present after a heady trip to tomorrowland. Upon exiting its gullwinged timemachine, the site called the U.S. Senate race for incumbent Saxby Chambliss.

Note the time:

BULLETIN

6:30 p.m.

(12/2/08) Based on our early evaluation of turnout in the Georgia runoff, it appears Republicans have successfully defended Saxby Chambliss’ U.S. Senate seat against Democrat Jim Martin. The four-week campaign focused national attention on the Peach State and brought John McCain, Sarah Palin, Bill Clinton and Al Gore to the state to help their parties’ respective candidates drive up turnout. Barack Obama cut an ad and a robo-call tape for Martin but didn’t risk his prestige on the race through a personal appearance.

As I write this, both the U.S. Senate and Public Service Commission races show Republicans leading 60-40. Results from Fulton, DeKalb and Clayton Counties are just now rolling in.

(DeLorean photo from Newsgroper)

Bookmark It

Public Service Commission Republican nominee Lauren “Bubba” McDonald just can’t seem to catch a break.

After a narrow July 15 primary win over energy consultant Pam Davidson and a nail-bitin’ General Election that must be decided in a Dec. 2 runoff, McDonald now has to attend a big-name fundraiser at Atlanta law firm Hall Booth Smith & Slover. The invitation promises the Bubba we know so well will do outlandish and wacky things if he gets elected. Like pursue renewable energy! The gall of these political patrons!

From a fundraiser invitation slipped to us by a tipster:

Friends,

I know this election season has been very, very long and folks have gotten inundated with calls, letters, emails, etc., but I’d like to reach out to y’all for this run-off race which will be watched all over the country and urge you to get back out and vote for Saxby and Bubba on Dec. 2nd or by Early or Absentee ballot. A Saxby win will allow the Republicans to at least have a voice in Washington DC and a Bubba win will be bring us one step closer to Energy Independence with his focus on biomass, clean coal, and nuclear energy.

On behalf of the Governor, Lt. Governor, Speaker, the Republican members of the Public Service Commission, Sen. David Shafer (Chairman of the Senate Regulated Industries & Utilities Committee), Rep. Mike Jacobs, and our terrific Host Committee, I would like to invite you to the following Reception (please print the attached .pdf invitation for directions and campaign contribution info):

Please join Governor Sonny Perdue, Lt. Governor Casey Cagle, Speaker Glenn Richardson, Chmn. Chuck Eaton, Comm. Stan Wise, Comm. Doug Everett, Sen. David Shafer, and the members of the Host Committee at a Campaign Fundraiser for Lauren “Bubba” McDonald, Jr.

WEDNESDAY, NOVEMBER 19, 2008
5:00 PM — 7:00 PM

AT THE OFFICES OF

Hall Booth Smith & Slover
1180 West Peachtree Street NW
Atlantic Center Plaza, Suite 900
Atlanta, GA 30309

Please RSVP to [redacted] at [redacted] or [redacted] by Monday, November 17, 2008

- [redacted]

Let it be noted that McDonald’s campaign contribution list reads like a summit gathering of powerful utility lobbyists and lawyers. Biomass was — and still is — one of the issues Jim Powell, a 35-year veteran of the U.S. Department of Energy and McDonald’s Democratic opponent in the  runoff, has pushed the hardest.

Bookmark It

Usually the Libertarians end up siding with Republicans. Not so in the Public Service Commission Dec. 2 runoff between Republican Lauren “Bubba” McDonald and Democratic nominee Jim Powell.

Brandon Givens, the Libertarian challenger for the seat who received the strongest showing by a third-party candidate in the Nov. 4 General Election, has announced his endorsement for Powell in the Dec. 2 runoff.

From the Powell campaign:

“After speaking with Mr. Jim Powell I’ve discovered that he too has the vision for a new system that would allow for both a free market in energy and a growth in green technology,” Givens said in a news release. “Mr. Powell also shares my strong opposition to ex parte communications, the behind-closed-doors dealings between PSC members and the industries they are charged with regulating. He will stand up for transparency in government. I strongly encourage all voters, Libertarian and fiscally conservative to vote for Jim Powell.”

…

“I congratulate Brandon Givens on the strong race that he ran and bringing attention to many of the important issues in this campaign,” Powell said. “I am honored to have his support in the runoff election.”

Powell has also been endorsed by incumbent Public Service Commissioner Angela Speir, former Republican candidate Pam Davidson, and four of the state’s major daily newspapers: the Atlanta Journal-Constitution, the Savannah Morning News. the Rome News-Tribune and the Waycross Journal-Herald.

Powell won the popular vote in both the Democratic primary and the Nov. 4 General Election. He also fought a long and tiresome battle with Georgia Secretary of State Karen Handel over his residency. Just one week before the General Election, the state Supreme Court  ruled he was eligible to run.

Bookmark It

Democratic Public Service Commission candidate Jim Powell is running almost even with Republican Lauren McDonald. This wasn’t unexpected, but Powell’s results are impressive considering all these obstacles he’s had to overcome.

With 96 percent of precincts reporting, Powell is running a percentage point ahead of Barack Obama and Democratic Senate candidate Jim Martin. He’s at 47.3 percent, just half a point behind McDonald. That lead seems likely to close, because the votes that remain to be counted are likely to lean Democratic. (more…)

Bookmark It