Fresh Loaf

Jim Powell, the Democrat who last year went through hell in his campaign for Georgia Public Service Commission, is on environmental news service Greenwire’s shortlist for the Environmental Protection Agency’s Region 4 administrator job.

Region 4, Atlanta

Territory: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee and six tribes.

Issues: Oversight of coal-fired power plants and coal-ash dumps. Of 44 coal-ash impoundment sites determined by the Obama administration to be high-hazard sites, 20 of them are this region. Wetlands protection is also a top issue, since the region includes Gulf Coast marshes and the Everglades.

Possible picks: Acting Region 4 Administrator Stanley Meiburg; acting Deputy Administrator Beverly Banister; Russell Wright, assistant administrator of Region 4’s Office of Policy and Management; John Hankinson, former Region 4 administrator in the Clinton administration; and Jim Powell, a former senior official with the Energy Department who retired in 2007.

Powell slogged through the state’s legal system in a residency challenge from Georgia Secretary of State Karen Handel, ultimately winning in state Supreme Court. Republican Lauren “Bubba” McDonald beat Powell in a runoff to replace Angela Speir.

(Photo by Joeff Davis)

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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.

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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)

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Georgia Public Service Commission Democratic candidate Jim Powell — who faces Republican Lauren “Bubba” McDonald in the Dec. 2 runoff — has a new online-only ad up on YouTube. (If YouTube ain’t your thang, Grift has it on Vimeo.)

Gotta love the floating “Bubba” heads coming out of smokestacks.

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The craziest political campaign ad I’ve seen in a long time went up on Atlanta cable TV over this past weekend. What’s so crazy about it? Well, for starters, it’s animated, monochromatic and uses flashy graphics. Also, it has no campaign rhetoric, no candidate testimonials – in fact, no voice-over whatsoever – nor does it mention the opponents and why they suck.

Instead, the ad looks like an iPod commercial – OK, maybe more like a Zune commercial, but you get the idea.

Get jiggy wit da Jimmyz!

Paid for by the Young Democrats of Atlanta, it’s a content-free appeal to the Obama Generation to come out and vote for two middle-aged guys named Jim. The only thing it lacks in order to lock in the youth vote is footage of B-boy Jim Powell doing the worm. The ad’s house-lite soundtrack does, however, show why having Apple’s music-licensing budget is a good thing.

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Former President Jimmy Carter yesterday endorsed Democrat Jim Powell in his Georgia Public Service Commission runoff against Republican candidate Lauren “Bubba” McDonald.

“I am impressed with Jim Powell’s knowledge of the issues that will be addressed by the Georgia Public Service Commission in the coming years,” President Carter said. “His vision of energy policy for our state reflects the forward-thinking approach we need, both in the near future and in the long term.

“With Jim Powell, the people of Georgia have a unique opportunity to elect a Public Service Commissioner with solid professional experience for this important position. I support Jim Powell in the December 2 runoff election.”

President Carter made the endorsement following a meeting with the candidate Thursday afternoon at the Carter Center.

“I am most honored to have the support of this great Georgian and American, President Jimmy Carter,” Powell said. “During his term in the White House, President Carter foresaw the importance of managing our energy resources and established the U.S. Department of Energy. He understands what is at stake in this election, and I am humbled that he would endorse my candidacy.”

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STAR POWER Former president stumps for U.S. Senate Democratic candidate Martin

In the quickening cold on Wednesday evening, Augustine Smith, a wide-grinning middle-aged man from Duluth by way of West Africa, leaned against a railing in the crowded Arnett Quadrangle at Clark Atlanta University, Barack Obama hat perched atop his head, and waited for the man many of these people came out to see.

Not U.S. Senate Democratic nominee Jim Martin, although the event was in his honor and Smith said he’d vote for the former state lawmaker again, but former President Bill Clinton. The president had visited Atlanta to stump for Martin in his runoff race against incumbent Republican Saxby Chambliss before zipping off to a local fundraiser.

“This country does not need to build a firewall,” Clinton told the energetic crowd of 1,500 people, referring to how Chambliss has described his role in a Democrat-controlled Senate under Pres.-elect Barack Obama. “It needs to build a bridge to the future. Martin’s the bridge, Chambliss is the firewall.”

Clinton repeated this mantra over and over as he attempted to enthuse supporters to do what Republicans know best and Democrats have historically proven unable — the tricky task of getting the voters back to the polls in a runoff.

(more…)

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Just two weeks before the Dec. 2 runoff, the Georgia Conservation Voters’ political action committee has slammed Georgia Public Service Commission Republican nominee Lauren “Bubba” McDonald on a website called “The Truth About Bubba.”

The site brands McDonald as a “special interest puppet” who consistently voted in favor of industries — the same ones who’ve contributed “hundreds of thousands of dollars” to his campaigns — when he previously served on the commission. The site includes specific instances where it says McDonald pushed for helping out the utilities more than Georgians.

“Having Bubba McDonald serve on the Public Service Commission is like letting the fox guard the hen house,” says Chris Osborne, Executive Director of Georgia Conservation Voters. “During his tenure holding public office, Bubba McDonald has proven to be nothing more than a puppet of the special interests. He has consistently voted against middle class ratepayers in favor of his campaign donors.”

McDonald is running against Democratic candidate Jim Powell. CL endorsed Powell in its General Election issue.

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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.

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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.

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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…)

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The state Supreme Court unanimously ruled today that Public Service Commission Democratic nominee Jim Powell can stay on the ballot.

UPDATE: Grift has some discussion on his site about the ruling, plus the actual opinion. You can also download it here.

Here is the release from the court:

STATE SUPREME COURT AFFIRMS POWELL’S RUN FOR PSC

Atlanta, Oct. 30, 2008 – The Supreme Court of Georgia today upheld James R. Powell’s right to run in Tuesday’s election for a seat on the Public Service Commission.

Secretary of State Karen Handel had appealed a Fulton County Superior Court ruling that sided with Powell and overturned her decision finding Powell ineligible to run based on where he lived. In June 2008, Handel first challenged Powell’s qualifications a month after he filed his intent to run as a Democrat against Republican Lauren McDonald for the PSC District 4 post. She argued that a homestead exemption Powell had on his Cobb County property established an irrefutable presumption of legal residence and proved Powell did not live in the North Georgia district he seeks to represent. In her appeal, Handel argued that under state law, the trial court should have given deference to her interpretation of the law on residency that she is in charge of enforcing.

But in today’s unanimous decision, written by Justice Robert Benham, the Supreme Court disagrees. “It is the role of the judicial branch to interpret the statutes enacted by the legislative branch and enforced by the executive branch…, and administrative rulings will be adopted only when they conform to the meaning which the court deems should properly be given,” 8-page opinion says. The facts of the case are not in dispute, merely the interpretation of the law, the opinion points out.

In 2006, Powell purchased a second home in Towns County, which is in District 4. In 2007, he attempted unsuccessfully to transfer his homestead exemption from Cobb to Towns County, but he missed the filing deadline. Evidence shows Powell spends more than 60 percent of his time in Towns County, where he has voted three times, attends church and pays taxes.

The residency law, which is Section 21-2-217 in the Official Code of Georgia, lists 15 rules for determining a candidate’s legal residence. At least seven apply to Powell, the Supreme Court has found, “but the Secretary’s decision did not take into account any of the applicable rules other than the homestead exemption rule.”

“We agree with the superior court that the Secretary committed an error of law that authorizes reversal of the Secretary’s decision,” today’s opinion says.

More to come.

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U.S. Senate Democratic nominee Jim Martin is touring Georgia in a final push to convince undecided voters. Today, Martin and Public Service Commission Democratic nominee Jim Powell make several stops during the former state lawmaker’s “Road to Change” bus tour.

After the jump, the full list of stops.

(more…)

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For you political junkies out there **cough**Grift, sara**cough**, here’s the state Supreme Court case summary of the Jim Powell and Georgia Secretary of State Karen Handel residency slugfest. These excellent write-ups are penned by Jane Hansen, the court’s public information officer. She’s a former AJC reporter and two-time Pulitzer Prize finalist.

Monday, October 20, 2008

10:00 A.M. Session

HANDEL V. POWELL (S09A0074)

This appeal stems from a dispute between Secretary of State Karen Handel and James R. Powell, who is running for a seat on the Public Service Commission. Handel is appealing a Fulton County Superior Court ruling that sided with Powell, overturning Handel’s decision that Powell was ineligible to run based on his residency. The Supreme Court agreed to expedite oral arguments in the case.

(more…)

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A source sends word that the Georgia Supreme Court will hear arguments in the Jim Powell residency kerfuffle on Monday, Oct. 20 at 10 a.m.

Georgia Secretary of State Karen Handel started fighting Powell — the Democratic nominee for the Public Service Commission’s Northern District — shortly before the primary. Even with that cloud hanging over the race, Powell still walked away with 85 percent of the vote. The nominee’s had a tough time raising funds and campaigning because of the legal challenges, but he’s pushed on regardless. (To read CL’s coverage, click here.) No telling if the justices will issue a ruling before the Nov. 4 General Election.

Powell faces Republican nominee Lauren “Bubba” McDonald and Libertarian Party nominee Brandon Givens.

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At Manuel’s Tavern on Tuesday night, there were chicken wings, some hummus, lots of beer, and a roomful of residents who were tired of Georgia’s reputation as a coal-dependent embarrassment when it comes to energy. In other words, it was a typical night at Manuel’s. But on this night, the crowd was talking with someone who says he can change the state’s filthy energy ways.

Jim Powell, the Democratic nominee for the Georgia Public Service Commission — the quasi-judicial state agency that helps determine how much it costs to keep your lights turned on and your house toasty warm — was amongst nearly 50 well wishers at the Tuesday night fundraiser held in his honor at the political pub in Poncy-Highland.

Organized by some of the city’s leading environmental activists, the benefit was one of several scheduled around the state to give Powell, a former executive with the U.S. Department of Energy, a financial advantage over his well-financed opponent on Nov. 4, Bubba McDonald.

Powell, in contrast to McDonald, has pledged not to accept contributions from  lawyers and lobbyists who represent the industries he’d regulate should he win the  general election. (”How could I be objective and make decisions on your behalf — and my behalf — if I’m taking money from them?” he asks the crowd.) While a boon for his integrity, that promise has left Powell in a lurch when it comes to cash. He’s just now getting the chance to widely distribute yard signs. Television commercials, considered one of the best ways to reach voters in any race, may prove too costly, he says.

So what does a guy who wants to run for one of the state’s most powerful — yet misunderstood — agencies  do?

(Photo courtesy Jim Powell for Georgia Public Service Commission)

(more…)

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Angela Speir, the Public Service Commissioner who’s stepping down after her current term ends and is widely considered an advocate for everyday Georgians, is endorsing Democratic candidate Jim Powell for her soon-to-be-open seat.

“In this time of skyrocketing energy costs and with the elimination of the Consumers Utility Counsel, it’s more important than ever to elect a good person to the Public Service Commission,” Speir said. “Jim Powell has my vote,  endorsement, and prayers for his success.”

Powell, a former official with the U.S. Dept. of Energy, has been fighting a back-and-forth residency battle with Georgia Secretary of State Karen Handel. Even after being booted from the ballot just days before the primary, he was granted a stay by a Fulton County Superior Court Judge and went on to garner 85 percent of the vote. The state Supreme Court has agreed to hear the case but has not yet set a date.

Speir, a Republican, urged voters to look past ideology and partisan affiliation  and vote for Powell in what many believe is going to be a top-down ballot. “Doing the right thing transcends political parties,” she said.

Speir also stressed a need for voters to be aware of the differences between Powell and his opponent in the race, Lauren “Bubba” McDonald. Speir unseated McDonald on the commission in 2002.

(more…)

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Some familiar Democratic names, such as Congressman John Lewis, D-Ga., are scheduled to be on hand for the “For The People Rally” in Gainesville on Sunday, Sept. 21. The former Civil Rights activist and longtime lawmaker will be the afternoon’s keynote speaker. Billed as  a day that “celebrates the values of the Democratic Party,” the gathering will be held from 1 pm to 5 pm. All ages are invited.

Lewis will be joined by U.S. Senate Democratic Party nominee Jim Martin, Public Service Commission candidate Jim Powell and Congressional Candidates Jeff Scott, Bobby Saxon, Bill Jones and Doug Heckman.

Former State Legislator and Congressional Candidate Wyc Orr will be the evening’s host of the event.

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Jim Powell, the Public Service Commission candidate who’s been both campaigning for a seat on the powerful agency and fighting a residency challenge through Georgia’s legal system, will get his day in state Supreme Court.

The candidate, a former U.S. Department of Energy official, says the court has denied Georgia Secretary of State Karen Handel’s request to send the case back to the Court of Appeals and have placed it on the calendar for November. (I think it’s safe to say they’d hear the case prior to election day on Nov. 4 — it’s early and I’m awaiting confirmation from the court’s spokesperson.)

Powell’s fought a long battle so far. He first faced a residency challenge posed by Bob Indech, his opponent in the July 15 primary. After Powell cleared that obstacle, Handel booted him from the ballot in an eleventh-hour decision. A Fulton County Superior Court judge granted him a stay the day before the primary and he went on to trump Indech 85-15. Since then, it’s been a game of legal ping pong between Powell and the state’s guardian of the polling place. The state’s highest court is where the back-and-forth must end.

“It’s hurting me,” Powell says when asked of the legal battle’s impact. “It’s obviously been a distraction. The biggest disadvantage is in fundraising.”

Distractions aside, he says he’s continuing his campaign. Today’s schedule is nothing but fundraising meetings and phone calls.

To read CL’s ongoing coverage of the Battle of Powell©, click here.

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 — It’s convention time: balloons, big speeches, inspiring video bios. Bernita is in Denver and blogging for Blog For Democracy. The first thing she does is piss off the Secret Service. Uh-oh.

— Amy Morton from Georgia Women Vote is also in Denver. She has steered clear of aggravating the Secret Service, and managed to have breakfast with Heath Shuler, the former college quarterback turned Congressman.

— Everyone knows John McCain was a prisoner of war, partly because he keeps reminding us. At Politits, the question is asked: Is McCain POWing it into the ground? Perhaps Saxby Chambliss should run against McCain since he could put McCain’s war record into perspective, just like he did with Max Cleland.

— A federal judge ruled in favor of Jim Powell last week, saying Secretary of State Karen Handel wrongfully tried to remove him from the ballot in the Public Service Commission race. But DriftGrift says Democrats shouldn’t gloat just yet.

— Over at Chicken Fat, Edwin has a bigger fish to fry: world peace.

— And finally, Mother Time pays a visit to the Wren’s Nest to claim the Ouija Board she left there decades ago.

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The ball was back in her court and she played it like we thought she would.

Georgia Secretary of State Karen Handel — whose spokesperson said she was disappointed by last week’s Fulton County Superior Court ruling that put Public Service Commission candidate Jim Powell back on the ballot — is now contesting that decision in the Georgia Court of Appeals. She filed an appeal this morning, the candidate said.

“I’m going to continue fighting this in court,” Powell said. “Looks like we’ll take it all the way to the state Supreme Court if we have to.”

No word yet on when the appeal will be heard. To read CL’s coverage of the never-ending PSC brouhaha, click here.

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No word yet from Georgia Secretary of State Karen Handel if her office will appeal yesterday’s ruling in Fulton County Superior Court that Public Service Commission candidate Jim Powell is indeed eligible to run for office in his district.

After the jump, Powell’s statement regarding the legal ping-pong match.

(more…)

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Jim Powell, the Public Service Commission candidate who’s been wrangling with Georgia Secretary of State Karen Handel over whether he was eligible to run for office, told CL minutes ago he has won his appeal.

“I just got a two-word e-mail from my attorney saying, ‘We won,’” Powell said.

No other details to report at the moment. If Powell or Handel release a statement, we’ll post it here. A spokesperson for Handel says the office is “disappointed” with the Judge’s ruling and are reviewing it. They’ll have a lengthier statement to offer tomorrow.

Powell won nearly 85 percent of the vote in the July 15 primary against opponent Bob Indech. He will now ostensibly go on to face Lauren “Bubba” McDonald in the November’s general election. To read CL’s coverage of the PSC brouhaha, click here.

UPDATE: Griftdrift posted his thoughts about the case plus a good collection of links to news stories.

(Photo courtesy of Jim Powell for PSC)

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— Sad news from Decatur. Andy Peters at the Deal Watch blog reports that the company that owns the Crescent Moon diner filed for bankruptcy protection. Although the diner, which has two other locations, has remained open, Peters reports the diner’s Decatur landlord wants to start eviction proceedings.

— The United States is on the verge of becoming majority minority, and Reporter Cub celebrates our diversity.

— Over at Politits, Dcup strays from politics to discuss some real-life adventures in parenting three kids.

— But politic junkies, fear not. At Tondee’s Tavern, Mcantone looks at Karen Handel’s quest to have Jim Powell disqualified from the Public Service Commission election.

— Doug Richards at Live Apartment Fire has dug up a 15-year-old “inside the newsroom” video produced by WAGA-TV. For those who have been in Atlanta that long, it’s a fun trek back in time to really bad haircuts, including Amanda Davis doing her best Sheila E.

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Public Service Commission candidate Jim Powell’s court case against Georgia Secretary of State Karen Handel has been rescheduled for Friday, Sept. 5 at 9:30 a.m. in Fulton County Superior Court. His case will be heard by Judge Thelma Wyatt Cummings Moore in Courtroom 4-E.

Moore’s name may sound familiar — her recent ruling that the state must consider carbon dioxide when issuing air permits slammed the brakes on Georgia’s first coal plant in 20 years. That ruling is being appealed.

To read CL’s coverage of the PSC brouhaha, click here.

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