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.

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Georgia Trend magazine this month bestowed Georgia Power CEO Mike Garrett with the title “Most Respected Georgia Businessman.”

You think it’d be a fluff piece. But Garrett’s profile — which in the print edition is bordered by sycophantic ads hilariously congratulating the CORPORATE TITAN for this monumental achievement — is actually eye-opening.

Georgia Trend editor Susan Percy provides some additional details on the utility’s strong-arm effort to pass Senate Bill 31 during the most recent legislative session. That bill, which was recently signed by Gov. Sonny Perdue, allows Georgia Power to charge ratepayers in advance for the financing costs on two new proposed reactors at Plant Vogtle. It was widely lambasted. But bad ideas under the Gold Dome have a way of growing legs and becoming law.

Percy’s one of the first journalists we’ve seen to ask Garrett on the record about the controversial legislation — as well as the steamrollin’ way the bill was shoved down lawmakers’ throats.

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If you’ve been looking for a concise description of utility juggernaut Southern Co.’s lax attitude about getting serious about clean energy — and the state’s role in allowing them to do so — read the second letter to the editor in today’s Savannah Morning News (”Knowing the wind-Vogtle connection”).

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There must be something in the ventilation system over at the Public Service Commission that’s making those folks more than usually loopy. Yesterday, the PSC voted 3-2 to elect Commissioner Stan Wise as board chairman for a two-year term. There’s just one problem with this maneuver: It’s illegal as hell.

Bobby Baker

And it’s not as if PSC members can claim to be unaware of the law that mandates how chairmen are selected, because they tried to get the law changed during the recent General Assembly. That attempt failed; it appears this is their back-up plan.

Since 1992, Georgia law has called for the PSC chairmanship to rotate on an annual basis. Legislation sponsored by Rep. Don Parsons, R-Marietta, (but reportedly written by newly elected Commissioner Lauren “Bubba” McDonald) would have allowed the board to elect its own chairman for a three-year term. The bill passed the House, but stalled in the Senate.

As reported by the increasingly invaluable Atlanta Unfiltered, current PSC Chairman Doug Everett announced Monday that he was resigning from that post as of July 1. He then made a motion nominating Wise as chairman for the next two years, with McDonald to serve as vice-chairman. The motion passed 3-2, with members Chuck Eaton and Bobby Baker voting against it. Eaton has written a letter asking Attorney General Thurbert Baker to weigh in on the matter.

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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.

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