The chief backers of bills to reform the Public Service Commission moved closer to an agreement Monday, but differences remained between the vastly different plans.
In a half-hour meeting with Sen. Mike Fasano, R-New Port Richey, a vocal critic of Florida utility companies who sponsored the Senate legislation, Rep. Stephen Precourt, R-Orlando, relented on a central aspect of his bill: splitting the regulatory staff from the PSC. Precourt, who chairs the committee where the House PSC plan originated, agreed to study the idea and bring it back to the Legislature next year.
Fasano questioned whether there was enough time to transfer records to a new Office of Regulatory Staff, which would be housed under the Cabinet in the House bill.
I absolutely think it can and I think its in the best interest of the citizens of the state of Florida, Precourt replied. I think its something we should do.
But, Precourt said, the plan should be studied if the details cant be worked out, and lawmakers should answer questions about how to transfer the work to a new office rather than having a new executive director have to do that as his first assignment.
Im happy to take stuff out, he told Fasano, who quickly replied I have no problem with conducting a study.
Prior to Mondays meeting, there had been little movement between the chambers since the House bill (HB 7209) cleared a key committee last week. The plan is vastly different than Fasanos bill, which was approved by the Senate in the first week of session. That measure (SB 1034), focuses more on eliminating off-the-record communications between utility employees and PSC staffers, which was the basis of the firestorm last fall that precipitated both pieces of legislation.
Despite the agreement to study the restructuring of the PSC Monday, differences remained over the Houses plan to move the Office of Public Counsel from the Legislatures control to the Attorney General and over the Houses requirement that future PSC Commissioners have bachelors degrees.
Fasano said the Office of Public Counsel, which argues before the PSC on behalf of customers, has been effective where it is.
The concern that I have with putting it with the Attorney General, though I trust the present and future (attorneys general), you could really play some politics, Fasano said. Im very leery about that. I think its worked well.
Fasano asked Precourt how firm he was on the proposal, but Precourt demurred, saying Were just trying to separate them up so they can operate as independently as possible.
On the requirement that PSC commissioners have completed college, which is widely believed to be a shot at current PSC Chairwoman Nancy Argenziano, it was Fasano indicating his stance was firm.
I could never agree to that, Fasano said.
Precourt said the House was trying to develop language that would address Fasanos concerns that the provision unfairly targeted Argenziano, which he denied was the intent.
Were trying to develop some language that would address your concern that there are some people out there that dont have these degrees but they have done something and have shown a degree of success and the skill set that would be a good match for being a commissioner at the PSC, Precourt said. Our language isnt so much targeted at anything that the governor is doing or existing commissioners or past commissionerers or the like, but at potential gaming of the system.
Fasano countered that he did not think the Legislature needed to set requirements to serve on the PSC since all candidates are vetted by lawmakers.
It is the Legislature a joint committee that sends the names to the governor, he said. Im not sure why wed want to have this requirement of having a bachelors degree or all of this 10 years of professional service or 6 years of professional experience in one or more of the following fields, when its the Legislature that actually interviews these individuals and sends the list to the governor.
If they dont feel this person is qualified, they wont send the name to the governor, he continued. We have the final say when you think about it. We dont need this.
Instead, Fasano suggested allowing the governor to reject the initial list of nominees given to him by the Public Service Commission Nominating Council. Precourt said he had not previously thought about the proposal, but would consider it.
With two weeks remaining in the 2010 session, both men indicated they would like to see further agreement on their respective bills and agreed to meet again later this week.
I really would like to get something passed, Fasano told Precourt. The (Senate) President indicated that if we dont get something done then its the status quo and that is not good.
Prior to the meeting Monday, Fasano had said he was not sure an agreement could be reached.
"I'm concerned that there's actually a movement out there by some in the House that they don't want a bill passed, he told the News Service after a committee meeting Monday morning. For whatever reason, I don't know. I think that's being pushed by the utility companies."
After the meeting, however, Fasano was more optimistic.
It sounds like theyre willing to move quite a bit and theyre being quite generous, he said. Theres a couple more (issues) we have to go over. I think we are a bit closer. Im much more optimistic than I wasearlier about maybe getting something done.
If a deal cannot be reached by April 30, the bill could be included in a rumored summer special session dealing with ethics reforms. Gov. Charlie Crist, who has said he preferred the Senates PSC bill and called the Houses measure a power grab, has asked a statewide grand jury to send him suggestions on combating public corruption, but he may not have those suggestions until after the end of the regular session.
