Florida Public Service Commission Chairwoman Nancy Argenziano said she was disappointed by Gov. Charlie Crists method of replacing her and Commissioner Nathan Skop on the panel next year with Tampa lawyer Julie Brown and West Palm Beach city official Eduardo Balbis though not with the actual choices themselves.
I dont know the two people personally and Im not saying anything disparaging about them, she told the News Service of Florida in a telephone interview Wednesday. All I know is after being involved (in the PSC process as legislator and a commissioner), this process is corrupt. Validating this process does nothing to change it.
Argenziano had urged Crist to ignore the list of seven names the PSC Nominating Council sent him last month after
the panel declined to interview her and Skop, who were seeking second four-year terms on the panel.
They didnt have the let me say this delicately testicular fortitude to have us come before them, she said. They did it in a cowardly way.
Instead of taking Argenzianos advice, Crist picked Brown and Balbis, the only two finalists who did not have explicit ties to power companies or state government. The picks, Crists fifth and sixth PSC nominations since the fall of 2009, continued a chess match between the governor and the Legislature, which ousted two former commissioners lawmakers said were too inexperienced after the PSC voted down rate increases for the states largest power companies.
Argenziano acknowledged that Crist was continuing to try to put utility outsiders on the PSC, saying I think he picked the best of the list, who maybe he thought were not as connected.
But she still would have preferred to see Crist let the 30-day deadline during which he had to choose from the list of finalists come and go, she said.
If I were governor, heres what my press release would have said: Ive had enough. Its a corrupt process. Let (lawmakers on the PSC Nominating Council) pick and own it so their constituents can throw them the hell out, Argenziano said. Im disappointed in our governor. Ive been a friend of his, and Ill continue to be a friend of his (but) I think that would have resounded with energy users.
In picking Brown and Balbis, Crist for a second time passed over Sen. Lee Constantine, R-Altamonte Springs, who had been chairman of the PSC Nominating Council until he became candidate for the commission himself, and former PSC Executive Director Mary Bane, who led the agency's full-time staff from 2002-2009. He also bypassed a former Missouri public service commissioner; a Florida Senate Communications, Energy & Utilities Committee legislative analyst and an engineer who previously worked for Progress Energy, the state's second largest electric utility.
Argenziano, while seen as a maverick on the panel who has consistently opposed utilities, wasnt technically an outsider when appointed she is a former state senator, though she was often seen as a rebel there in her own Republican Party.
That notwithstanding, Argenziano said with lawmakers controlling the names Crist can select from, the definition of outsider on the list of finalists is still likely to be limited.
There comes a point when you have to realize everyone involved knows the last time four commissioners got removed (for voting against utilities), she said. Does anybody believe theyre going to allow fair people to be on there again, in the majority? They may have two fair votes, but Im going to say a prayer for them, because theyre in for a jolt if they try to be fair.
Not every vocal PSC critic was as disappointed with Crists decision to tap Balbis, 38, and Brown, 35, to the $130,036-a-year posts. Perhaps the most outspoken PSC critic in the Legislature, Sen. Mike Fasano, R-New Port Richey, praised the governors choices, saying he personally recommended Brown to Crist.
She is well-known, well-respected and I believe, as the governor wants, will put the consumer first, said Fasano, who is one of Crists few remaining Republican allies in the Legislature since he broke with the party in his race for the U.S. Senate.
Sen. Mike Bennett, R-Bradenton, who chairs the PSC Nominating Council, told the News Service Tuesday that Brown and Balbis would likely be confirmed by lawmakers, with him leading the charge. However, Fasano said that the pair could meet a similar fate as former Commissioners David Klement and Benjamin Stevens, especially if a big rate case comes before the PSC before lawmakers have to confirm them.
What concerns me is if any important vote comes before the commission and they happen to side with the consumers, does the Florida Senate toss them out? Fasano said. I cant predict what the Florida Senate is going to do because the Florida Senate is unpredictable.
If Brown and Balbis are faced with a vote that could imperil their job security, Fasano said the duo should not consider the politics of the decision.
Id ask the new commissioners to do whats right for the consumers, not whats right for the utilities, he said.
AARP spokeswoman Leslie Spencer, whose organization usually opposes rate increases before the PSC, said Wednesday she was optimistic Brown and Balbis would look out for consumers.
We look forward to working with them, she told the News Service. Based on their backgrounds, theyre experienced with regulatory issues and they understand the importance of protecting consumers, which is of course important to us.
Spencer pointed out, however, that AARP did not favor any of the seven candidates Crist chose from in selecting Brown and Balbis.
Argenziano said she will push for changes to the PSC nominating process once she leaves the panel in January.
Im not going to go away, she said. Im going to change the PSC.
The states largest power company, Florida Power & Light, declined to comment on the choices. As a matter of policy, we don't comment publicly on political appointments, a spokesman said in an e-mail to the News Service.
Brown and Balbis will replace Argenziano and Skop on the PSC in January. The Florida Senate will have to confirm them within two years or they will be removed from the panel.
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Detailed context on issues before the PSC and other Florida energy matters is available on the NSF Energy Backgrounder at http://www.newsserviceflorida.com/backgrounders/energy/energy.htm
