Legislators are turning up the heat on the California Public Utilities
Commission, withholding money and lambasting the state agency over the past few
months for failing to prioritize its core mission of ensuring safe and reliable
utility service.
Calls for Gov. Jerry Brown to replace the commission's top leader, Michael
Peevey, have gone unanswered, even as new allegations of mismanagement surface.
Peevey's appointment is through Jan. 1, 2015.
Among the issues highlighted during multiple hearings on the commission in the
Senate and Assembly were findings from a state audit that exposed lax financial
controls, a scandal involving a covert recording of a private meeting and an
unanswered demand that Peevey testify in a legislative hearing.
"The only way this commission is going to change the culture of complacency is
to change the leadership," said Sen. Jerry Hill, D-San Mateo, who has led the
charge to oust Peevey since the 2010 San Bruno gas pipeline explosion killed
eight people and injured 60 in his district.
The commission, which did not respond to a call for comment, was criticized
following the San Bruno blast for failing to uncover "the pervasive and
long-standing problems" within PG&E, owner of the line that caused the
explosion, according to a 2011 National Transportation Safety Board report.
In the aftermath of San Bruno, criticisms of the commission, which regulates
privately owned public utilities, are appearing from multiple directions:
-- The Department of Finance's Office of State Audits and Evaluations found
"significant weaknesses with the CPUC's budget operations that negatively affect
the commission's ability to prepare and present reliable and accurate budget
information." As an example, the auditors said commission records did not
include certain fund transactions that ranged from roughly $40,000 to $275
million.
-- The commission has created auxiliary organizations in recent years, which
some say circumvents legislative authority. A Senate budget committee staff
report found the nonprofit and for-profit entities took up considerable time and
effort, while using ratepayer funds that are outside the state budget process.
The Senate committee is requesting that the Fair Political Practices Commission
look into the nonprofits for possible conflicts of interest or bequesting
violations. The same committee approved bill language to prohibit the commission
from creating such entities without legislative approval.
Among the nonprofits created by the commission is the California Emerging
Technology Fund, which Peevey chairs.
-- An Assembly budget subcommittee report said commission Energy Division
Director Edward Randolph surreptitiously recorded a closed-door meeting where
budget obligations were being discussed. California law forbids recording
conversations without consent from the participants.
-- An Assembly subcommittee blasted the commission after a commission-requested
report questioned the agency's commitment to safety and highlighted a perception
among employees that the commission is too cozy with the utility companies it
regulates.
Commission Executive Director Paul Clanon said he disagreed with those
perceptions. Clanon has held the hot seat during legislative hearings,
responding that the commission has worked hard to improve public safety since
the San Bruno explosion, which he called a "game-changing event."
"The projects and the programs the commission has implemented around safety
since San Bruno have already made us safer and will continue to make us safer,"
Clanon said during one hearing.
He said the commission is working to fix internal failings, such as in its
budget process. The commission has a $1.4 billion budget and oversees a $50
billion-a-year industry.
"What it boils down to is the commission has had not enough people working on
the budget; the people that we have had have been inadequately trained; the
processes that they have been performing have been inadequately documented; and
there has been inadequate oversight in management, including by me," Clanon
said.
Legislators approved three additional commission budget positions, but voted to
deny several other positions included in Brown's budget proposal.
The Legislature's focus on the commission -- and Peevey in particular -- has
become somewhat awkward because he is married to Democratic state Sen. Carol Liu
of La Canada-Flintridge.
"He does his job, she does hers," said Liu's spokesman Robert Oakes. "They
happen to have been married for a long time."
Hill has also questioned Peevey's priorities after the commission's president
didn't respond to a letter urging him to attend the April 25 hearing. An NBC Bay
Area reporter confronted Peevey on the day of the hearing at an energy
conference in Napa. The conference was put on by the California Foundation on
the Environment and Economy, a nonprofit group bankrolled by dozens of donors,
including labor, energy, environmental and telecommunications interests.
In March, Peevey and six lawmakers went to Poland on an eight-day trip paid for
by the same nonprofit.
Several lawmakers have advocated for increased controls and oversight of the
utilities commission.
"I think confidence in PUC leadership is at an all-time low," said Assemblyman
Bob Blumenfield, D-Woodland Hills and chairman of the budget committee. "There
appears to be negligence dealing with their core safety mission. ... I intend to
do whatever I can to make sure that mission is carried out correctly."
___
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News Column
Calif. PUC Faces Legislative Heat
May 6, 2013
Melody Gutierrez, Bee Capitol Bureau
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Source: Copyright Sacramento Bee (CA) 2013
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