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Legislators consider tightening ethics rules
Thursday, November 05, 2009 8:52 PM


(Source: South Florida Sun-Sentinel)trackingBy Julie Patel, Sun Sentinel, Fort Lauderdale, Fla.

Nov. 5--Florida legislators Wednesday held the first in a series of hearings on proposals to tighten ethics rules for the Public Service Commission -- including legislation to restrict communication between agency staffers and the utilities they regulate.

Critics have pointed to what they say are "cozy" ties between the two groups.

Members of the Florida House Energy & Utilities Policy Committee heard presentations from the commission's director, the state utility consumer advocate and others that touched on proposed changes lawmakers are expected to deliberate when they convene next year.

The proposals come in the wake of criticism of PSC ties with Florida Power & Light Co. officials that emerged during the commission's public hearings on FPL's proposed $1.27 billion base rate hike.

National utility experts say Florida's utility regulation laws are comparable to those in other states but there some gaps. For instance, a Florida law bars commissioners -- but not PSC staffers -- from communicating with utility employees on pending matters, such as a rate hike proposal.

"That's an absolute must," said Public Counsel J.R. Kelly, the state-appointed advocate for utility customers, about a proposal to extend the rule to include commissioners' advisors, as other states do.

Among the legislative proposals lawmakers are expected to deliberate.

Electing, not appointing, commissioners. Sen. Mike Fasano, R-New Port Richey, and Rep. Tom Anderson, R-Dunedin, have written bills that would require PSC members, now appointed by the governor and confirmed by the Senate, to be elected. Candidates would be prohibited from accepting contributions from utility employees.

Expanding restrictions on PSC, utility communications. Sen. Dan Gelber, D-Miami Beach, has filed a bill to make the rules more like those for judges so all communications between commissioners and utility employees are made public. Fasano is drafting legislation that would adopt all the recommendations from a 1992 grand jury report that examined how to improve the integrity of utility regulation, including adding provisions to Florida's so-called "ex parte" law that bars commissioners from communicating with utility employees on substantive pending matters.

The Sun Sentinel reported that a key PSC official and two staffers who have since resigned attended social functions with FPL employees around the time the utility asked for a base rate hike. Others exchanged phone calls and text messages with utility representatives.

Restricting utility hires of government officials.




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