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Fasano wants Senate inquiry to put PSC under oath

Warning that "disaster is in the making," Sen. Mike Fasano is asking Senate President Jeff Atwater to allow the Senate's Ethics and Elections Committee to conduct hearings next month to put the Florida Public Service Commission staff and its commissioners under oath to answer questions.

Fasano warns that because issues surrounding the PSC about its closeness with the utiities it regulates that the "appearance of impropriety has become impropriety itself."

Below is his letter:

September 8, 2009

The Honorable Jeff Atwater

409 The Capitol

404 South Monroe Street

Tallahassee, FL  32399

Dear President Atwater:

You have no doubt read the many articles from newspapers all around the state regarding the questionable actions taking place at the Florida Public Service Commission.  The one entity that the utility customer has in place to watch out for their interests has been plagued by allegations of wrongdoing and ex-parte communications between staff, commissioners and utility executives.  It is unfortunate that the agency tasked to make certain that a proper balance between the needs of the business community and the utility customer is maintained is so obviously skewed towards the utilities.

Right now Florida Power & Light and Progress Energy Florida have pending rate increase applications that are the largest in recent memory.  Such applications should be considered fully in the open and should not be tainted with the questionable activity that has recently come to light.  From the Commission’s chief lobbyist attending a party with executives from Florida Power & Light, to the sharing of Blackberry PINs between commissioners, staff and utility executives, the appearance of impropriety has become impropriety itself.

If you throw into the mix the fact that two of the five sitting commissioners are up for possible reappointment in the midst of the rate case it becomes  evident that disaster is in the making.

I have publically asked the governor to not reappoint the two sitting commissioners until the rate cases have been disposed of.  It is his decision, based upon the timeframe within which he is required to act by statute, to make the determination that he believes is appropriate.  However, I believe that the Florida Senate must do all within its power to protect the constituents who rely on us as a body to stand up and speak for them.

I respectfully request that you consider allowing the Senate Ethics & Elections Committee to meet for the purpose of questioning, under oath, Public Service Commission staff and commission members.  These individuals who are tasked with making literally billion dollar decisions need to be held accountable for their actions.  It is my belief that we move away from news articles in which innuendo and rumor are rampant to a fact-finding effort to determine what these people are doing, with whom they are communicating and how those communications are impacting the pending rate cases.

As the legislative body that ultimately confirms or rejects appointments to the Florida Public Service Commission, the Florida Senate must act quickly before decisions are made that may be adverse to the general public.  Millions of people will be impacted by the two major rate cases pending (as well as a host of smaller cases that fill the PSC’s docket at any given time).  It is our responsibility to ensure that the individuals, and the staff they employ, are making those decisions and are doing so within the confines of the law and to the standards demanded of all officials at the level of  a state agency.

Yours truly,



Mike Fasano

State Senator, District 11