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3 spots on PSC board, 18 nominees?

Under rules still to be signed by Gov. Jeb Bush, six names must be submitted for each empty seat on the board.

By LOUIS HAU
Published May 24, 2005

Three upcoming vacancies on the Florida Public Service Commission could end up straining the new system lawmakers created for appointing state utility regulators.

Under the rules, which would have to be signed by Gov. Jeb Bush, the PSC nominating council would have to come up with 18 candidates for the three openings by Aug. 1.

When a vacancy arises on the Florida Public Service Commission, the state legislators and citizens who comprise the PSC nominating council must submit three nominees for the governor to consider. Usually, the council sends the governor about a half dozen, but under the new rules six would be required.

Nominating council chairman Greg Krasovsky, a senior policy adviser to state Senate president Tom Lee, acknowledged that coming up with enough qualified PSC nominees to field two baseball teams is "going to be cumbersome at best, but we'll just have to work through it."

With three of the PSC's five seats up for grabs, the process to fill those seats could have a significant effect on the commission's direction, consumer lawyer Mike Twomey said.

"It's an opportunity for potential change and consumers ought to be aware of what's happening," Twomey said.

The task of filling the PSC vacancies also comes during a particularly hectic time for the commission, which is reviewing applications for base-rate hikes and hurricane-cost recovery from the state's largest electric utilities, Florida Power & Light of Juno Beach and Progress Energy Florida of St. Petersburg.

The need for so many PSC candidates is the result of a confluence of unrelated events.

First, the four-year terms of PSC chairman Braulio Baez and commissioner Rudy Bradley are to expire in January.

Even if Baez and Bradley decide to seek reappointment, they must reapply. Both have been the target of ethics complaints.

A third Bush appointee, commissioner Charles Davidson, said recently he will resign June 1, about a year and a half before the end of his term. Davidson said he may seek an academic appointment or return to practicing law.

Finally, the state Legislature this month approved changes to the PSC appointment process, creating a joint legislative Committee on PSC Oversight.

If the rules become law, the nominating council will be required to submit six nominees per vacancy to the oversight committee. The committee would then select three names to forward to the governor. The current rule require three nominees for each opening.

Bush hasn't decided whether to sign the legislation, spokesman Jacob DiPietre said.

The nominating council, which is working under the assumption that the rules will go into effect, has begun advertising all three PSC vacancies simultaneously. The deadline for applications is June 17. By Aug. 1, the council will recommend 18 candidates to the oversight committee for further consideration.

The committee is expected to narrow the field down to nine nominees by Sept. 15. The governor is expected to appoint Davidson's replacement by Oct. 14. If the new rules apply, he will name his choices for Baez and Bradley's seats by Oct. 15, although the new appointees won't join the PSC until Jan. 3.

Those interested in applying for the PSC vacancies can to download applications from the nominating council's Web site at www.flsenate.gov/pscnc

--Louis Hau can be reached at 813 226-3404 or hau@sptimes.com

[Last modified May 24, 2005, 03:00:27]