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Critics call PSC code too broad

The Public Service Commission's new code of ethics is heavy on generalities and light on specifics, some say.

By LOUIS HAU
Published November 30, 2005

Most people in any line of work strive to "respect and comply with the law," perform their jobs "competently and diligently" and act "in a professional manner at all times."

So the Florida Public Service Commission's decision Tuesday to use these general tenets of civil behavior as the basis of its new code of ethics has left some observers wondering, what's the point of the rules?

"I can summarize it as, "You should not do bad things and you should do good things,"' said state public counsel Harold McLean, who represents utility customers before the PSC. "I think public confidence would be greatly enhanced if they were a good deal more specific than that."

The PSC's 5-0 vote Tuesday to approve a five-point ethics code drafted by the commission's staff came in response to an earlier challenge from Gov. Jeb Bush.

In June, Bush signed legislation that freed PSC commissioners to attend conferences and related meals mostly paid for by regulated utility companies. But Bush also sent a letter to Secretary of State Glenda Hood in which he urged the agency to formulate a new code of ethics because of his concern that the ethical standards contained in the legislation do "not set the bar high enough."

In recent years, consumer advocates have accused PSC commissioners of various alleged transgressions, including having unauthorized contact with utility officials who had cases before the commission; hosting and attending a regulators meeting mostly paid for by utilities; and attending private dinners with utility officials. One commissioner was chided for reading remarks penned by a phone company during a PSC hearing without disclosing the source of the remarks.

Common Cause Florida and other consumer advocates wanted the PSC to impose greater limits on communication between PSC commissioners and utilities, as well as more explicit rules barring commissioners from partaking of meals or entertainment activities subsidized by utility companies.

Common Cause Florida executive director Ben Wilcox said Tuesday he was disappointed that the commission approved an ethics code that contained none of those provisions.

"While the goals are worthy goals, it's kind of broad and ambiguous," he said.

In particular, Wilcox said he was troubled by a provision that appears to loosen an existing prohibition on improper communication between PSC commissioners and utilities by specifying that commissioners "must not knowingly engage" in such conversations.

Tallahassee consumer attorney Mike Twomey argued that the PSC ethics code "is too generalized to meet the concerns brought up by the governor."

Bush press secretary Russell Schweiss said he hadn't yet reviewed the new PSC ethics code but added that "the governor is definitely encouraged that they've taken steps to address these issues and restore the public's trust."

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

[Last modified November 30, 2005, 02:15:38]