Madmallard
.223 Rem
Gov. Andrew Cuomo has refashioned the Public Service Commission, the state's powerful utility regulator, into an organ of executive power in ways that critics find unprecedented and potentially troubling.
The PSC's board is nominally a bipartisan commission created by the Legislature. But Cuomo has filled it mostly with allies who rarely if ever defy his wishes on energy policy.
“It’s an agency that carries out the governor’s orders regardless of the impact on the ratepayers,” Earthjustice attorney Chris Amato said of the utility regulator. “The public process is a charade, it’s a play act.”
Cuomo and his office have repeatedly taken credit for initiatives, led negotiations and announced deals that are traditionally the purview of the state’s utility regulator.
Critics see Cuomo power play at the PSC
Several former members of the PSC, most of whom asked not to be named, said that former governors generally were hands-off with the commission but that Cuomo’s approach is different.
Peter Bradford served as chair of the Public Service Commission from 1987 until 1995. He said he rarely heard anything from Gov. Mario Cuomo or his office. The elder Cuomo instead intervened through a consumer protection board that no longer exists.
There were never any directives from the governor to the commission on substantive matters, Bradford said. “It just didn’t happen,” he said.
Bradford noted that utility regulatory commissions exercise a delegated legislative power since the Legislature itself used to set utility rates.
“Historically, the commission was supposed to be somewhat independent from the executive branch,” he said.
A gubernatorial spokesman said critics are simply defending business as usual.
“The governor appoints members to this board, just like any past governor — the only difference is this administration understands government is not a glorified high school debate club," said Cuomo spokesman Rich Azzopardi in response to questions about the governor's involvement with the PSC. "The status quo will always have its champions, a mentality that sadly led to decades of inaction in all parts of state government, but we’ve focused on moving New York forward and improving the lives of its residents.”
Cuomo has nominated one of his current top energy lieutenants, John Rhodes, to take over the PSC as chairman and lead the Department of Public Service. Rhodes currently heads up the New York State Energy Research and Development Authority.
If confirmed by the Senate, Rhodes will serve a six year term. But Cuomo can give the title of chair — and head of the DPS — to another commissioner at any time.
He recently nominated a labor ally, Philip Wilcox, to sit on the commission. And in 2015, Cuomo surprised the energy world by nominating former congressman Floyd Flake, a long-time political ally with virtually no experience in utilities, to sit on the commission. Flake withdrew his name, ostensibly to continue serving in his capacity as a clergyman.
Critics see Cuomo power play at the PSC
The PSC's board is nominally a bipartisan commission created by the Legislature. But Cuomo has filled it mostly with allies who rarely if ever defy his wishes on energy policy.
“It’s an agency that carries out the governor’s orders regardless of the impact on the ratepayers,” Earthjustice attorney Chris Amato said of the utility regulator. “The public process is a charade, it’s a play act.”
Cuomo and his office have repeatedly taken credit for initiatives, led negotiations and announced deals that are traditionally the purview of the state’s utility regulator.
Critics see Cuomo power play at the PSC
Several former members of the PSC, most of whom asked not to be named, said that former governors generally were hands-off with the commission but that Cuomo’s approach is different.
Peter Bradford served as chair of the Public Service Commission from 1987 until 1995. He said he rarely heard anything from Gov. Mario Cuomo or his office. The elder Cuomo instead intervened through a consumer protection board that no longer exists.
There were never any directives from the governor to the commission on substantive matters, Bradford said. “It just didn’t happen,” he said.
Bradford noted that utility regulatory commissions exercise a delegated legislative power since the Legislature itself used to set utility rates.
“Historically, the commission was supposed to be somewhat independent from the executive branch,” he said.
A gubernatorial spokesman said critics are simply defending business as usual.
“The governor appoints members to this board, just like any past governor — the only difference is this administration understands government is not a glorified high school debate club," said Cuomo spokesman Rich Azzopardi in response to questions about the governor's involvement with the PSC. "The status quo will always have its champions, a mentality that sadly led to decades of inaction in all parts of state government, but we’ve focused on moving New York forward and improving the lives of its residents.”
Cuomo has nominated one of his current top energy lieutenants, John Rhodes, to take over the PSC as chairman and lead the Department of Public Service. Rhodes currently heads up the New York State Energy Research and Development Authority.
If confirmed by the Senate, Rhodes will serve a six year term. But Cuomo can give the title of chair — and head of the DPS — to another commissioner at any time.
He recently nominated a labor ally, Philip Wilcox, to sit on the commission. And in 2015, Cuomo surprised the energy world by nominating former congressman Floyd Flake, a long-time political ally with virtually no experience in utilities, to sit on the commission. Flake withdrew his name, ostensibly to continue serving in his capacity as a clergyman.
Critics see Cuomo power play at the PSC
