Wednesday, December 2, 2020

Senate Takes No Action To Fill Vacancy On Public Utility Commission


On August 10, Gov. Wolf nominated Haley Book to fill the vacant position on the Public Utility Commission created by the resignation of Commissioner Andrew Place
on April 16Read more here.

The nomination was on the sixteenth day of the 25 day legislative review when the Senate adjourned for the session and year on November 20.

Book serves as the senior advisor to the Secretary of DEP for energy and climate and joined DEP last December to shepherd the proposed regulations establishing a Carbon Pollution Reduction Program covering power plants consistent with the Regional Greenhouse Gas Initiative through the adoption process.  Read more here.

Prior to this position, Book was an energy policy advisor to former Commissioner Andrew Place.

Senate and House Republicans have fought against the Carbon Pollution Reduction Program since Gov. Wolf first issued an executive order directing DEP to develop the regulations in October 2019.  Read more here.

In September, Wolf also vetoed Republican legislation designed to kill the proposal.  Read more here.

So, it comes as no surprise Senate Republicans did not act on the Book nomination, however, that has left a vacancy on the PUC since last April that will stretch into the new year and a new session.

The PUC has been functioning well with its current four members-- two Republicans and two Democrats.  But the lack of a fifth member to break tie votes was highlighted early in July when Republicans on the Commission wanted to end the ban on utility shut offs the Commission adopted in March to address issues raised by the COVID pandemic.  Read more here.

The July vote was the first of several tie votes until the Commission adopted a compromise proposal October 8 that ended the shut off moratorium for most utility customers November 9, except for “protected customers,” and put in place certain other consumer protection measures for others. Read more here.

The compromise, however, ends on March 31, 2021 when the Commission may not have a fifth member confirmed by the Senate.

In addition to issues related to the COVID pandemic, the Commission has acted as a resource for the Senate and House on the potential impacts of the proposed Carbon Pollution Reduction Program for power plants.  Read more here.

In Pennsylvania’s competitive electricity market, the PUC no longer regulates power plants.

The PUC Chair sits on the Board as a voting member, so when the final Carbon Pollution Reduction Program regulation comes up for a final vote before the Environmental Quality Board in the second quarter of 2021 Chairman Gladys Brown Dutrieuille will be expected to vote on the measure.

She voted with the Wolf Administration when the EQB approved the regulation for public comment on September 15, but that is different from a final regulation which could go into effect.  Read more here.

It is not known whether Gov. Wolf will renominate Haley Book or someone else to fill the vacancy.

Wolf also may have the opportunity to fill another seat on the Commission when the term of Commission Vice-Chair David Sweet expires in April.

(Photos: Haley Book, Commissioner David Sweet.)

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