The below the surface tension between Oklahoma Corporation Commissioners Todd Hiett and Bob Anthony erupted again Tuesday into a display of animosity and political charges. And it stemmed from the 2021 Winter Storm bonds and how ratepayers will be paying for decades to come.
Hiett accused Anthony of trying to trick the public into believing he was helping them. Anthony responded by charging that openness and honesty were being ignored at the Commission.
It started when Commissioner Anthony sought to have a 10-minute presentation about Corporation Commission audits by CPA and Fraud expert David Greenwell. Hiett interjected his own item on the commission agenda and Tuesday, suggested the presentation would be “inappropriate” because it pertained to two issues before the regulators—one of which was still being considered. The one still under consideration was a case for Oklahoma Gas and Electric.
Public Utility Division official Mike Valez agreed with Hiett, stating “it gives me the appearance to argue the merits in a pending case where the record is closed.”
An OG&E official added his support, pointing out, “the main concern is the record is closed and the Administrative Law Judge is considering the case—we should not let these comments taint the process.”
Assistant Attorney General Chase Snodgrass warned commissioners that “anything you hear today is only public comment.”
Commissioner Anthony called it “truly astonishing” that openness, transparency, honesty and lawful conduct were being ignored.
“My gosh, this is a terrible transgression of the public comment process.”
He suggested if Greenwell’s presentation would taint consideration of the OG&E request, then let Greenwell make the presentation to the audience while commissioners stepped outside for a 10-minute recess.
Anthony had previously filed the comments of CPA Greenwell in which Greenwell stated he believed what the Corporation Commission passed off as audits of the 2021 winter storm bond costs were not lawful audits. It was Anthony’s intent to have Greenwell also make an in-person presentation about the financial costs and what commissioners and staff had passed off as “audits.”
Finally, Commission Chairman Todd Hiett, who last week publicly admitted he was being treated for an alcohol affliction which led to an embarrassing incident at a recent national convention, erupted into accusations against Anthony.
“You’re trying to be biased, which is not the first time. You’re choosing to be defiant,” he said, accusing Commissioner Anthony of being deceptive by waiting to raise the audit questions after the record is closed.
“I’ll talk to the camera right now and make sure the public understands, that for many years, Commissioner Anthony has used a pattern of deception for many years, coming in after a case is closed when he had opportunity to participate in the rate case. He waits until the record is closed at which time he can no longer legally have an impact on the case….and he cries foul.”
Hiett asked why does Anthony do that?
“He does that to trick the public into believing he’s on their side. And all the time, he never sat one day in the OGE rate case before the ALJ.”
Hiett, who some years ago publicly called Anthony a “sick man,” wasn’t finished bashing Commissioner Anthony.
“Public, let me help you understand—he has not lifted a finger in many years to help you—as a matter of fact, his actions are against you.”
Anthony sat through Hiett’s tirade, didn’t interrupt and within a few minutes, responded by explaining how the Commission had conducted fake audits of the billions in 2021 Winter Storm fuel and bond costs. It’s why he wanted Greenwell to make his presentation. Anthony charged that some of the testimony before the commission affirmed the fake audits as real and lawful when they were not.
“Let me be clear: there is no excuse for this. This commission is supposed to be a constitutional agency of “expertise” with the “powers and authority of a court of record.” But since the 2021 Winter Storm, this agency has given wildly inaccurate estimates to lawmakers, the Supreme Court and the public, it has allowed false testimony under oath, it has issued “Findings of Fact” that directly contradict the record, it has willfully neglected to provide audits of Winter Storm fuel and bond costs in accordance with the law, it has failed to do its constitutional duty to “correct abuses,” and it has publicly maligned private citizens who dared to exercise their legal right to protest.”
The commissioner continued in his belief that the commission’s Public Utility regulation is beyond broken and dysfunctional—the OCC, he said, has lost its credibility. He further charged the agency chose not to follow the law in approving the 2021 Winter Storm bonds.
“The public has a right to know when state regulators fail to follow the law on multi-billion-dollar utility matters that will impact customers for decades. The public also has a right to be angry about it. Frankly, at a cost of $5 billion, Oklahoma ratepayers should be furious. The Oklahoma Corporation Commission did not just allow “the largest fleecing of the Oklahoma ratepayer in the history of the state,” it abetted it.”