Legislator files complaints over Corporation Commissioner Hiett’s votes in 3 utility cases

 

 

Inola State Rep. Tom Gann showed he isn’t finished in his efforts to have Oklahoma Corporation Commissioner Todd Hiett removed from office over the allegations against him of drunkenness and the groping of a man in public.

More than a week after Republican legislators Rep. Gann and Rep. Kevin West of Moore announced they considered a possible writ of prohibition due to concerns about potential impartiality on the part of Republican Commissioner Hiett, Rep. Gann filed complaints with the Corporation Commission on the fuel adjustment clauses of three major utilities voted on by Commissioner Hiett.

Gann’s complaints were filed in the cases involving Oklahoma Gas and Electric (PUD2024-000038); Oklahoma Natural Gas (PUD2024-000047; and Public Service Company of Oklahoma (PUD2024-000040). In each, he objected to the Commission’s action regarding the fuel adjustment clause because of a change in the circumstances since the fuel adjustment clause was approved.

“That “change of circumstances” is the revelation of alleged criminal conduct by Corporation Commissioner Todd Hiett of which (OG&E)(ONG)(PSO) employees/agents/representatives are alleged to have direct knowledge. These new circumstances make the OCC’s monitoring and oversight of the application of (OGE’s)(ONG’s)(PSO’s) FAC a matter in which “a reasonable person with knowledge of the relevant facts (would) question (Hiett’s) impartiality and in which Hiett’s “impartiality might reasonable be questioned.”

In each of Gann’s complaints involving OGE, ONG and PSO, he referred to the June 9, 2024 alleged sexual assault and June 21 sexual harassment and drunk driving incidents which were allegedly witnessed by utility company employees. The Republican legislator pointed out that Commissioner Hiett voted July 31 of this year to approve orders in support of the three utilities in question. The votes involved an order for OG&E in the fuel adjustment and prudence review case; three procedural orders for ONG in the fuel adjustment and prudence review case; and three orders for PSO in the fuel adjustment and prudence review case.

Corporation Commissioner Todd Hiett again asked to resign

Gann contended that the votes by Hiett were “unlawful, unethical and unacceptable.” He further charged that Hiett’s past and continued participation “in these matters violates  both State Ethics Rule 4.7 and Rule 2.11 of the Code of Judicial Conduct.”

Rep. Gann, in his letters of complaint in the three cases, said the Fuel Adjustment Clause matters in each utility should be suspended “so long as Commissioner Hiett refuses to disqualify himself and his continued participation taints the proceedings.” He also asked for a hearing on his complaint in each utility case.

Trey Davis, Chief Public Information Officer for the Corporation Commission did not anticipate a separate hearing in each complaint and explained the Office of Attorney General represents ratepayers before the Commission.

“The Representative may certainly participate in each scheduled public comment hearing on the fuel adjustment clause cases and provide public comment. I do not believe he has standing to demand an immediate, separate hearing in the cases. It is my understanding that notice was correct in all three cases,” explained Davis in responding to questions from OK Energy Today.

He also added that the Commission’s General Counsel was reviewing Gann’s complaints.

In their initial criticism of Commissioner Hiett, Reps. Gann and West indicated they might ask higher courts to intervene because Hiett had not disqualified himself from OCC cases involving ONG.

“Corporation Commissioner Todd Hiett’s admission of public drunkenness, alleged sexual assault, alleged harassment and his alleged drunk driving should be enough for any decent individual to disqualify himself from cases at the OCC involving the victims or witnesses to his alleged crimes,” stated the lawmakers. “Multiple news articles report that these complaints include employees and representatives, including attorneys, of public utility companies the OCC regulates.”

Commissioner Hiett was chairman of the three-member regulatory body when he attended a national convention held in June in Minneapolis, Minnesota. It was there at a hotel bar where he allegedly was drunk and attempted to grope a man. It is believed either a witness or the actual victim might represent one of the utilities in question.

Hiett later stated he did not recall the incident but admitted he had a drinking problem and was undergoing treatment for his “affliction.” He also relinquished his duties as Chairman of the Commission and surrendered the responsibility to Commissioner Kim David. However, Hiett refused to resign from the Commission, saying at one time that such a resignation would harm utilities with major cases before the agency.