A legal opinion issued this week by Oklahoma Attorney General Gentner Drummond slammed the door closed on an investigation by Corporation Commissioner Bob Anthony into the drinking and sexual abuse allegations against fellow commissioner Todd Hiett.
In an opinion sought by Commissioner Chair Kim David on Aug. 27 and handed down on Wednesday, Drummond responded by saying an individual Corporation Commission is not allowed by law to “unilaterally commence a case before the Commission.”
To which Commissioner Anthony responded by calling the opinion “unbelievably obstructive.”
“With billions in utility ratepayer issues now pending, ethical regulation unfortunately must face multiple allegations of drunkenness and sexual misconduct by Commissioner Hiett,” he said in a statement.
“Added to insufficient reporting and potential coverup, a new Attorney General Opinion will limit my ability to help determine the facts and perform my constitutional duties as a single commissioner. Ethics Commission Rule 4.7 calls for state officers like Hiett “to disqualify from matters in which their impartiality may reasonably be questioned.”
In her request of the legal opinion, Commissioner David did not refer directly to Anthony’s move last summer to start his own investigation of the claims against Hiett, claims which prompted Hiett to step down as chairman but still remain on the three-member regulatory body.
David asked three questions whether a Corporation Commissioner, under the state constitution, had authority to unilaterally initiate official proceedings, notices of inquiry or other formal investigations. A second question was whether an individual commissioner could expend state funds for such an investigation. Her third request was whether the commission had authority to unilaterally compel cooperation of OCC employees with such an investigation.
In his response, Drummond stated, “it is clear that a single Commissioner is not permitted to commence a case before the Commission.”
He continued, “It therefore follows that it is inappropriate and unlawful for state funds to be expended, or for individuals to be compelled to participate, by an individual Commissioner in a unilaterally-initiated case.”
Drummond further made it clear, Oklahoma law does not allow an individual Commissioner, in his or her official capacity, to unilaterally commence a case before the Commission. He concluded by stating, “an individual Commissioner’s unilateral expenditure of state funds and any attempt to compel cooperation with his or her unilaterally-initiated case before the Commission are not actions of the majority of the Commission and are, therefore, not allowed under Oklahoma law.”
Would a single Commissioner’s proposed order in a rate case constitute a violation?
Apparently not, according to a spokesman for the Attorney General.
“An individual commissioner is not the Commission and does not have authority to initiate proceedings on his/her own. Only two commissioners acting together may initiate an official proceeding, case, or investigation under the authoritative powers of the Commission.”
The question was raised whether Commissioners violate the law by doing their own investigations of a rate case and extending their own proposed orders? Such as the OGE case this week where David had one proposed order that had been disseminated to utility representatives and Hiett had a separate order?
“Regarding a proposed final order, it is just that – a proposal and not an official action. They are drafts/proposed orders and are not final until two commissioners vote for said order and it becomes a Final Order, which would make it an official action of the Commission with support of a majority,” answered spokesman Phil Bacharach for the Attorney General’s office.
Commissioner Kim David did not respond to a request for a comment.
When allegations arose that Hiett had drunkenly groped a man at a hotel bar during a national convention, it led to a decision by the Commission to hire an outside attorney to conduct an investigation. At last word, it was still underway.