Oklahoma Corporation Commissioner Bob Anthony has joined state Rep. Tom Gann’s fight to be heard in an ONG Fuel Adjustment Clause hearing and he intends to be present when an Administrative Law Judge resumes the hearing on Thursday.
In a filing this week, Anthony not only said he agreed with the judge’s Nov. 21 decision to postpone the hearing on the merits, but he intends to also call out utility company officials who might have direct knowledge of the sexual abuse allegations raised against fellow Corporation Commissioner Todd Hiett. It is Anthony’s belief that Hiett should recuse himself from rate cases involving ONG, OGE and PSO.
Hiett was present at the original ONG hearing held last month but made no comments nor asked questions as the ALJ listened to arguments whether Rep. Gann’s complaint fell under a complaint guideline or public comments.
Most of Commissioner Anthony’s 7-page filing dealt with the questions he intends to ask of utility representatives regarding their knowledge of the allegations of Hiett’s drinking binges, the sexual groping of a man at a bar during a national convention in June, and the exposure he made to two OCC female employees at a law firm’s grand opening in 2023.
“Would you like to raise any objection to Commissioner Hiett’s ongoing participation in this case, including his presence here today?”
“Do you have any direct knowledge of those June 9, 2024 events, either personally, or from the alleged victim or from the two eyewitnesses who have come forward?”
“One of the eyewitnesses reported stepping away to make a phone call. Do you know or have you been told whom he called?”
“Do you believe you are a “reasonable person”? If so, given the uncontested, public allegations about criminal conduct committed by Commissioner Hiett, do you believe that Hiett’s “impartiality may reasonably be questioned” in an OCC case involving the employer of his alleged sexual assault victim?”
“Do you believe that either Ethics Rule 4.7 or Code of Judicial Conduct Rule 2.11 or both require a Corporation Commissioner to disqualify him/herself from cases involving the victims of his alleged crimes?”
Anthony’s remaining questions focused on another alleged incident in which Commissioner Hiett reportedly exposed himself to two female commission employees attending a law firm’s grand opening at the Broadway 10 bar in Oklahoma City. One published report contended the incident happened in the presence of a “man who works for a utility company.”
“Do you have any direct knowedge of those June 21, 2023 events, either personally, or from the alleged victims/witnesses?”
“Do you know or have you been told who is the “man who works for a utility company” who himself witnessed at least some of Hiett’s alleged criminal conduct on June 21, 2023?”
“Do you know if the OCC employee victims/witnesses reported any part of the incident to law enforcement or anyone at the Corporation Commission?”
“Specifically, when was Thompson Tillotson PLLC engaged to represent the utility companies it currently represents in matters before the OCC? (ONG, OG&E, PSO, AOG, Liberty-Empire District)”
“Do you believe you are a “reasonable person”? If so, given the uncontested public allegations about criminal conduct committed by Commissioner Hiett, do you believe that Hiett’s “impartiality may reasonably be questioned” in an OCC case involving witness(es) to that alleged criminal conduct?”
Commissioner Anthony contends that under the Oklahoma Rules of Professional Conduct for attorneys, a lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judgde’s fitness for office shall inform the appropriate authority. The judge in this case would be Commissioner Hiett.
Commissioner Anthony also raised claims that Commissioners Hiett and Kim David used and broke the commission rules to fit their needs in other cases. For example, they would not allow Oklahoma Accountancy Board President David Greenwell the right to offer public comment about the OCC’s failure to comply with state law regarding the so-called “audits” of the 2021 Winter Storm bonds at a July 23 2024 regular meeting.
Hiett chaired the Commission at the time and said the presentation would have violated commission rules because they came after a case had been closed for the record. Yet Anthony, in his filing this week, recalled how Hiett and David reopened an OG&E rate case on Nov. 26 before voting to approving an interim order granting OG&E it’s $127 million rate increase.
“They did this even though, on July 23, Hiett said he believed to do so–even for the sake of allowing properly posted public comment–would–“violate the commission’s rules.” How do you spell hyprocrisy?” wrote Anthony.
The ALJ’s hearing regarding ONG will resume Thursday morning at 8:30.
