This week’s Supreme Court decision regarding the efforts of three GOP legislators to stop Corporation Commissioner Todd Hiett might not have been what they wanted.
But their hopes of doing something about his votes on utility rate cases could remain alive and rest in the hands of the Oklahoma Ethics Commission. For it is there, that Reps. Tom Gann, Kevin West and Rick West filed a complaint about Hiett following allegations of excessive drinking and sexual abuse against the regulator and former legislative leader.
Plus, there remains a possibility the three legislators could return to the Supreme Court where justices decided they weren’t the ones to consider complaints against Hiett—the Ethics Commission was.
Here’s why Hiett hasn’t seen the last of the fight to remove him from voting rate cases and financial matters of Oklahoma Natural Gas, Oklahoma Gas & Electric and Public Service Company of Oklahoma.
“The Ethics Commission, not this Court, is the more appropriate forum for this disqualification request,” wrote Justice J. Keuhn in his concurring opinion. “The alleged conduct is covered by Ethics Rules.”
Justice Keuhn felt the Supreme Court could not investigate and rather it rests in the hands of the Ethics Commission.
“And while the Constitution and statutes are silent on this Court’s ability to disqualify a sitting elected officical from a particular case, the Ethics Rules explicity provide for it.”
Justice J. Combs offered a deeper explanation saying the disqualification of Hiett from taking part in the cases “should be denied due to standing and ripeness problems.”
He continued that anyone seeking such a disqualification should “show that he personally has suffered some actual or threatened injury as a result of the putatively illegal conduct of the defendant…and that the injury fairly can be traced to the challenged action and is likely to be redressed in a favorable decision.
In other words, Reps. Gann, West and West have not been harmed or suffered direct harm because Commissioner Hiett has yet to vote on a case where they will experience, for example, increased utility bills.
“In order to meet the status required for standing, a party must have a ‘personal stake’ in the litigation because of an actual or threatened distinct injury which has a causal connection between the alleged wrong and the actions challenged” stated Justice Combs.
“Only ater the Corporation Commission issues a final order on the merits canPetititioners know whether they are agrieved. In the three pending cases, the outcomes are still up in the air.”
The Justice pointed out that it’s not even clear whether Hiett will “cast a deciding vote in the pending cases or that the outcome will result in a rate increase adversely affecting the Petitioners.” In other words, they lack standing.
“At some point in the future, their injury may ripen, allowing them to file an appeal challenging the final order on the merits as a violation of their due process rights to a fair and impartial judge. But until then, Petitioners’ claim is not ripe.”
Rep. Gann admitted earlier this week to OK Energy Today, he was disappointed, but he remained hopeful the Ethics Commission is investigating. It was there, Gann said, he and Reps. West and West filed a complaint against Hiett in September.
“So we look forward to swift enforcement of its rules. Even Hiett’s attorney agreed he is ‘bound by’ those rules and they clearly require him to disqualify himself.”
If and when Hiett votes on one of the three cases, Rep. Gann made it clear an appeal will be made with the Supreme Court.
“Lastly, Justice Combs said we do not have standing until Hiett actually votes on final orders in the utility cases at issue. But as soon as he does, Justice Combs says we can claim injury and ‘file an appeal challenging the final order on the merits as a violation of (our) due process rights to a fair and impartial judge’.”
Added Rep. Gann, “Consequently, our pursuit of justice on behalf of Oklahoma utility ratepayers does not end here.”
While Corporation Commissioner Bob Anthony was not directly involved in the Supreme Court case, he supported the three legislators and has spoken out at Corporation Commission meetings calling for Hiett to step aside.
“Oklahoma utility customers owe a debt of gratitude to State Reps. Tom Gann, Kevin West and Rick West for their willingness to stand up for what’s right – and not just with words, but with action.It is not their job to defend the constitutional due process rights of Oklahoma utility ratepayers, but they stepped up when other state agencies and officials failed in their duties.They may not have won yet, but they also have not lost,” said Anthony in a statement to OK Energy Today.
He went on to explain when the petition was filed, only two incidents of alleged criminal conduct by Commissioner Hiett were publicly known, but now there are at least six.
Anthony also pointed out that last week, Todd Hiett and Kim David took part in the hearing on the merits for ONG”s half-bill-dollar fuel case, something that had not occurred before Justice Combs wrote there had been no merits hearings before an ALJ or the Corporation Commission.
“The law will catch up with Todd Hiett. The only question is how much damage he will do to the integrity, credibility and legitimacy of the Corporation Commission in the meantime, and how much it will all ultimately cost Oklahoma taxpayers,” concluded Anthony in his reaction.