The three legislators seeking help from the courts in prohibiting Oklahoma Corporation Commissioner Todd Hiett from voting on rate cases for PSO, OGE, ONG aren’t giving up.
Reps. Tom Gann, R-Inola; Kevin West, R-Moore; and Rick West, R-Heavener, filed an appeal Dec. 19 with the State Supreme Court over the commission’s $127 million rate hike awarded Oklahoma Gas and Electric.
(see file: 1060369515-20241220-075056-.pdf)
They still contend alleged criminal activity by Commissioner Hiett involving public drunkenness and sexual abuse is cause enough for the high court to ban Hiett from voting on cases.
“Appellants have identified at least fifteen other utility cases involving attorneys with direct knowledge of alleged criminal conduct by Commissioner Todd Hiett—cases in which Hiett is actively participating despite the fact that they are obviously matters in which Hiett’s impartiality might reasonably be questioned and thereby from which he is required to disqualify himself according to the substantially similar language of both State Ethics Rule 4.7 and Code of Judicial Conduct Rule 2.ll”
They considered the ruling against them earlier this month by the Supreme Court and decided to file an appeal on the OGE rate case which was approved on a 2-1 vote with Commissioners Hiett and Kim David in support and Commissioner Bob Anthony in opposition.
“Hiett cast the deciding vote in that case, even though we believe state ethics rules say he should not have participated. OG&E employs attorneys who hosted a party on June 21, 2023, where Hiett is alleged to have committed multiple criminal acts, including drunk driving, sexual harassment and indecent exposure,” stated the three legislators in their appeal.
The three legislators have stated publicly that they filed a complaint a few months earlier with the Oklahoma Ethics Commission.
The Ethics Commission is also where one Supreme Court Justice stated in the Dec. 9 opinion, that the case belongs. As OK Energy Today reported, Justice J. Keuhn wrote, “The Ethics Commission, not this Court, is the more appropriate forum for this disqualification request. 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 official from a particular case, the Ethics Rules explicitly provide for it.”
Since such complaints and investigations are not publicly revealed by the commission, it is unknown whether there is indeed an active investigation.
The Republican legislators in their latest appeal also challenged the commission’s practice of one-page audits regarding the winter securitization bonds used by the state’s major utilities—bonds that won’t be paid off for another 25 to 28 years.
“In this appeal, we also are challenging the OCC’s one-page audits of the utilities’ 2021 Winter Storm bonds. Although all three of us voted against the securitization legislation in April 2021, we do not believe the law allows the Corporation Commission to invent its own definition of the word ‘audit,’ or meant for the utilities to audit themselves. The Oklahoma Accountancy Act provides auditing standards for a reason.”
Only one page reflecting nearly $5 billion in bonds used by OG&E, ONG, PSO and Summit Utilities have been used by the Corporation Commission in defending expenses.
“These cases are worth billions to both the monopoly public utility companies and their millions of captive customers in Oklahoma,” declared Reps. Gann, West and West.
Corporation Commissioner Anthony, who supports the actions of the legislators issued a statement following the filing of the appeal.
“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.”
Anthony has voiced opposition to the one-page audits of the billions of dollars in ratepayer-backed bonds since they were used following the 2021 winter storm. He believes they are a violation of state law and last week stated his concerns in a letter to Gov. Kevin Stitt and legislative leaders.
“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.
Fllow the OG&E rate case appeal at the Oklahoma Supreme Court and read the pleadings here: https://www.oscn.net/dockets/GetCaseInformation.aspx?db=appellate&number=122735