Two attorneys who represented the state in the Supreme Court lawsuit filed by a legislator challenging the utility rate votes of Corporation Commissioner Todd Hiett are no longer on the case.
One has left the Attorney General’s office and the other is no longer representing the Corporation Commission but joined the AG’s office. But the shakeup in staff reportedly won’t slow the cases before the Supreme Court.
Chase Snodgrass, who joined the Attorney General’s office in February of 2023 and became a Deputy AG, was in charge of the Utility Regulation Unit which represents utility customers in energy, telecommunications and water utility rate-related matters before the Corporation Commission. He offered a letter of resignation on May 29.
Snodgrass worked for the Attorney General’s office at diferent times. From 2017 to 2021, he was an assistant attorney in the Utility Rgulation Unit then became a Deputy Chief Assistant Attorney General in 2021. He left the AG’s office in 2021 and for two years was an attorney with Glenn Coffee & Associates. He was also involved in the controversial bond securitization effort that passed 2021 winter storm costs along to ratepayers.
Phil Bacharach with the Attorney General’s office explained that Snodgrass’s last day in office will be July 3. His successor as director of the Utility Regulation Unit is Deputy Attorney General Thomas Grossnicklaus.
A filing was made last week in which Snodgrass withdrew from the Supreme Court case in which Rep. Tom Gann and two other legislators challenged rate cases of Oklahoma Gas and Electric and Public Service Company of Oklahoma which involved votes by Corporation Commissioner Hiett.
The supreme court filing, by Garry M. Gaskins, II, Solicitor General of Oklahoma sought the approval of the withdrawal of Snodgrass because he “accepted alternate employment and is no longer associated with the Oklahoma Office of the Attorney General.” Gaskins stated he and Deputy Attorney General Ellen Carr would represent the state in the legal fight.
The filing did not indicate the new employment for Snodgrass.
The other attorney Justin Cullen, also withdrew from the case and has joined the attorney general’s office. A spokeswoman for the Attorney General explained, “To clarify, when he was representing OCC, he was doing so as deputy general counsel for the OCC, not the AG’s office. He left the OCC and came to the AG’s office, but withdrew because he’s not authorized to represent a former employer/client.”
No explanation was given why he left the position but the Supreme Court filing of the request stated, “The withdrawal requested herein will not cause any delay in the proceedings.” However, Cullen still represents the state in other cases and in a June 25 filing in a Public Service Company of Oklahoma matter of a review of its 2024 fuel costs, he signed as an Assistant Attorney General.
“The undersigned counsel Justin Cullen hereby appears on behalf of Gentner F. Drummond, the Attorney General of Oklahoma, in addition to counsel already appearing in this case.”
He signed it as Assistant Attorney General, UTILITY REGULATION UNIT.
The Supreme Court cases filed by three legislators contend Commissioner Hiett should not have voted in the OGE and PSO rate cases because of alleged wrongdoing.
“Whether Commissioner Hiett erred by unlawfully participating in a matter from which he should rightly have disqualified himself according to both Code of Judicial Conduct Rule 2.11 and State Ethics Rule 4.7 after he allegedly committed criminal acts at/after an event hosted by OG&E’s attorneys of record in this matter about which those same attorneys refused to answer when asked on the record if they had direct knowledge; and consequently, whether the Oklahoma Corporation Commission violated the constitutionally protected due process rights of OG&E’s captive customers by issuing orders as to which Commissioner Hiett should not have participated, including Hiett’s vote on the appealed final order.”
The legislators also contend the Commission was wrong for admitting and relying upon what they called “inadmissible OCC Public Utility Division testimony.” The three Representatives also claim the commission did not comply with the Oklahoma Accountancy Act in its use of the word “audit” in sworn testimony.
Rep. Tom Gann, one of the legislators who filed the challenges, was unaware of the staff changes until informed by OK Energy Today. He offered no comment.