In the next twelve months, dramatic decisions will need to be made in Vermont concerning both Vermont Yankee and the state’s largest telecommunications firm, Fairpoint. In my opinion, the taxpayer needs to be assured that our top regulatory officials are totally free from any appearance of a conflict as these two fundamental Vermont issues are tackled. That’s why I’ve introduced legislation that would prohibit the Commissioner of Public Service from working for any utility regulated by his department for a period of time after he leaves the position as top regulatory enforcer.
The Senate Government Operations Committee likes the bill, and will consider extending the provisions to other top positions, and also to Legislators. They will also consider the length of time a prohibition should be in place, and what exactly should be prohibited – employment, lobbying, contact with officials in the respective department.
Currently Vermont is one of only 21 states with no revolving door policy in place for top officials, and it’s time we change that. The story below from the Times Argus discusses the bill. The headline and focus on Commissioner David O’Brien are unfortunate, as the bill is not about him but rather the broader need to close the revolving door…
Top utility regulator O’Brien feels some heat
By Louis Porter VERMONT PRESS BUREAU – Published: January 13, 2010
MONTPELIER — A Senate committee will begin today to consider a bill that would prevent the state’s commissioner of public service from working for any state-regulated utilities for five years after he leaves office.
If that seems awfully specific, Public Service Commissioner David O’Brien would agree.
“It’s sad,” O’Brien said. “It is targeting one particular appointee in state government.”
Since the bill, which will begin its journey with a discussion in the Senate Government Operations Committee today, specifies his position alone, “I can only conclude that Sen. Ashe has something against me,” O’Brien said.
Not so, said Tim Ashe, a Democrat from Chittenden County. His bill is designed to make sure that there is no potential conflict of interest for the person — whoever it is — occupying the top utility regulation spot in the executive branch. That is particularly important when two major utility issues — FairPoint Communication’s operation of the state’s telecom infrastructure and a potential continued operating licensee of the Vermont Yankee nuclear plant — are being worked on by regulators, he said.
“Given its extreme importance there can be no question that our lead enforcement agent be unencumbered by any future conflict,” Ashe said. “It is really a non-political proposal that has extra merit given our effort to deliver broadband and cell phone coverage by the end of the year.”
But O’Brien said the bill proposed by Ashe “seems very petty.” He said he has ruffled feathers at nearly every utility in Vermont, and far from trying to prepare a job for himself when he leaves office, has put his regulatory duties first, he said.
“I am not expecting my phone to ring off the hook from the utilities the day I resign,” O’Brien said. Many other former Vermont regulators work in the field now, including some at times employed by the Legislature, he added.
“I will stand on my record,” O’Brien said. “At the end of the day I am very happy with what I have done.”
And if legislators have a problem with the way he has done his job they should bring those issues to him, O’Brien said.
It is not the first time legislators and O’Brien have not seen eye-to-eye. Despite having served in his current role for seven years, O’Brien has not been confirmed to the position by the Senate, although they have not forced him out of the spot, either.
“It is not a comment on the work the commissioner has been doing, it is a question of integrity for the future,” Ashe said of his bill.
Ashe pointed out that the administration of President Barack Obama has instituted more stringent rules placing limits for years on what kind of work former officials can do after they leave government. If his fellow lawmakers believe restricting the issue to the office of commissioner of public service is too narrow he is not against expanding the scope of the bill, Ashe added.
One former top administration official, Mike Smith, recently went to work for FairPoint in a job that will involve interaction with his former colleagues. While he doesn’t see a conflict there, that event may result in more support for the bill, Ashe said.