PSC chairman says he knew nothing of aide's calls

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October 1, 2009

DAVID HELLER The Daily Independent Thu Oct 01, 2009, 12:11 AM EDT

TALLAHASSEE, Fla. — Public Service Commission Chairman Matthew Carter said Wednesday that an aide's frequent calls to Florida Power & Light Co. executives had no impact on his votes.

Carter said he knew nothing of the calls by his chief adviser, William Garner, and surmised they were either personal or procedural — about such things as hearing schedules.

Garner called three FPL executives 107 times between February and August, according to an investigation by The Miami Herald and St. Petersburg Times.

It's the latest in a series of alleged ethical lapses by the commissioners or their staff members while they've been considering FPL's request for a $1.3 billion rate increase.

Carter said he didn't think the calls violated a state law that bans commissioners from communicating individually with utilities about pending cases and prohibits aides from relaying such information to them.

"It may look that way, but I don't think it does," Carter said. "My record speaks for itself ... It had no impact in my votes or anything like that."

Gov. Charlie Crist, who has opposed FPL and Progress Energy Florida rate increases, is expected later this week to decide whether to reappoint Carter and Commissioner Katrina McMurrian or replace them. The panel has not yet decided either rate case.

Garner and Roberta Bass, an aide to Commissioner Lisa Edgar, were placed on administrative leave more than three weeks ago pending an investigation of reports Garner had given FPL the private code for instant messaging from his smartphone and Bass had done so for Edgar's smartphone.

The instant messaging codes potentially allowed utility officials to communicate directly with commissioners outside public view.

Commissioner Nancy Argenziano's chief adviser, Larry Harris, resigned at her request after admitting he gave the code for his smartphone to an FPL executive.

The commission's lobbyist, Ryder Rudd, also resigned after acknowledging he attended a Kentucky Derby party at the home of an FPL executive.

An examination of cell phone records by the newspaper also showed Rudd made at least 48 calls to FPL officials while Bass made three. Bill McNulty, aide to Commissioner Nathan Skop, made eight calls to FLP representatives and five to a Progress Energy lobbyist.

Steve Stewart, a lawyer who has appeared before the commission as a utility expert and a frequent critic of the panel, said the calls feed the perception the PSC is too cozy with utilities.

"That's a lot of phone calls," Stewart said. "The PSC needs to rise above the perception and be fully transparent and let everybody know what kind of communication is going on."

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