SANTEE COOPER
BOARD
Senate OKs bill to limit governor's firing
power
By Zane Wilson The Sun News
COLUMBIA - A bill that strips governors
of their power to remove Santee Cooper board members for no reason
passed in the Senate on Monday after more than four hours of
debate.
State Sen. Luke Rankin, R-Myrtle Beach, one of the sponsors of
the bill, said the utility "is a tremendous economic tool for South
Carolina" and it needs to be stabilized.
The bill will receive routine third reading today and be sent to
the House, where it is expected to pass because a similar bill has a
wide majority of the membership signed on as sponsors.
The bill was introduced in the last session but did not pass.
It was energized this year by Gov. Mark Sanford's abrupt removal
in December of the utility's board chairman after he refused to pay
more money to state coffers.
After that, one of the top three market-ratings analysts
downgraded the utility's outlook to negative.
The concern began almost six years ago, when former Gov. Jim
Hodges removed John Rainey as Santee Cooper chairman. Rainey sued
and lost. The state Supreme Court said a provision in the 1994
government restructuring law gave the governor the right to remove
board members without cause.
Sen. John Land, D-Manning, said he publicly criticized Hodges at
the time because of the instability it created for the utility.
"Santee Cooper is very, very important for us," Land said.
The utility is the fourth-largest public power company in the
nation, the seventh-largest overall. It supplies power directly to
most of Horry, Georgetown and Berkeley counties and indirectly to
all the electric co-ops and to some cities including Georgetown.
In addition, the lakes the utility uses to generate power have
economic importance such as tourism and fishing.
Sen. Glenn McConnell, R-Charleston, also a sponsor of the bill,
said lawmakers never intended for board members to be removed at
will or the law would not have given them seven-year terms.
Rankin said no one on the 11-member Santee Cooper board has been
allowed to serve a full term in years.
That is not good for the utility because it has mostly new
members, he said.
Rankin said he thinks that is why the board agreed to the
governor's request for money in 2003 and voted to donate $13.5
million from the sale of property. That property belongs to
ratepayers, not the state, he said.
That is in addition to the 1 percent of its revenue that the
utility pays the state each year, about $10 million.
The bill would give governors leeway over board members.
A cause for dismissal, in addition to dereliction of duty or
criminal activity, could be failure to act in the best interest of
the utility.
Some senators were concerned that a governor could use that as an
excuse to remove people at will, but attempts to strike the
provision failed.
Also failing were amendments that would shorten the term of board
members to four years.
The bill requires a governor to nominate someone who fits the
qualifications and is screened by the same panel that screens member
of the Public Service Commission.
Main components of
Santee Cooper board reform bill
Governor would not be able to dismiss a
member except for cause
Nominees would have to meet qualifications and pass a screening
committee
Ratepayers could sue if the board violates
its fiduciary duties
Board membership representing electric co-ops would be expanded
to three from one
The board would not be able to sell substantial assets without
legislative permission
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