Santee Cooper
dispute runs deep Views clash over
control of utility By Zane
Wilson The Sun
News
The dispute between the governor and legislators over Santee
Cooper is driven by differing views on how the utility should be run
and whether it should be a moneymaker for the state. The recent
Senate probe has not settled that, say those on both sides.
But at least the passage of a new law late in the legislative
session will prevent any attempt to sell the state-owned utility
without legislative participation and approval, said Sen. Luke
Rankin, R-Myrtle Beach, who led a special Senate subcommittee probe
into board activities at Santee Cooper.
The issue is significant because the state-owned utility serves
most of Horry and Georgetown counties either directly or indirectly
with rates that are lower than those charged by for-profit
companies.
A 50-page report from the subcommittee compiling its 22 hours of
hearings and hundreds of pages of documents released last week
pointed fingers at several board members who it said damaged the
utility's operations.
"There appeared to be an agenda advanced by a minority of the
board that was not in the best interests of Santee Cooper," the
Senate report concluded.
"Some actions were reckless and could have been costly to Santee
Cooper and its customers and bondholders and the state. Other
actions bordered on bullying."
Those members deny the accusation and say that they not only did
nothing wrong but they were acting in the best interest of the
utility and that it is the Senate subcommittee that is wrong.
"All of the board members on the committee's hit list asked hard
questions, were engaged and were always respectful to management,"
said Guerry Green, the former chairman who was ousted during the
dispute when the governor withdrew his nomination.
Gov. Mark Sanford, who appointed the board members whose actions
were criticized, said the report had little merit and in turn
attacked the motives of two of the senators on the subcommittee.
The dispute has been the most divisive of Sanford's term, with
the most intense aspect of it centering around a finance company
report on the value of Santee Cooper.
The governor's staff at first denied that the governor's office
ordered the report. After copies of e-mails revealed that the
company was in fact hired by the governor's office, his spokesman
said it had nothing to do with selling Santee Cooper.
Sanford attended one of the subcommittee's hearings in Moncks
Corner and told scores of residents that the report was not aimed at
selling Santee Cooper.
Further e-mails revealed that the request to the finance company
did include a review of what it would fetch in a sale. Sanford
replied that you cannot get its proper value without considering
what it would bring if it were sold.
Moreover, the dispute has left the board with four vacancies that
probably cannot be filled until legislators convene in January,
along with demands that the acting chairman and two other members
resign.
How it started
The controversy started simmering a year and a half ago when
Sanford asked the utility to provide an extra $13 million for the
state budget.
Santee Cooper, though state-owned, has never received state
money. It pays 1 percent of its revenue to the general fund each
year.
Rankin and other legislators attempted to pass a bill forbidding
such payments to the state on grounds the money would come from the
pockets of ratepayers, who would be paying an unfair tax for the
rest of the state.
The board agreed the $13 million was a one-time contribution from
the sale of surplus property.
The temperature rose last fall when some members, at the behest
of the governor, began questioning the utility's donations and
sponsorships.
The simmer turned to a boil when Sanford fired board Chairman
Graham Edwards, a former chief executive officer of Santee Cooper
who Sanford had broadly praised in two previous nominations for the
board post.
Sanford gave little reason for his action. Edwards said it was
because he resisted the governor's demand for more money from the
utility and to stop making contributions to local charities.
The Senate subcommittee report said the board members it
describes as rogues turned against Edwards because he did not
support the governor's demands and asked that he be removed.
Richard Coen, whose immediate resignation was demanded by the
Senate subcommittee, said Edwards lost support because he did not
comply with members' "repeated requests" for information on
operations, contracts, legal matters and other issues they said they
needed to know to fulfill their duties.
"The inconclusive and incomplete responses to requests for
information resulted in the resignation of the prior president and
the eventual removal of the last chairman," Coen said in a letter to
Rankin that he released to news outlets last week.
Former President John Tiencken, an attorney, resigned last fall,
saying he wanted to go into private practice.
Former staff attorney John West left at the end of the year,
saying he wanted to go into private practice.
The turnover resulted in the first downgrade of Santee Cooper's
financial outlook in more than a decade when Fitch Ratings posted a
caution.
The new law that forbids discussion of a sale of Santee Cooper
without legislative approval also adds another layer of approval for
the governor's nominees to the board. Besides being confirmed by the
Senate, they must be approved by a utility board's screening
panel.
The law also prevents the utility from being forced to pay more
than its current 1 percent of revenue without specific legislative
approval.
Sanford vetoed the bill, but the veto was overwhelmingly
overridden.
He said when he vetoed it that the bill would produce the
opposite effect than what legislators desired because it would have
"a chilling effect on accountability to the people of South Carolina
and ultimately serves as a threat to ratepayers of Santee
Cooper."
Sanford said there are ways the state can get more money from the
utility without raising rates and he would not accept more money if
it meant raising customers' rates.
In Sanford's view, the utility belongs to all the state's
residents, not just its customers, and the state should get more
from it. The utility's supporters say it provides value to the state
by fostering economic growth and discouraging higher electric rates
in the areas served by the private utilities.
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