COLUMBIA--These days, soldiers aren't the only
ones who have to hurry up and wait.
Every week, O'Neal Hamilton makes the 100-mile trip here from his
Bennettsville home, gets a motel on his own dime and spends three days
sitting in the most ornate waiting room he's ever seen.
He plants himself in the Statehouse lobby, halfway between the House
and Senate chambers, a big nametag pinned to his chest, a weary but
patient look on his face.
Welcome to the life of a 2002 Public Service Commission candidate.
"I had hoped it would have been worked out last year," Hamilton said
recently. "I come because I'm interested in the job, and you need to be
available to the members who elect you."
For more than a year, the General Assembly, which elects commission
members, has been deadlocked over the issue of reforming the Public
Service Commission's board and staff and the way the commission does
business.
As a result of the stalemate, the elections that were scheduled to
occur early in last year's legislative session have been continually
delayed, and there's no guarantee they will happen this year. The
candidates have been stuck campaigning for the past 15 months.
There are several issues at play. Among other things, senators believe
members of the powerful regulatory agency's board, which oversees South
Carolina's $9 billion utilities and telecommunications industries, should
have at least a college degree and some expertise in business, law,
accounting or the industries that they regulate.
The House rejected legislation mandating those requirements last year
and this year sent its own version of PSC reform to the Senate. This week,
the Senate may send the House the same bill it sent last year.
"I'm hopeful the Senate will eventually use the House version, add
their amendments and we can work out our differences in a conference
committee," House Speaker David Wilkins said. "We're certainly willing to
meet them halfway."
The question is whether either side will ever bend enough to suit the
other.
Most of the candidates involved in this marathon campaign are hesitant
to talk publicly, not wanting to appear critical of people who might vote
for or against them. Some grumble privately, however, about the Senate
holding up the process.
Senate President Pro Tempore Glenn McConnell, R-Charleston, has said
repeatedly that he will not allow the elections to take place until there
is meaningful reform in a system that he says has broken down.
Hamilton, chairman of the Marlboro County Council, is not afraid to
speak because he's not critical of the process. Being a Public Service
Commissioner is an important job, he said, and lawmakers need to be
comfortable with how the commission operates.
That clearly isn't the case now. Many legislators, McConnell chief
among them, are concerned about PSC members and industry officials having
"ex parte communications," basically, conversations about a regulatory
issue before the commission with only people on one side of the issue
present.
A Legislative Audit Council report released earlier this year said
there were some indications that commissioners and staff may have had
communications that "give the appearance of impropriety." That's a major
concern because often these conversations are about rate changes for
telephone, water or electric companies.
To avoid even the appearance of wrongdoing, both the House and the
Senate want to divide the PSC staff, half to work for the commissioners,
the others to work with the industries and public. That is something that
the PSC itself has been working on, officials there said, and they could
move more quickly if only they weren't suffering from the state budget
crisis.
The bigger issues at play here are nepotism and job qualifications.
The subjects have been touchy because the prize is one of the cushiest
jobs in state government: Public Service Commissioners make $78,000 for a
part-time job. With travel expenses added in, the average pay is $85,000.
Last year, the chairman made more than $100,000 in salary, mileage
payments and per diem.
The House and Senate are far apart on who qualifies for these lucrative
jobs. The House version of PSC reform would require candidates to have a
high school diploma. The Senate version would require a college education
or background in a related industry, business, accounting or the law. The
Senate version would ban any person with a relative in the Legislature
from applying. The House would not.
Senators said the House is opposed to the nepotism clause because the
husband of state Rep. Becky Meacham-Richardson, R-Fort Mill, is a
candidate.
State Rep. Harry Cato, author of the House PSC reform bill, said it is
unfair to bar nepotism only on the Public Service Commission.
"If they want to rule out nepotism throughout state government, that's
fine," Cato, R-Travelers Rest, said. "If it's good for the PSC, it's good
for the board of visitors at USC and everywhere else."
Another issue that has been raised recently is what to do about the
current elections, which are a year overdue. Some reform proponents want
to hold off on the elections until next year and hold candidates to the
new qualifications. Others believe that the current candidates, who have
already been through a screening process, should be allowed to run now.
Some wouldn't meet the new requirements. Lawmakers are still debating
whether sitting commissioners would be grandfathered in.
"I'm worried about people getting voted out after one cycle, but we
wouldn't let reform not happen because of that," Cato said.
McConnell is insistent on the higher qualifications being a part of any
PSC reform and said that to hold elections before new standards are set
only perpetuates an outdated system.
"Why don't they want educated people overseeing a $9 billion industry?"
McConnell said. "The PSC should not be a schoolhouse to learn the law and
the industry. You ought to have some background. That's a major difference
between us (the Senate and the House). I hope we can close the gap, but I
think people will side with the Senate. These people decide what our
electric rates and phone rates are going to be. We're on the high ground
here."
Last week, the Senate Judiciary Committee debated both versions of
reform and, as it did last year, sent the Senate version to the full
chamber. The bill could come up for a vote as early as this week.
Senators said they will likely stick with their version and try to get
the House to come around, even though they are taking the blame for the
overdue election. This is not an issue of party, but of chamber.
"Glenn is the most courageous person in South Carolina right now
because he's trying to bring the state into the 21st century. He's doing
his job," state Sen. Robert Ford, D-Charleston, said. "You've got to do
the right thing, even if it's not popular."
Most candidates are resigned to facing elections either under current
requirements or adhering to the new requirements. Hamilton would meet the
standards of the Senate's tougher job requirements: He has served on his
county's utilities commission, forcing him to become well-versed in
industry issues and to be responsive to the concerns of residents who have
to pay higher rates when the commission approves them. He also has no
relatives in the General Assembly.
"I think you need to be willing to spend the time to understand the
issues," Hamilton said.