Bill risks
utility’s credit, eliminates accountability
A CREDIT-RATING agency’s decision to place a negative outlook on
Santee Cooper’s bonds lent momentum and even a hint of apparent
credibility to the six-year-old effort to strip away any vestige of
public accountability over policy decisions at the state-owned
utility.
That was a big part of the debate when the Senate passed a bill
last month to make it impossible for governors to remove board
members unless they break the law, refuse to show up for meetings or
meet a limited number of other “causes.”
The change sounds reasonable until you understand what it means:
If board members dole money out to legislators’ pet projects, the
governor can’t remove them. If they raise rates in order to pay
exorbitant salaries, the governor can’t remove them. He can’t even
tell them he thinks it would be a good idea if they resigned — and
he certainly can’t suggest that they consider whether the state
ought to run a power company.
Those restrictions dovetail with two other actions that revived
the anti-accountability measure: Board members agreed to trim back
their “charitable” contributions and to sell off some excess land,
as Gov. Mark Sanford had requested; and the governor orchestrated
the hiring of an investment bank that analyzed the possibility of
privatizing the utility — an idea that is far less outlandish than
proposals to privatize school bus service or to “run government like
a business.”
But now that the House is about to take up the bill, another
credit agency has reacted the way some senators warned: It has
lowered its outlook on Santee Cooper’s bonds to negative, and it has
done so precisely because of the bill that was supposed to boost the
outlook.
Little wonder.
The legislation guarantees that five of the 11 seats on the board
that is ultimately responsible for rates would go to the utility’s
biggest customers — the electric cooperatives that buy half of
Santee Cooper’s power and a large industrial customer.
Although that’s the main thing Standard and Poor’s found
objectionable, the rest of us should be troubled by other parts of
the bill.
It sets up an outside screening panel to review the governor’s
appointments — an astounding admission by the Senate that it is
incapable of vetting these appointees as the law already requires it
to do.
It provides “accountability” by letting ratepayers and
bondholders hire a lawyer, file a lawsuit and hope that after
several years of protracted and expensive legal maneuvering they can
convince a judge or a jury that individual board members did
something wrong. The threat of that is supposed to somehow do a
better job of keeping board members in line than the certain
knowledge that a governor can kick them off the board if he doesn’t
like the way they run the place.
That’s hard to imagine. What’s easy to imagine — and Santee
Cooper executives and board members have said so — is that this
lawsuit-happy provision would lead to wholesale resignations by
board members, who would be subject to suit if they made the kind of
responsible decisions that Mr. Sanford has pushed them to make.
If legislators are determined to make sure that there is no
political accountability over the way the state’s most valuable
holding is operated, there’s probably nothing we can do at this
point to stop them. But they should at least drop the charade:
They’re not doing this to protect Santee Cooper from financial ruin.
Their actions invite
it. |