Daily Archives: July 28, 2021

The Public Utility Commission Needs an Overhaul

The Vermont Public Utility Commission is truly a curious beastie. If it didn’t exist and you were creating a regulatory body afresh, there is no way on God’s green earth that you’d follow the deeply flawed model of our Earth-1 PUC.

Or should I say “Bizarro Earth”?

The PUC is what they call a “quasi-judicial body.” What this means in practice is that it hides behind a judicial cloak when it’s convenient, and ignores judicial conventions when it’s not.

For those just tuning in, the PUC is a three-member panel whose members serve six-year terms. Candidates are nominated by the governor, vetted by a judicial nominating board and approved by the Senate. By state standards, they are handsomely compensated; PUC Chair Tony Roisman pulls down a tidy $160,763 per year, and the other two members get $107,182 apiece.

The commission is a hugely powerful body that, in the words of its homepage, “regulates the siting of electric and natural gas infrastructure and supervises the rates, quality of service, and overall financial management of Vermont’s public utilities: electric, gas, energy efficiency, telecommunications, cable television (terms of service only, not rates), water, and large wastewater companies.”

That’s, um, quite a lot.

But if you want any insight into its decision-making process, you’re shit out of luck. The commission conceals itself behind its cloak of quasi-judiciality. Its deliberations are conducted behind closed doors. Commissioners refuse to discuss their work because, ahem, they’re quasi-judges.

This makes their jobs easier, but it is decidedly not in the public interest.

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