D.C. Councilman Jim Graham characterized Elizabeth “Betty” Noel’s presentation last week before the legislature’s Committee on Public Services and Consumer Affairs as “animated.” But don’t confuse that with entertaining. Her performance was, in fact, quite disturbing. It did nothing to silence critics, who have complained about her nomination by Mayor Vincent C. Gray to the Public Service Commission, which regulates electric, natural gas and telecommunications companies in the city.
I and others have asserted Noel’s nearly 30-year history with the Office of the People’s Counsel — as deputy and later as executive director — would instigate ethics issues, invite costly litigation and impede the commission’s work. OPC advocates on behalf of consumers against utilities; Noel’s name appears in the majority of cases currently before the PSC.
Interestingly, in 2005, the Illinois Senate rejected the governor’s nominee, Mark Cohen, to the Illinois Commerce Commission because of similar potential conflicts of interest. Cohen had been the director of the Illinois Citizens Utility Board for only 12 years — a considerably shorter term than Noel.
In her appearance before the council — replete with flailing arms, chopping hands and strident tones — Noel was confrontational and, at times, disrespectful of the process. She frequently failed to yield to legislators’ requests to halt testimony, suggesting in not-so-subtle language that she — and only she — was the expert on the issues being discussed.
“This was a real opportunity to deliver a dispassionate, effective response to her critics,” observed A. Scott Bolden, a managing partner of Reed Smith law firm and a member of the executive committee of the D.C. Chamber of Commerce, which opposes Noel’s nomination.
During the 29 years I have written about District politics, I have covered many confirmation hearings. Most of the nominees were deferential to legislators. They calmly offered their credentials and strongly responded to critics, without becoming combative or shrill. Noel shattered that tradition and protocol with a performance unlike anything I have ever seen before. Some members of the council were floored by her behavior.
“With the scrutiny she was under, she still couldn’t calm herself,” said one longtime civic activist who attended the hearing but requested anonymity.
Noel’s behavior raised new concerns about her temperament. Her performance may have been appropriate in her job as chief consumer advocate, but it would be incongruent with the role of utility regulator. The PSC is a quasijudicial body; its members must have demonstrated skills and abilities to assess facts impartially, untethered from emotions and zealotry.
“Her performance gives direct insight into what kind of commissioner she will be,” said Bolden, adding he thought she lacked the appropriate judicial temperament for the job.
If she felt comfortable in her public bullying of council members, it’s fair to ask what she might do privately during PSC meetings. Will she exercise the same disregard and engage in similar inappropriate behavior during hearings with utility executives, particularly those from Pepco, which, through her actions and speeches, she has declared her nemesis?
Noel comes loaded with baggage and attitude; she’s an extremely risky appointment. Gray should pull her name from consideration. If he won’t, the council should, without hesitation, decline to confirm Noel’s nomination.
Jonetta Rose Barras’s column appears on Monday and Wednesday. She can be reached at [email protected].
