Who doesn’t love Elizabeth “Betty” Noel and hate Pepco? The answer to that question has colored the debate surrounding the city’s three-member Public Service Commission, which regulates electric, natural gas and telecommunications companies in the city. Mayor Vincent Gray has nominated Noel to the PSC. The former people’s counsel from 1991 to 2010, Noel advocated for consumers and protected them against utility companies. She often appeared before the PSC and frequently fought with Pepco. Her passionate — some might say obsessive — approach has won her praise around the city.
“She’s an excellent candidate with a wealth of experience,” said Ron Collins, executive director of the Office of Boards and Commissions, which recommended Noel for the mayor’s consideration.
I am a Noel fan. I am also a member of the chorus of Pepco critics; why can’t it keep the lights on, for God’s sake?
Still, I believe Noel is the wrong person for the PSC. Her service could instigate a new round of ethics questions, which the city can ill afford. She would invite costly litigation. And ultimately, she could impede the commission’s work, poorly serving consumers and the industry.
“I would not have made the nomination,” said one D.C. Council member who, like others I spoke with, chose to withhold public comment until Noel’s confirmation hearing, which has been scheduled for Oct. 11.
Noel didn’t respond to a request for comment made through Collins’ office.
As people’s counsel, Noel was the lawyer in the majority of the 28 cases pending before the PSC. In other words, she already has a documented position on the issues. It’s hard to imagine she would reverse her own opinions simply because she’s on a different side of the table.
Complicating matters, the current people’s counsel, Sandra Mattavous-Frye, is a Noel protege. (While Mattavous-Frye returned my telephone call, she refused repeatedly to even listen to any of my questions.) Their previous relationship could be perceived as yet another anti-utility bias, prompting conflict-of-interest allegations.
Would anyone be surprised if Pepco — or any utility, for that matter — under such circumstances chose to appeal rulings handed down by a PSC that included Noel?
The Gray administration has said Noel would recuse herself. With such a large number of the cases bearing her signature that could mean more recusals than service. Additionally, Noel’s constant need to step aside would mean decisions would be made by only two individuals. What happens when there is disagreement? Will the work of the commission come to a halt?
Moreover, the government would be providing a $147,000 annual salary for a person who, because of conflicts, couldn’t fully carry out the duties of the job. District officials, including the mayor and council, already squander taxpayers’ money. There doesn’t need to be yet another opportunity for waste.
“It will serve no one, if she is confirmed,” another council member told me.
It’s hard to disagree with that assessment.
Jonetta Rose Barras’ column appears on Monday and Wednesday. She can be reached at [email protected].
