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State high court restores embattled PSC
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Annapolis (Map, News) - The embattled Public Service Commission — blamed for a 72 percent increase in electricity costs — is back.
Maryland’s highest court ruled Thursday that state lawmakers did not have the right to fire the PSC, whose members were terminated in June because the Legislature, controlled by Democrats, believed they had not done enough to keep electricity rates down.
The Legislature overrode a veto by Gov. Robert Ehrlich, who appointed four of the five commissioners, to fire the utility-regulating PSC.
But in a 6-1 decision Thursday, the Court of Appeals said the Legislature overstepped its authority.
“We have the duty to protect all of the branches of government from granting power to, or seizing power from, each other,” the judges wrote in an 86-page decision.
The legislature may not “simply fire the gubernatorial appointees it does not like, ..., the judges wrote.
The decision will not affect the rate relief plan for customers of Baltimore Gas and Electric Co. that the Legislature established this summer.
Minutes after the judges released their opinion, Democrats began attacking their decision.
“Bob Ehrlich and [PSC Chairman] Ken Schisler won their case today, but Maryland families, consumers and taxpayers lost,” Baltimore Mayor Martin O’Malley said in a statement. “If I am elected governor, I will fire Bob Ehrlich’s so-called ‘business-oriented’ Public Service Commission and replace them with independent and competent members who will protect the public.”
House speaker Michael Busch and Senate President Mike Miller, both Democrats, agreed with O’Malley.
“It’s hard for me to contemplate how there can’t be any oversight in government for competency in doing their job,” Busch said.
Miller said he was “extremely disappointed” in the court’s ruling.
“Most Marylanders don’t care about appellate constitutional arguments, they care that their state government is fighting for and protecting them,” he said.
Ehrlich, however, said he applauded the decision.
“The court’s decision demonstrates that the General Assembly’s rush to deflect blame for their 1999 deregulation law was irresponsible and an overreach of the Maryland Constitution,” he said in a statement.
The Associated Press contributed to this story.
lbroadwater@baltimoreexaminer.com stracy@baltimoreexaminer.com
Comments from Examiner Readers
8:45 AM MST on Sat., Apr. 21, 2007 re: "Co-op laws decried as prohibitive"
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Examiner Reader said:
So where are we with this effort? I assume it's dead or we would have heard more about it since December. It would aos be nice if reported would spell out approximately what BG&E's new proposed "price to compare" would be if nothing is done. They all say 50% increase, so to me that says to me: $0.113 x 1.5 = $.1695 (or there about) I'm glad I switched to WGES and got $0.089. I recently got a letter from them telling me I'll need to moving into a 1 or 2 year fixed contract soon. New rates for me are: $0.109 and $0.11 for 1 and 2 year contracts respectively. Note the site currently has offerings of $0.113 (for 5% wind power). The only thing close is Commerce at $0.092 and $0.098 variable rates. Pepco has a nice $0.127 100% green option so I could be saving the world. It's only appealing if the BG&E rates go up to what I calculated above (not including deferral interest). Feel free to chime in any time.
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