Oklahoma Corporation Commissioner Todd Hiett declined to recuse himself from an OG&E case involving a preapproval application on Thursday. The company requested his removal because of comments he made in November.
The Nov. 26 request from the company was submitted after Hiett accused it of influencing a final order, saying the changes were “ nothing but propaganda.”
The order granted OG&E preapproval to build two new natural gas turbines at its Horseshoe Lake power plant in Oklahoma County and enter into purchase agreements. In the same document, the regulators denied the company’s request to bill customers immediately for the turbines’ construction.
The commissioners voted 2-1, with Hiett voting against the measure.
Now the commissioners are reconsidering the case at the request of Oklahoma Industrial Energy Consumers and AARP, which argue the final order isn’t in the best interest of customers because it won’t lead to the lowest possible rates.
Representatives of OG&E are asking for Hiett’s removal from the continuing case.
“Commissioner Hiett should recuse himself from any further vote in this proceeding for his prior prejudicial and inflammatory statements through which he has shown a clear animus against OG&E, depriving OG&E of the fair and unbiased participation by Commissioner Hiett,” the filing reads.
Hiett said Thursday he would not recuse himself or apologize for his previous comments.
“ I find it to be very disturbing that a regulated utility would take action to intimidate and squelch the voice of one of its regulators for simply doing his job,” he said.
Chairman Kim David said the commission regularly takes suggestions from groups involved in cases before voting.
“ I believe it's in the public interest to understand that we do meet with the parties while we're doing final orders, and sometimes up to the last minute,” she said.
In its filing, the utility company cites a rule from the Oklahoma Ethics Commission meant to prevent bias in a state office position.
“Ethics Rule 4.7 imposes a mandatory obligation on state officers to recuse where impartiality might reasonably be questioned,” the document reads. “Commissioner Hiett’s statements and conduct create such an appearance of bias.”
Hiett said there isn’t a legal basis for recusing himself from the case.
Christi Woodworth, OG&E’s vice president of marketing and communications, said in an email the company is confident that Chairman Kim David and Commissioner Brian Bingman will support its new projects.
“Commissioner Hiett’s attacks even today clearly demonstrate an unacceptable bias against and hostility towards the company, which is why OG&E was forced to request his recusal,” Woodworth wrote. “Commissioner Hiett did not deny any allegations made against him.”
Hiett said during the Thursday meeting that he did not lack impartiality in the OG&E case.
“ I do not have a bias against OG&E,” he said. “Anyone that has met with me on a frequent basis can tell you that I always say Oklahoma is very fortunate to have a company like OG&E that's financially strong. It's a privilege that we have here in Oklahoma.”
The commission will meet at a later date to decide whether to change its final order.
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