Non-elected Georgia PSC members making billion dollar decisions as regulator rejects demands to delay Plant Vogtle hearings

The Georgia Public Service Commission (PSC), the state energy regulators for Georgia, have rejected a request by two citizen watchdog groups who requested that hearings on the allocation of more costs to Georgia’s citizens for the Plant Vogtle nuclear expansion be postponed. The delay was sought by the groups until after PSC Commission elections could occur to fill two positions on the board that are being represented by persons not elected by the citizens of Georgia.

The group argued that two of the five members on the board were not elected by the citizens and therefore should not be voting on any matters with financial implications for Georgians. The two in question are Tim Echols and Fitz Johnson. Echols’ term lapsed and Johnson, who was appointed to fill the term of a departing commissioner, has ended. Both saw their terms sunsetting at the end of 2023, but these non-elected members remain in place and are making money decisions that could cost Georgians billions.

Due to a legal challenge on how the members are elected, the 2022 election for two PSC seats were put on hold. Also placed on hold were the two Democratic candidates that won their primary elections and were ready to take on the two Republican candidates for the positions, Patty Durand and Shelia Edwards.

However, a directive was made by the courts that the lines be redrawn, which was over a year ago. This decision was contingent on changes to the election process by the General Assembly in January 2023, but 16 months later no action has been taken to follow the judge’s original directives.

In addition to the two Democratic candidates who were impacted are Georgians who are continuing to wait and watch as non-elected members make financial decisions that their grandchildren will be paying for decades into the future. Many say that un-elected persons voting to burden Georgia citizens with billions of dollars is unconstitutional and an ongoing stall tactic until all of the Plant Vogtle costs can be passed on to Georgia citizens by the current Republican commission (three duly elected members and two illegitimate members).

The hearings that the group was seeking to delay will determine who bears the financial burden for Plant Vogel. The PSC is scheduled to conduct “prudency” hearings this autumn to determine the cost-sharing arrangements for the construction of two additional nuclear reactors at Plant Vogtle between Georgia Power customers and the utility’s shareholders, with a final vote set for December 19.

Glen Carroll, the coordinator of Nuclear Watch South, expressed concerns to commissioners about allowing unelected commissioners, Johnson and Echols, to participate in any phase of this case saying that such participation is reckless, unnecessary, and poses a risk to the authority and legitimacy of any decision made by the commission.

The decision to postpone elections in the districts served by Echols and Johnson was a result of a lawsuit filed by a group of prominent Black leaders, alleging that the redistricting plan passed by the Republican-majority General Assembly in March of the previous year diluted the Black vote in those two districts. The great news is that the judge agreed with the Plaintiffs, but this year’s long hold is of little consolation for races that should have been decided in November 2022.