Letter to AG Seeks McMurrian’s Recusal

The following letter was submitted to the Attorney General’s Office on July 27, 2009 by the publisher of FPSCReports.com:

July 27, 2009

Office of the Attorney General
The State of Florida
The Capital PL-01
Tallahassee, FL 32399

Dear Attorney General McCollum,

As a citizen of the state of Florida, and someone who has participated in the regulatory process at the PSC over the last 17 years, I believe it is crucial that any decision rendered by the PSC be free of any bias. This is even more important today as the Commission considers over $1.3 billion in annual rate cases for Florida’s two biggest investor owned utilities.

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The Ex Parte Case Against Commissioner McMurrian

Commissioner McMurrian has recently responded to a number of questions addressing the potential conflict of interest posed by her attendance to utility sponsored conferences and private dinners with utility representatives.

Her response to these questions has been to say that she is “being educated on important issues” and the “merits” of the pending cases are not discussed. 

Research by FPSCReports.com, listed below, provides an alternative view.

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McMurrian Email Shows Path To FP&L and Influence

Three days after Commissioner McMurrian returned from the Standard & Poor’s Utility Conference on credit issues, EPRI, a utility sponsored industry group, was seeking McMurrian’s participation in another conference.

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Publisher of FPSC Reports, Guest on Sarasota Radio Station

Yesterday, June 17, 2009, a publisher from FPSC Reports, Steve Stewart, was a guest on The Captain’s AMERICA talk radio show on 1220 WSRQ AM in Sarasota, Florida. During the show, Stewart discussed his findings regarding the investigation on Florida Public Service Commissioner Katrina McMurrian.

If you did not get the opportunity to hear the segment, please click the play button on the audio player below to listen to yesterdays discussion.

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Steve Stewart on The Captain’s AMERICA radio show

Part 3: Documents Indicate Public Service Commissioner McMurrian Recieved Ex Parte Communications

This is the third part of an investigative report addressing Florida Public Service Commissioner Katrina McMurrian’s trip to a Standard & Poor’s Conference on March 10, 2009. Click here if you missed part 1, or click here if you missed part 2.

Before Commissioner McMurrian accepted the invitation to the Standard & Poor’s Conference on March 10, 2009,  she asked for and received a legal opinion from the PSC General Counsel.

The General Counsel informed Ms. McMurrian that if  ”you receive an ex parte communication relative to a proceeding to which you are assigned” you must place it on the record and notify all parties.

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Part 2: McMurrian’s Path To The Standard and Poor’s Utility Conference

This is part two of a three part investigative report by FPSCReports.com detailing the events that led to Commissioner McMurrian accepting an invitation to serve as a panelist at the 2009 Standard & Poor’s Utility Conference. If you missed part one, you can view it by clicking here.

The facts appear to indicate that Ms. McMurrian was recruited by an employee of Standard & Poor’s to serve as a panelist at a conference addressing credit issues.  The responsibilities of this Standard & Poor’s employee included both communicating with utility management and state Public Service Commissioners.

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Postponed – Part 2: McMurrian’s Path To The Standard and Poor’s Utility Conference

Due to the discovery of new information, the posting of the report entitled ”Part 2: McMurrian’s Path To The Standard and Poor’s Utility Conference” has been postponed to give people involved a chance to respond to questions submitted by FPSCReports.

Part 1: McMurrian’s Path To The Standard and Poor’s Utility Conference

This is part one of a three part investigative report by FPSCReports.com detailing the events that led to Commissioner McMurrian accepting an invitation to serve as a panelist at the 2009 Standard and Poor’s Utility Conference.

The facts appear to indicate that Ms. McMurrian was recruited by an employee of Standard and Poor’s to serve as a panelist at a conference addressing credit issues. The responsibilities of this Standard and Poor’s employee included both communicating with utility management and state Public Service Commissioners.

The timing of this conference, the attendees, and the subject matter of the conference raises important questions that need to be addressed by Commissioner McMurrian.

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Skop & McMurrian Push “Ex Parte” Limits At Conference

One week before a vote on the TECO rate case, and while both FP&L and Progress Energy had major rate cases pending before the Florida Public Service Commission, Commissioners Skop and McMurrian attended a Standard & Poor’s Utility Conference in New York that clearly addressed issues pending before the commission.

The topics included the current economic slowdown and it’s impact on the electric industry and the effect of constrained credit on the utility industry in 2009 and beyond.

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McMurrian, Skop & Carter Lead In Travel at PSC

Travel by Florida Public Service Commissioners has long been a controversial subject. Consumer advocates have always been concerned about the opportunity that travel affords utility representatives and other industry insiders to influence the mindset and the decision making of the commissioners.

However, it is important to note that not all travel is created equal. For example, service hearings allow for consumers, utility representatives, and consumer advocates to be heard and to defend their respective positions. Conferences by regulatory associations, while suspect in consumer circles, can be informative to commissioners and staff.

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