Cahill: PSC Recommendation Against Evidentiary Hearing Unwise and Irrational

May 9, 2013

Kingston, New York – Assemblymember Kevin Cahill (D – Ulster, Dutchess) released the following statement today regarding the Public Service Commission (PSC) announcement that an Evidentiary Hearing on the proposed merger of Central Hudson and Fortis Inc. is not recommended to take place.

“It is ill advised that staff at the PSC did not recommend an Evidentiary Hearing take place just days after Administrative Law Judges thoroughly reviewed the case and released a Recommended Decision which counsels that this merger not occur under the current set of terms. An Evidentiary Hearing would be an opportunity for statements and promises made to the ratepayers of Central Hudson to be put on record and either verified or disputed. I urge the PSC to go forward with an evidentiary hearing before accepting as fact the statements and promised of Fortis and Central Hudson. It is never too late for the truth or for transparency, accountability, and the public good.

“While it is clear that Central Hudson and Fortis have failed to meet the minimum statutory standard to allow approval, the veracity of their "promises" raise other questions. The meager community benefits package pales in comparison to that which was required in similar circumstances. Its flaws are evident in the utter failure to provide for indigent ratepayers, along with the hollow promise of rate relief and the complete absence of a labor continuity plan. Unless it is the intention of the Commission to outright reject the transaction, it is becoming clearer by the day that an Evidentiary Hearing, at a minimum, is required before the PSC can responsibly render a determination.

“I applaud Administrative Law Judges Rafael Epstein and David Prestemon for arriving at the determination that this merger is not currently in the best interest of ratepayers. They correctly concluded that it is clearly it is a sweet deal for Fortis Inc and a few corporate officers, but leaves the ratepayers out in the cold. I urge the PSC to heed the advice of their ALJs or, at the very least, conduct Evidentiary Hearings.”

What's New