Suppose the General Assembly was due to vote on a measure that would increase your taxes by about $40 a month. Now suppose that because of a court case, you wouldn’t be able to vote for your legislator this year at the usual time. If you didn’t like the way the legislator voted, you’d have to wait until 2025 or later for the chance to vote her out.
It’s not a tax increase but a rate hike, and public service commissioners, not legislators. Otherwise, this is pretty much what is happening in Georgia, except that what’s really happening is more egregious.
There’s a lot of blame to spread around for the Public Service Commission’s election mess. If you wanted to twist the truth into a pretzel, you could even blame the black voters who filed a court case four years ago, challenging the way members of the commission are elected since the latest delays are due to the case still being unresolved.
But the greatest weight of responsibility rests on the 11th U.S. Circuit Court of Appeals, which, in this case, has treated democracy in Georgia with an aloof disregard that would have made Marie Antoinette blush.
The court had a hot issue thrown in its lap when Federal Judge Steven Grimberg ordered the elections for two of the five seats on the PSC to be taken off the ballot in 2022 and directed the General Assembly to create a new system for electing the commission. He agreed with the plaintiffs, who argued that requiring commissioners to live in separate districts but run statewide amounted to racial discrimination.
The court at first stayed Grimberg’s decision, but that action was vacated by the U.S. Supreme Court, which was essentially ordering the 11th Circuit to make up its mind and put the matter to rest. Perhaps stung, the 11th Circuit took another year to issue a ruling last November which essentially restated its earlier opinion, reversed Grimberg and allowed the state’s method for electing PSC members to stay in place.
Then the court did, or failed to do, something that begs a better explanation than has been offered so far. It has been five months, and the 11th Circuit hasn’t formally notified the lower court of its decision. This means an appeal to the U.S. Supreme Court can’t go forward, nor can the elections that were taken off the ballot in 2022 be held in 2024.
The General Assembly passed a new election schedule in the recent session, ostensibly in order to put the staggered election system back in step. It managed to do this by extending the terms of all five PSC incumbents past what would have been their six-year terms.
Under the plan, Tim Echols would run next year for a shortened five-year term after nine years without facing the voters. Fitz Johnson, an appointee, would face the voters for the first time next year in a race for a one-year term. Tricia Pridemore’s next election would be moved from this year to 2026, and Bubba McDonald and Jason Shaw’s elections would be moved from 2026 to 2028. Gov. Brian Kemp still has the power to veto this legislation.
Testifying before a legislative committee in March, Thomas Bond, director of utilities for the PSC staff, said the PSC saw no need for the proposed resurrection of the Consumer’s Utility Counsel. Unlike in other states, there is “no intermediary” between the commissioners and their constituents, he explained, and therefore no need for the new post.
If the commissioners don’t listen to their constituents, he said, “they’ll find out at the ballot box if they don’t find out from the calls to their office.”
How can we square that with the leisurely way in which the courts and lawmakers have gone about assuring that those constituents have consistent access to the ballot box?
In stark contrast to the snail’s pace by which the election issue has been resolved, Georgia Power has moved with remarkable speed to revise its estimates for future demand due to the rising number of data centers. At a time when there really should be no intermediary between voters and commissioners, the threat of the ballot box has been put on pause.
Ga. Power is out of control. I’m on budget billing and my bill has gone up 6 times in the last 15mos. This is ridiculous and needs to stop.
I AM ON BUDGET BILLING AND MY BILL IS GOING UP LITTLE BY LITTLE. NOT ALOT. BUT I MONITOR MY USAGE AND I SWITCHED TO SMART ITEM’S BULBS AND OTHER SMART ITEMS AND HAVE TIMERS SET INSIDE AND OUTSIDE. AND ITS HELPED ALOT. ALSO HAVE AUDIO AND VIDEO. SURVEILLANCE INSIDE AND OUTSIDE ALSO AND IT’S ALL SMARTHOME TYPE ALSO.
While the PSC lets GA Power rob ratepayers, the GA EPD (Environmental Profiteering Division) lets GA Power monitor its own coal plant waste and poison us and our natural resources.
I’m holding my hands above my head! I always do this when I’m being robbed!
Thank you for stating the obvious (but well concealed) truth so clearly! With help from the courts and the legislature, GA Power, and its parent company (Southern) have twisted democracy into a place where voters and consumers have no say about the utility that has a monopoly on electricity (and gas pipelines) in Georgia. Georgia Power has taken political power away from Georgians!
The smart usage charges me whatever they want even when my breaker was off with meter reading 0kwh usage. They can’t tell me or justify how they derived the amount charged. They only said it’s smart usage and peak hour usage even when the breaker is off.
I see that he concurred with the cookie clicker 2 plaintiffs’ argument that the requirement for commissioners to reside in distinct districts but campaign statewide constituted racial discrimination.
“Your comparison between rate hikes and tax increases is spot on. It’s frustrating to see such a lack of accountability and delayed resolutions from both the courts and lawmakers. Voters deserve timely decisions and fair access to elections, especially when it impacts our finances so directly. Thanks for shedding light on this issue!”
Here’s a concise, interactive comment that ties the article’s theme to LESCO bills:
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Tom Baxter raises a great point—if our electricity bills were tax notices, we’d demand transparency. The same applies to LESCO bills in Pakistan, where consumers face confusing surcharges, hidden taxes, and frequent rate hikes with little explanation. Just like in Georgia, decisions are often made without public input. Shouldn’t utility billing be as accountable as taxation? How transparent is your electricity bill? Let’s talk.
Tom, this is a very thought-provoking piece. The comparison between a tax notice and a utility rate hike really highlights how disconnected the PSC elections have become from accountability. It’s frustrating to see how slowly the courts have acted, while energy costs for people move so quickly in the opposite direction.
Your comparison between rate hikes and tax increases is absolutely accurate. It’s disappointing to witness the ongoing lack of accountability and the delays in action from both the courts and lawmakers. Voters deserve timely decisions and equitable access to elections, particularly when such issues have a direct impact on their finances. Thank you for bringing attention to this important matter.