Although no legislation was offered, representatives from the V.I. Public Services Commission testified before the Government Services and Housing Committee on Friday in support of legislation to change the structure of the entity and include paid, full-time commissioners.
M. Thomas Jackson, chairman of the PSC board, spoke about his lengthy volunteer service and the difficulty of managing the work without a quorum. Currently there are four members on a board intended for nine people. The commissioners are Sirri Hamad, Elsie Trotman, Joe San Martin and Jackson.
“I’m not looking for any job as full-time commissioner. The next governor will get my resignation come Jan. 15, if I’m not replaced. I’m done.” Jackson said.
The Public Services Commission regulates public utilities, including electric and water service, telephone and cable services, ferry franchises and the V.I. Waste Management Authority.
“The failure to establish a quorum has far reaching implications,” Jackson said. “By law, if the commission fails to take action during a specific period of time on a rate request by any of the utilities we regulate, that petition for an increase goes into effect by operation of law.”
“That means that the diligence necessary to ensure that all rates are just, reasonable and nondiscriminatory is jeopardized if the commission is unable to form a quorum,” Jackson said.
Jackson said action will be needed in the near future on matters involving the V.I. Water and Power Authority and VIWMA, who will file for additional fees, and a rate review will be required for the local telephone company ending a price freeze imposed when control of the company changed hands.
A rate review for St. Thomas-St. John ferries also will be required since new vessels have been put in service, Jackson said.
Senators quizzed Jackson, PSC Executive Director Keithley Joseph and attorneys Tanisha Bailey-Roka and Boyd Sprehn about a transition from a volunteer board to paid commissioners. Jackson and Bailey-Roka agreed that only three commissioners would be needed and much of the work would continue to be performed by consultants.
Bailey-Roka said consultants were used because qualified people weren’t attracted by the salary offered by the commission.
Sprehn said consulting fees typically are lower than fees paid to WAPA and other utility consultants. Because of the volume of paperwork, the PSC seeks consultants such as those at Georgetown Consultants, with 27-28 years experience.
Sen. Donald Cole, a former ex-officio PSC member, said commissioners paid by rates from the utilities they regulate is common practice and spoke in favor of a three-member commission.
“Every commission in the U.S. has paid commissioners. They look at us and say, ‘You people are crazy in the Virgin Islands.’” The stateside commissioners have a cadre of accountants, engineers and legal counsel, he added.
Senators present at the meeting were Committee Chairwoman Diane Capehart, Cole, Terrence “Positive” Nelson, Craig Barshinger, Judi Buckley, Clifford Graham and Alicia “Chuckie” Hansen. Buckley is currently a PSC ex-officio member.
Barshinger said he will sponsor legislation to reform the PSC that is currently “a group of good people working under a bad system.”
