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Senate Republicans To Gov. Wolf: We Will Reject Any Nominees To PUC Until You Withdraw Your Executive Order Joining RGGI Carbon Pollution Reduction Program For Power Plants

On April 21, Senate Republicans wrote a letter to Gov. Wolf to advise him they will reject all future nominees to the Public Utility Commission until he withdraws his executive order joining the Regional Greenhouse Gas Initiative to reduce carbon pollution from power plants.

[Note: Just so we're clear, the PUC has nothing to do with the RGGI regulation.]

"If you believe that RGGI has value to the Commonwealth, then you should be confident to have it vetted properly through the legislative process.

"The current path to circumvent this process betrays both proper representation of our citizens, and any merit to this program that you may think exists.

"We are willing to participate in discussing this program through our committees and on our legislative floor, but we will not sit idly by and watch you ignore the foundations that built this state."

Twenty-seven Republicans and Sen. John Yudichak (I-Luzerne) signed the letter.

Laura Legere of the Pittsburgh Post-Gazette quoted Gov. Wolf’s spokeswoman, Lyndsay Kensinger, as saying the senators were setting a “reckless precedent” by “using an appointment to a critical commission, which serves all Pennsylvanians, as a hostage.” Read more here.

The text of the letter follows--

Governor Wolf,

We are writing to you with regard to your recent appointment to the Pennsylvania Public

Utilities Commission (PUC). As you are aware, the Senate of Pennsylvania is currently reaching the deadline to approve or deny your recent appointment.

Confirmation of gubernatorial appointments is a constitutional duty we take very seriously. With regard to this specific appointment, the Senate Majority has serious issues with your recent actions related to the Regional Greenhouse Gas Initiative (RGGI).

The Constitution of Pennsylvania is more than just words on a page to all of us. We consider it the operations manual for the entire Commonwealth.

Three co-equal branches of government are the foundation to both equal representation and checks and balances, that have faithfully served Pennsylvanians since our inclusion into the Union in 1787.

For months, the General Assembly has been expressing concern regarding your excessive use of executive orders and the rulemaking process to achieve substantial policy changes rather than vetting them through the legislative process set forth in the Constitution.

In our view, one of the most brazen executive actions was your unilateral inclusion of Pennsylvania into RGGI without legislative approval.

The Independent Regulatory Review Commission (IRRC) even went as far to call for a one-year moratorium on your actions and questioned what authority you possess to enter into this pact without legislation.

To that point, the Commonwealth entered into other multi-state agreements, such as the Chesapeake Bay Commission, the Delaware River Basin Commission and the Susquehanna River Basin Compact only after the General Assembly passed authorizing legislation that the Governor signed into law.

Further, three Department of Environmental Protection (DEP) advisory panels have rejected the proposal, yet the Environmental Quality Board (EQB) still processed with developing regulations associated with RGGI.

It is our understanding that the EQB plans to advance these regulations this summer, despite a clear constitutional requirement for involvement by the General Assembly.

In lieu of this subversion of the constitutional process, and short of arguing this in a judicial setting, we are presented with very few options to reinstitute proper checks and balances in this particular situation.

Therefore, we will be exercising our legislative authority to reject all future PUC nominees until you withdraw your executive order related to Pennsylvania's inclusion in RGGI.

We do not take this position lightly. The PUC has significant oversight in energy and rate regulation, and they have already actively participated with the EQB by engaging PJM Interconnection "to promote the integration of this program in a manner that preserves orderly and competitive economic dispatch within PJM and minimizes leakage. "

If you believe that RGGI has value to the Commonwealth, then you should be confident to have it vetted properly through the legislative process.

The current path to circumvent this process betrays both proper representation of our citizens, and any merit to this program that you may think exists.

We are willing to participate in discussing this program through our committees and on our legislative floor, but we will not sit idly by and watch you ignore the foundations that built this state.

Thank you for your time and consideration in this matter. We are available to engage further on this issue if you so choose; however, until we can reach any agreement with your removal of Pennsylvania from RGGI and submit the compact for deliberation through the General Assembly, we will not be confirming any PUC nominees.

Click Here for a copy of the letter.

Reaction

Senate Democratic Leader Jay Costa (D-Allegheny) issued this statement Friday on the Republican move--

"I'm disappointed by the Republicans’ choice to block nominations to the Public Utility Commission. The PUC is an independent oversight board that regulates matters far beyond clean energy and this partisan move threatens its ability to function.

"Further, it is the role of the Senate to advise and consent on the nominations of the Governor and Senate Republicans are denying the Democratic caucus that ability with their blanket refusal to consider nominees.

"The Regional Greenhouse Gas Initiative (RGGI) is an important issue that is separate and warrants debate on its own merits - which, again, are separate and distinct from the PUC's daily business.

"The PUC should not be held hostage in a political war the Republicans want to wage with Governor Wolf, and I would ask the Senate Republicans to reconsider their position."

PennFuture President and CEO Jacquelyn Bonomo issued this statement on the Senate Republican letter-- “There is no debate: Pennsylvania’s leaders must do everything in their power to fight the climate crisis and lower our carbon pollution immediately. While a suite of aggressive policies and investments are needed, Gov. Wolf is advancing an important effort by partnering with the Regional Greenhouse Gas Initiative (RGGI).

“It’s unfortunate that a contingent of state lawmakers oppose RGGI at all costs, but these anti-environmentalists have sunk to a new low by holding hostage Gov. Wolf’s nomination of Hayley Book to the Public Utility Commission—and all future nominees after her—because of it. These lawmakers are out of touch with the majority of Pennsylvanians who want immediate action on climate issues.

"Furthermore, the Commission has wide-ranging responsibilities that ensure that many of the services Pennsylvanians rely on every day are safe, reliable, and affordable. It is unconscionable that any elected official would choose to jeopardize that mission. This is brinkmanship at its worst and these lawmakers should be held accountable.”

For more information on the RGGI proposal, visit DEP’s Regional Greenhouse Gas Initiative webpage.

NewsClips:

Laura Legere: PA Senate Republicans Block Utility Commission Appointments To Protest Wolf’s Climate Change Rule

Andrew Maykuth: PA Senate Republicans Threaten To Block PUC Appointments Over Wolf Climate Program [RGGI]

NBCNews: United Mine Workers Of America Union Leadership Endorses Biden Energy Policies In Exchange For Robust Transition Strategy

NYT: United Mine Workers Indicates It Will Accept Switch To Renewable Energy In Exchange For Jobs

AP: Miners’ Union Backs Shift From Coal In Exchange For Jobs

United Mine Workers Of American Transition Initiative

Related Articles This Week:

-- Senate Committee Meets April 27 To Consider Bills To Kill Regulations By Doing Nothing, Repeal Regs Because They Have Too Many Words, Shield Law Breakers, And More

Related Articles - Senate RGGI Actions:

-- Gov. Wolf Issues Executive Order Directing DEP To Join Regional Initiative To Limit Greenhouse Gas Emissions From Power Plants [October 2019]