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Proposed legislative rule change undermines constitution, invites corruption – Daily Montanan [1]

['More From Author', 'December', 'Richard Parks']

Date: 2022-12-27  

In the early 1970s, something revolutionary happened. Everyday Montanans stood up, demanding a new constitution with expanded rights and freedoms. One-hundred delegates from across the state – democratically chosen by their communities – gathered in Helena to draft a document admired the world over as a model for citizen democracy.

One thing they all had in common: None of them were politicians. They shared a vision to re-center power in the hands of the people instead of the corrupt Copper Kings and the compromised legislators who did their corporate bidding. One of the most important anti-corruption safeguards developed by the citizen drafters of our Constitution was the creation of the Montana Consumer Counsel.

The role of the Consumer Counsel is to represent the interests of “We the People” – Montana consumers – in legislation and proceedings that involve energy policy. The framers of our Constitution understood that powerful corporations could easily curry favor with politicians, enticing them to draft laws that ensure big profits, sweetheart deals, and other means of picking our pockets to benefit boardroom fat cats. A vital function of the Consumer Counsel is to monitor proposed legislation and participate in the legislative process, acting as a watchdog against cronyism and crooked deals. But, it seems some legislators are tired of having their crooked deals scrutinized by the public’s advocate.

Sen. Steve Fitzpatrick of Great Falls – the son of former NorthWestern Energy chief lobbyist John Fitzpatrick – has proposed a rule for the 2023 legislative session to silence the Counsel and undermine our Constitutional protections. Fitzpatrick’s rule would ban the Counsel from taking a position on bills unless legislators in charge of the Counsel’s budget allow the office to speak. The rule basically says “We’ll decide when and if to let you, Consumer Counsel, stand guard against any of our bad ideas or corrupt acts.”

It’s an insult to our Constitution, to Montana energy customers, and an insult to our intelligence. It’s also not surprising coming from Fitizpatrick.

Last session, Fitzpatrick drafted a bill widely criticized by people of all political persuasions as one of the worst bills ever introduced in the Montana legislature. It was Senate Bill 379 – a corporate bailout boondoggle for NorthWestern – which tried to put energy customers on the hook for up to $1.9 billion dollars of maintenance and operation costs for an aging NorthWestern power plant. In a stunning display of either graft or incompetence, Fitzpatrick’s SB 379 would not even have required NorthWestern to continue providing power after forcing its customers to pay for massive repairs and maintenance to the corporation’s property. The bill was unanimously opposed by the all-Republican Public Service Commission. It failed in embarrassing fashion.

Fitzpatrick tried to push through a similar NorthWestern bailout bill in 2019, too. In both cases, the Consumer Counsel warned about the costs to customers, noting how the legislation would greatly benefit NorthWestern at the grave expense of consumer interests.

One can only guess that Fitizpatrick has another scheme ready for 2023 that lines the pockets of his dad’s old corporate employer, already lavishly subsidized with guaranteed monopoly profits. But this time, he doesn’t want our Consumer Counsel keeping watch.

Believe it or not, Fitzpatrick’s “keep the public in the dark” rule was approved for consideration this month. On the first day of the 2023 session, the rule will go to a vote in each chamber. We can’t let down an earlier generation of Montanans who wrote and ratified our Constitution fifty years ago with protections that ensure “We the People” have a strong voice in legislative decisions.

Contact all legislators today and tell them to vote against any rule that undermines the voice of our Consumer Counsel. Better yet, tell them to create a rule that would disallow legislation affecting captive customers of NorthWestern (or any monopoly utility) to advance from committee without the Consumer Counsel’s analysis of the consequences.

Richard Parks is a fishing outfitter and sporting goods store owner in Gardiner and a member of Northern Plains Resource Council, a conservation and family agriculture organization.

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[1] Url: https://dailymontanan.com/2022/12/27/proposed-legislative-rule-change-undermines-constitution-invites-corruption/

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