Lawmakers advanced the governor’s nomination of Marissa Gillett for a second term on the Public Utilities Regulatory Authority after a lengthy hearing Thursday, voting 13-8 .
A struck late Wednesday evening cleared the path for Gillett to remain at her post following more than a year of rising tensions between the utilities and their regulators in ǻ.
As part of the deal, Gov. Ned Lamont agreed to fill a pair of vacancies on PURA’s board by appointing a Democratic lawmaker and a former Republican lawmaker, while also acquiescing to legislation removing the regulatory body from under the Department of Energy and Environmental Protection, instead making it a quasi-public agency.
The move effectively removed any remaining obstacles to Gillett’s reappointment among lawmakers sitting on the Executive and Legislative Nominations Committee, and the vote was wrapped up Thursday evening.
In a statement following the vote, Lamont reaffirmed his commitment to Gillett, who he first appointed in 2019.
“Her record of fairness, collaboration and accountability speak for itself,” Lamont said. “While the future makeup and configuration of PURA will be developed legislatively over the coming months, I look forward to her eventual confirmation by the full General Assembly, so that she may continue her great work on behalf of the ratepayers of our state.”
The deal followed several weeks of mounting scrutiny of Gillett’s six-year tenure at the helm of PURA, including filed by the state’s two largest utilities — Eversource and United Illuminating — accusing the chairwoman of bypassing the authority of her fellow commissioners and issuing hundreds of unilateral decisions in cases before regulators.
During Thursday’s hearing, Gillett faced hours of questioning by lawmakers about her management style, her tumultuous relationship with the utilities as well as ǻ’s .
In response to one question about those who have described her as a victim of “,” Gillett paused for several seconds before recounting how she moved her family from Maryland in 2019 to take over an authority that she described as being in need of an overhaul.
In the ensuing years, she said, PURA has increased its staff while recovering and restitution from the utilities, increasing its public education campaigns and shifting toward a performance-based regulation strategy.
“It’s not just my work and integrity that has been questioned here,” Gillett said. “It is the work product of almost 80 staff who have committed their lives to public service. I think moving forward, what you can expect from me is that I will continue what I have done the last several years, which is serving the ratepayers of ǻ to the best of my abilities.”
One of the members of the committee who had previously raised concerns about Gillett’s leadership was state Sen. John Fonfara, D-Hartford, who previously served as chair of a legislative committee overseeing energy policy.
Fonfara is also one of the two new PURA appointees Lamont’s office named as part of Wednesday’s deal. Fonfara ended up voting to advance Gillett’s nomination, along with the rest of the committee’s Democrats.
Because he is a sitting legislator, Fonfara can’t be appointed to a job in the executive branch until his current term ends in 2027. That restriction would be removed if PURA is made into a quasi-public agency.
After the hearing, Fonfara walked away from reporters while talking on his cell phone and declined to answer questions other than saying, “It was an informative hearing, I learned a lot.”
Lamont spokesman Rob Blanchard said Fonfara’s interest in being appointed to PURA, as well as his disagreements with Gillett, were public prior to the agreement and his appointment was not made as a condition of getting his vote.
A second vacancy on the board will be filled by Lamont’s appointment of former state Rep. Holly Cheeseman, R-East Lyme, Blanchard said.
The deal sparked a swift backlash from Republicans, who said it had been negotiated in secret to benefit Gillett and the two appointees, at the expense of the state’s ratepayers.
“Frankly, in my ten years in the legislature, there’s few days where I’ve been angrier and more upset about the process and how we ultimately got here today and how things were negotiated in dark rooms,” said Senate Republican Leader Stephen Harding, R-Brookfield. He later said that Republicans had not been included in the final discussions over the deal.
Gillett responded to Harding by saying that she had no hand in the negotiations, other than sharing her opinion with the governor that she was willing to accept PURA becoming a quasi-public agency.
Proposals to separate PURA from DEEP have been raised by Democrats and Republicans alike dating back several years. But separating the regulatory body out from the executive branch altogether is a complex task and it’s likely to generate pushback from lawmakers and environmental advocates who have championed Gillett’s work at PURA.
“It’s not a light switch, it’s going to involve some pretty complex legislation,” Blanchard said.
Other examples of include the ǻ Port and Airport Authorities, the Housing Finance Authority and the Lottery Corporation.
Charles Rothenberger, a climate and energy attorney for the Save the Sound, said Thursday that he was skeptical over the agreement to make PURA a quasi-public despite his support for Gillett’s reappointment.
“My understanding is that [quasi-publics] are really designed to work more like businesses, and I don’t think that’s the role or the way that PURA operates,” Rothenberger said. “So it seems like it would not be a good fit.”
Lamont has also expressed skepticism over such a plan as recently as last week, telling reporters that people generally have a dim view of quasi-publics. “They’re sort of unregulated moons floating around the planet somewhere,” he said.
“We look forward to working with the state to support the state’s affordability goals without sacrificing the service reliability that ǻ’s homes and businesses rely on,” she added.
A spokesperson for United Illuminating declined to comment immediately on the deal Thursday.
Gillett’s current nomination is for another four-year term as one of five commissioners on PURA. Separately, Gillett’s two-year term as chair is due to expire in July.
If both Fonfara and Cheeseman are confirmed, the board will have a composition of two former Democratic lawmakers, two former Republican lawmakers and Gillett, who is an attorney and former staffer at the Maryland Public Service Commission.
Asked if he foresaw any difficulty getting the legislation to move PURA passed by the legislature’s Democratic majorities, Senate Majority Leader Bob Duff, D-Norwalk, said he had yet to see the details of the proposal. He added that he expects it to be debated during this year’s legislative session.
In a statement Thursday, Eversource spokesperson Jamie Ratliff said the changes announced by the deal “provide a pathway for a constructive, predictable and transparent regulatory environment that benefits customers through investment and a focus on reliability.”