Editorial: CURB detour

The laudable mission of a state utility consumer agency is being derailed.

The board created by Kansas statute to ensure consumers are represented in utility rate cases has created a situation that, at least temporarily, makes it impossible to accomplish that charge.

On Monday, members of the Citizens’ Utility Ratepayer Board fired the board’s acting consumer counsel, Niki Christopher, a 15-year staff member who had taken that role after long-term counsel David Springe resigned in December to take another job. Christopher was the only remaining attorney on the small CURB staff, so the agency, which is charged with representing residential and small business customers, now is without legal counsel.

What does that mean to Kansas utility consumers? Well, in the short term it means they won’t have legal representation in about two dozen cases currently pending before the Kansas Corporation Commission. Christopher has notified the KCC that she was withdrawing as counsel for CURB in those cases.

Although members of CURB say they are in the process of hiring a new permanent counsel, it’s unlikely Christopher’s replacement could be hired quickly enough to get up to speed and provide meaningful input on the pending cases. Given the disagreements that apparently led to Christopher’s dismissal, it’s unclear exactly what role the CURB members, who are appointed by the governor, envision for their new counsel.

In December, the board forbade Christopher from speaking to the media or legislative committees about consumer issues — a role that previously had been a primary function of the job. Board members also discussed significant changes in CURB’s focus. Their actions drew the attention of a couple of state legislators who introduced a bill last week designed to keep the board from shifting its focus away from representing consumers in rate cases and before the Legislature. The bill also would have nullified the board’s order prohibiting Christopher from speaking to news reporters and legislators on its behalf.

An email from Christopher regarding the legislation apparently rubbed commissioners the wrong way. Although the email has not been made public, CURB Chairwoman Ellen Janoski criticized its content during a teleconference meeting on Monday, saying “Making demands that we allow you to talk to whoever and that basically you said ‘I told you so,” is absolutely upsetting to me,” Janoski said. Christopher subsequently was asked to resign and, when she refused, was fired.

One of the sponsors of the legislation in question said CURB’s dismissal of Christopher was part of a politically motivated effort to reduce CURB’s intended role as an advocate for consumers. Janoski called the bill “ridiculous.”

Since its creation in 1988, CURB has done a good job of representing consumers’ interest and contributing to fair compromises with utility companies in the state. It’s unfortunate that, for whatever reason, its laudable mission apparently has been dragged into the state’s contentious political arena.