D.C. Attorney General Irvin B. Nathan took unprecedented action last week, establishing a “special expert committee” to offer an opinion about recusal issues surrounding Elizabeth Noel’s nomination to the Public Service Commission. But four months ago, he covered this same terrain. That has many folks asking why the need for the panel, which includes Patricia Worthy, Agnes A. Yates and Thomas D. Morgan.
“The time for executive vetting of nominations is before the nominations are sent to the council,” agreed Ward 4 Councilwoman Muriel Bowser. “The [Public Services and Consumer Affairs Committee] is the appropriate venue to consider any questions at this point.”
At-large Councilman Phil Mendelson said he had “never heard of anything like [it]. I don’t know what the value added is in having a committee.”
Noel’s critics, including myself, have argued her nearly 30 years in the Office of the People’s Counsel creates a conflict of interest with her proposed position on the Public Service Commission, which regulates the utilities and telecommunications industry. Noel’s name, as opposing counsel, appears on the majority of current PSC cases. Having her on the commission would likely invite costly litigation and impede the commission’s work. Those concerns have caused her nomination to remain stuck in council committee.
The AG’s special panel appears to be part of Gray’s strategy to win Noel’s confirmation. In pursuit of that goal, Gray apparently is prepared to override the AG.
Nathan declined to comment.
The administration also has snubbed current PSC Chairman Betty Ann Kane — although she has extensive regulatory experience, is president of the Mid-Atlantic Conference of Regulatory Utilities Commissioners and a former city council member.
Gray said he was “pleased” the AG had appointed a group of “knowledgeable and respected” individuals who would “take a fresh look at this matter.”
Committee Chairperson Yvette Alexander told me, to advance Noel’s nomination, she might present a resolution to force a full council up-or-down vote.
But Wilson Building sources said the AG’s Aug. 9 opinion would be an obstacle to that approach; in it, Nathan wrote, “Permitting Ms. Noel to adjudicate cases that she brought as an attorney, in my opinion, would undermine public confidence in the decision-making of the PSC.”
Mayoral sources said Gray didn’t mandate the special panel; he told the AG he wanted “definitive advice.” Despite that claim, it appears the mayor took a direct interest in the matter, as did Ward 3 Councilwoman Mary Cheh.
She told me that, during a conversation with Gray about several matters, he indicated he intended to involve Worthy, a former PSC chairwoman. Coincidentally, Cheh had asked Worthy to testify at Noel’s confirmation hearing. She didn’t, but submitted instead answers to questions asked by Cheh, which were entered into the public record. Cheh said Gray told her he had seen those answers.
“I don’t think there’s anything sinister about the mayor getting the best information he can,” added Cheh.
Neither mayoral sources nor Cheh could remember how Worthy came onto their radars. But she was a chief of staff to Mayor Sharon Pratt (Kelly), who now serves as a member of Gray’s “kitchen cabinet.”
Worthy will chair the special committee regarding Noel.
Gray has the right to push a nominee’s confirmation. But his current myopic strategy could have the disastrous, long-term effect of undermining the AG’s future authority and influence.
Is Noel worth all that?
Jonetta Rose Barras’s column appears on Monday and Wednesday. She can be reached at [email protected].
