November 4, 2005

Section: Business

Page: 1B, 4B

Senate rejects nominee for ICC

Aaron Chambers Register Star Springfield Bureau

Rockford Register Star

SPRINGFIELD -- State lawmakers on Thursday resoundingly rejected Gov. Rod Blagojevich's choice of Martin Cohen, a consumer advocate, to head the commission regulating utilities and telecommunications companies.

The Senate provided just 28 votes for the confirmation of Cohen as chairman of the Illinois Commerce Commission -- two votes shy of approval. But displeasure with the governor's nomination clearly ran deeper than the 22 votes lodged against Cohen.

"Marty Cohen is not the only talent in this town," bellowed Sen. Rickey Hendon, a Chicago Democrat who chairs a committee that, earlier Thursday, voted 7-0 against the nomination.

Hendon said his opposition was meant as a message to Blagojevich, a fellow Democrat who failed to consult with him before advancing Cohen's name.

"Rod Blagojevich," Hendon shouted on the Senate floor, "get your act together!"

The Senate voted as the ICC contemplates how the utility industry should be structured once it's fully deregulated at the end of 2006. Commonwealth Edison and Ameren, the state's largest power retailers, want to buy power through auctions like those used in New Jersey. Consumer advocates fear that the use of auctions will coincide with power rate increases of 20 percent or more.

Blagojevich spokeswoman Abby Ottenhoff said the governor remained committed to seating a consumer advocate as head of the commission. As to Cohen, she added: "We followed the appointment process as we do in every case."

Other opponents complained that Cohen, former executive director of the Citizens Utility Board, could not be trusted to be impartial in cases concerning utilities, even though he pledged to recuse himself from certain cases pitting CUB against those interests.

"His background puts him in a position that he's all for one side -- the consumer side -- and I think the chairman has to be more of a neutral person that would take into consideration the perspective of the utility company and the ratepayer," said Sen. Todd Sieben, a Geneseo Republican who represents western Winnebago County.

Cohen, who doesn't plan to return to CUB, said the opposition clearly was motivated by massive campaign contributions from utilities.

"I've done nothing but serve the public interest in Illinois for 20 years," he said. "And I don't need to be dragged through the mud by people who have been lavished with gifts, favors and money by utility companies."

Utilities contributed more than $1.3 million to the campaign funds of Illinois policymakers and candidates since the beginning of 2003, according to a report published in October by the Illinois Campaign for Political Reform, a nonpartisan government watchdog.

The report said Senate President Emil Jones Jr., D-Chicago, took $219,400 of that money, making him the top recipient. It said ComEd parent company Exelon, together with its subsidiaries, lead the donors with $535,400 in contributions.

"No contributions that I receive impact the decisions that I make here," Jones said after the Senate panel rejected Cohen.

ComEd spokeswoman Judy Rader added: "That kind of suggestion is baseless and a disservice to our elected officials in Illinois."

Contact:achambers@gannett.com;217-782-2959

ICC to rule on auction

At the end of 2006, Illinois is scheduled to fully deregulate its power market, and the ICC is considering how to structure that market landscape. Commonwealth Edison and Ameren, the state's largest power retailers, want to buy power through auctions like those used in New Jersey. But consumer advocates fear that the use of auctions will coincide with power rate increases of 20 percent or more.

The ICC could soon rule on the proposal.

-- By Aaron Chambers

LOCAL VOICES

"The concern that was raised about making sure that people on the board are impartial is a concern, regardless of which way you are on the issue. But I believe that he can be impartial and he can do what's best for the consumer as well as what's best for the longevity of keeping the utility companies viable in Illinois so we don't end up with a California-style system that will fail."

Sen. Dave Syverson, R-Rockford, who voted for Cohen

"His background puts him in a position that he's all for one side -- the consumer side -- and I think the chairman has to be more of a neutral person that would take into consideration the perspective of the utility company and the ratepayer. With his background, he's so vested in the consumer advocacy portion that he could not really serve. You don't want the chairman to have to recuse himself from numerous decisions."

Sen. Todd Sieben, R-Geneseo, who voted against Cohen

"I think that because of his background, because of his connections, his strong affiliation with CUB, because he has been involved in so many court cases from their perspective, some of which are still before the (ICC) or in the court system, I think that he is probably not the right person for this job."

Sen. Brad Burzynski, R-Clare, who said he accidentally voted for Cohen but intended to vote against him