Reminisces

By Branko Terzic

Public hearings are among the most interesting aspects of being a commissioner on a state public utility/service commission. Public witnesses often provided useful information not readily available in other formats such as pointing out billing anomalies, service faults, or communication issues arising from poor utility or sometimes commission reports and documents.

However, these hearings frequently can contain surprises. At the State of Wisconsin Public Service Commission (WPSC) in the 1980’s, for the major electric, natural gas and telephone rate cases, the hearings were generally held with all three Commissioners present and sometimes with a Hearing Examiner.

In smaller cases a Hearing Examiner would preside, and the commissioners would later review the transcript. In most cases the system worked.

There was one period, however, during my six-year tenure on the PSC when it was decided, due to budget constraints, that hearings outside the state capitol would be conducted by the individual commissioners rather than incur the expense of travel of the hearing examiners. This was fine when the Commissioners were attorneys and familiar with administrative law and less conformable for myself, a graduate engineer.  I mentioned that to the Chairman and his response was “Don’t worry there will be lawyers in the room who will help you!? 

So off I went to a small town to hold a hearing as a “hearing examiner” on a small utility rate case. The first few witnesses went well enough. As Hearing Examiner I explained to the people in the audience that I will ask each witness to repeat an oath, to give their name and address, and begin their statement. I would remind them that as witnesses they should speak clearly and at a steady rate so their statement could be accurately recorded by the court reporter.  

The third or so witness came forward, was sworn in, gave her name and address and pulled a small cassette tape recorder out of her purse. As she hit the “play button” I stopped her and asked what she was doing.  

“Oh” she replied, “My friend wanted to be here to testify but got sick, so she taped her testimony and asked me to deliver it to you.” 

I looked over at the two tables where the attorneys for the various sides were seated for help. No one was looking my way. One lawyer was tying his shoelace, and another had her briefing book in front of her face apparently. No help there. What was I supposed to do with a tape-recorded statement? I was on my own.  

“Well, Miss” I said “Do you agree with everything your friend has said in this tape? 

“Yes, I do!” She replied enthusiastically. 

“Ok” I paused for a moment “Would you adopt this as your own statement to the commission?” 

“Yes!” she replied again. 

As an idea formed in my mind I said “Good! We’ll just treat this as your testimony as if you were reading from a prepared statement.” At the end I said, “Thank you and next witness!” 

I then smiled over at the lawyer's table as they all smiled back. 

At a similar small-town hearing before all Commissioners, before the opening, I walked around the municipal hall where the hearing was being held. The room was packed with elderly citizens all in good humor and clearly enjoying the outing. After taking our seats at the head table we called for the first witness. 

An elderly gentleman stepped forward, took a seat in the witness chair, was sworn in and proceeded to read from a prepared text. As I remember he had trouble reading his statement which was a somewhat technical criticism of utility ratemaking and the specifics of the rate case at issue. 

The current WPSC “Guide to Public Hearings” includes the following information to prospective public witnesses: 

You may be asked questions to help make your testimony more clear. If you do not know the answers, just say so. No one will grill you on your testimony. 

That was the case in the 1980’s as well. 

Out of curiosity, however, I asked “Did you prepare the statement yourself?" 

“No!” He replied looking somewhat relieved, “That guy in the back of the room [pointing to a younger fellow who looked very embarrassed] gave it to me this morning and asked me to read it. When they picked us up, they said we would get a free lunch!” 

As the audience was laughing, I looked over at the Chairman, who just shrugged his shoulders. Of course, we let the witness read “his” statement. We then called for the next witness. 

Finally, during that same period, WPSC Chairman Ness Flores and I were assigned to a hearing in far northern Wisconsin. Ness had been a distinguished and popular circuit court judge before appointment to the WPSC. Of medium height and swarthy with a full beard, Ness had moved as a child to Wisconsin from Brownsville Texas with his parents. I was in my 30’s at that time, still had full head of dark brown hair with my Mediterranean complexion. 

The two of us got to the small city hall, which was to be our hearing room, and we found it empty with no seating in place. We found some folding chairs and proceeded to set them up in rows for the hearing attendees. We also set up three tables. One was for the commissioners and witness and two for the lawyers representing the parties to the rate case. 

That part of Wisconsin had been settled by Finns, Norwegians, Swedes and other northern Europeans.  So, it was no surprise when three pale, elderly but elegant blonde and silver haired ladies came in and sat down in the first row as Ness and I were setting up chairs for the back rows. As I walked to the front of the room, I heard one of the ladies' remarks to her friends, “Isn’t it nice that the mayor sent these two Italian boys to set up the room?” 

Clearly, ethnic diversity was not a hallmark of that town. I tried not to laugh out loud. But I did smile at them later when Ness and I sat down at the head table with our “Chairman” and “Commissioner” name plates in front of us. Their faces responded with a combination of bemusement and surprise. It was a priceless moment. 

To this day, Ness and I exchange holiday greetings “From one Italian boy to the other”