October 15, 2009

Discovery of thousands of private PIN messages suggest Commissioner violated oath, law and PSC standards on numerous occasions

TALLAHASSEE – Associated Industries of Florida called on the Inspector General of the Public Service Commission to investigate BlackBerry PIN messages sent and received by Commissioner Nancy Argenziano. An outspoken critic of PIN communications, Argenziano exchanged thousands of private PIN messages about official PSC business and other matters during a two-month period. A review of those messages shows that Argenziano has not upheld her sworn duties with the impartiality and integrity that the PSC’s code of conduct requires.

As a formal intervenor before the Public Service Commission in the rate proceeding of Florida Power & Light Company, AIF is concerned that the future of Florida’s affordable and reliable electrical system will be at risk if conduct unbecoming a commissioner is allowed to corrupt the outcome of the proceeding.

“Private Blackberry PIN messages sent by Commissioner Argenziano present disturbing evidence that she may have violated multiple rules governing the behavior of Public Service Commissioners,” said AIF President and Chief Executive Officer Barney Bishop. “Commissioner Argenziano’s communications reveal a deliberate attempt to alter the outcome of what is supposed to an impartial rate proceeding process. Associated Industries of Florida cannot sit idly by and watch the deterioration of a body that is tasked with making impartial decisions about Florida’s regulated industries based on evidence and information brought before them. We believe the Inspector General of the PSC needs to launch an investigation immediately and proceed with all deliberate speed.”

Upon assuming office, Commissioner Nancy Argenziano took an oath in which she swore to perform her duties in a “professional, independent, objective and nonpartisan manner” and to “abide by the standards of conduct required of me by chapters 112 and 350, Florida Statutes, so help me God” (Section 350.05, Florida Statutes). The content of Argenziano’s private PIN messages makes clear she has not upheld those sworn commitments to the people of Florida.

Argenziano’s reliance on private PIN messages stands in contrast to her formal complaint that such messages from others could violate Florida’s public records laws. In a letter to State Attorney Willie Meggs, which was reported in the St. Petersburg Times on Sept. 12, 2009, Argenziano complained that the failure to implement a PIN-messaging retention policy meant that “the substance of the communication was lost, apparently contrary to the public records law. The alternative technology, e-mailing, is apparently not acceptable because e-mail messages are required to be kept and disclosed.” Argenziano appears to have been unaware that thousands of her own PIN messages had been retained.

Read the PIN Message transcripts.

 Here is a small selection of the messages:

Message #460
-  Asks aides to spy on other Commissioners (LE = Commissioner Lisa Edgar)

------Original Message------
From: Nancy Argenziano
To: Larry Harris
Sent: Jul 14, 2009 10:05 AM
Subject: Re: OPC

When it gets close to commishs making comments I want you and steve to be downstairs and watching faces especially LE and letting me know of rolling of eyes or conversation that take place between commis and staff 

Message #797
- Disparages fellow commissioners (NS = Commissioner Nathan Skop; KM = Commissioner Katrina McMurrian)

------Original Message------
From: Nancy Argenziano
To: Larry Harris
Sent: Jul 17, 2009 9:30 AM
Subject:

NS is a fool to go. KM is a hypocrite 

Messages #2480-2481
- In reference to Commissioner Lisa Edgar

------Original Message------
From: Larry Harris
To: Nancy Argenziano
Sent: Aug 31, 2009 5:54 PM<r>Subject: Re:

Yep. But you're not a mean spirited anorexic bi#*h. And being under suspicion wears you down too.

------Original Message------
From: Nancy Argenziano
To: Larry Harris
Sent: Aug 31, 2009 5:52 PM
Subject: Re:

Ha 

Message #750
- NS = Commissioner Nathan Skop

------Original Message------
From: Nancy Argenziano
To: Larry Harris
Sent: Jul 16, 2009 7:37 PM
Subject: Re:

NS is an idiot 

Messages #835-836
- NS = Commissioner Nathan Skop

------Original Message------
From: Nancy Argenziano
To: Larry Harris
Sent: Jul 17, 2009 4:11 PM
Subject: Re:

What a jerk

------Original Message------
From: Nancy Argenziano
To: Larry Harris
Sent: Jul 17, 2009 4:12 PM
Subject: Re:

NS that is 

Message #1889
- Acknowledges awareness of Governor’s statement opposing FPL rate increase several hours prior to public release

------Original Message------
From: Nancy Argenziano
To: Larry Harris
Sent: Aug 25, 2009 10:30 AM
Subject: Re: Start

I just want others to hear it. Also gov is coming out with statment today re rates 

Messages #1847-1849 & 2114
- Ex parte communication with intervenor FIPUG’s attorney Jon Moyle during FPL rate hearing

------Original Message------
From: Larry Harris
To: Nancy Argenziano
Sent: Aug 25, 2009 8:31 AM
Subject: Moyle

Got a heads-up that moyle plans to question armando this morning about compensation #s - he says it will be confusing w/o the confid exhibit.
I guess we can talk on phone, and I can read #s to you.

------Original Message------
From: Nancy Argenziano
To: Larry Harris
Sent: Aug 25, 2009 8:54 AM
Subject: Re: Moyle

Since we got info so late is there any way to have him defer that questioning until tomorrOw PM?

------Original Message------
From: Larry Harris
To: Nancy Argenziano
Sent: Aug 25, 2009 8:57 AM
Subject: Re: Moyle

I can ask him. The only problem would be deferring armando - general rule is to let everyone ask all the questions pof the witness at the same time, not spread out.

------Original Message------
From: Larry Harris
To: Nancy Argenziano
Sent: Aug 27, 2009 11:02 AM
Subject: Re:

Moyle is asking the questions I just sent you.  

Message #1356
- Scattered throughout are references to sending messages to “gmail” – i.e. personal email, attempting to evade public records laws

------Original Message------
From: Larry Harris
To: Nancy Argenziano
Sent: Aug 11, 2009 2:27 PM
Subject: Re: Letter

Sent something to gmail. You'll want to read it right away.
Staff says to ignore constitutional argument and if fpl wants info confidential, exclude salaries from rates.  

Messages #857-859 & 1350
- Harris attempts to dissuade Argenziano from exposing her lack of impartiality

------Original Message------
From: Larry Harris
To: Nancy Argenziano
Sent: Jul 24, 2009 2:04 PM
Subject: Re:

One thing about your letter. Remember you are prohibited by 350 from commenting on a pending matter and showing bias. You have to be careful here.
You will be voting at the 8/16 agenda on this item - my advice is you are already very close to non-impartiality on this issue. You don't want an ethics complaint.

------Original Message------
From: Larry Harris
To: Nancy Argenziano
Sent: Jul 24, 2009 2:06 PM
Subject: Re:

Yes I will do it. Per my last, I would advise a couple deep breaths here. If a motion to disqualify comes, we don't want too much to support it.

------Original Message------
From: Nancy Argenziano
To: Larry Harris
Sent: Jul 24, 2009 2:08 PM
Subject: Re:

Just hold a min and let me think. I have asked all companies. Not just ones with cases. Don't call booter just yet

------Original Message------
From: Larry Harris
To: Nancy Argenziano
Sent: Aug 11, 2009 1:08 PM
Subject: Letter

Looked at your letter. I am concerned that it could be another example of "bias" against the IOUs (fpl since they are named) and with the rate cases 2 weeks from now, more opportunity for them to commit mischief.

AIF’s Summary of the Issue
“At AIF, we represent businesses across the state of Florida that have a strong interest in preserving affordable and reliable electrical service,” Bishop said. “We are profoundly concerned that Commissioner Argenziano may have violated her oath of office. PSC Commissioners are sworn to perform their duties in accordance with state law and the PSC’s own code of conduct. The IG must investigate now.”