A key senator said Thursday that Gov. Rod Blagojevich should consider withdrawing the nomination of an ardent consumer advocate to be chairman of the Illinois Commerce Commission, but the governor pledged his support in the face of opposition from utility companies and others.
Longtime consumer watchdog Martin Cohen has drawn fire from business leaders and raised questions among some senators since his controversial nomination last month, prompting the leading Democrat on the Senate’s Appointments Committee to suggest a move similar to the withdrawal of President Bush’s U.S. Supreme Court nominee.
“It might be a Harriet Miers kind of situation with Marty Cohen. I don’t know,” said Sen. Rickey Hendon, co-chairman of the chamber’s Executive Appointments Committee. Though he isn’t personally opposed to Cohen, Hendon said, such a maneuver “might not be a bad ending to this thing.”
“Being a fan of the governor, and a strong supporter of the governor, I don’t like to see any situation that might cause him any Maalox moments,” Hendon said. “That might be the way to go to avoid any kind of a problem.”
Blagojevich acknowledged his administration has “some work to do to convince some who have raised some issues.” He said he intends to keep pushing for Cohen’s appointment.
“We expected that, and we’re working through it,” Blagojevich said.
The governor appointed Cohen after ousting the previous chairman, viewed by some as too cozy with representatives of utility companies. Cohen, a longtime advocate with the Citizens Utility Board, likely would bring a markedly different perspective to the panel.
On Thursday, Blagojevich said that’s exactly what he had in mind.
“What we need is a consumer advocate to make sure that, when the big, powerful utility companies are going to seek rate increases … that you have a consumer advocate in there asking all the right questions and protecting the interests of the consumers,” said Blagojevich.
For some senators, that’s a drawback. The question is whether Cohen can be fair-minded, because he has taken positions on so many issues before the commission, said Sen. Kirk Dillard (R-Hinsdale).
“It’s one thing for Marty Cohen to be a regular member of the [commission] but wholly another to be its chairman, who must be open-minded and impartial,” Dillard said.
Sen. Mike Jacobs (D-Moline), another committee member, echoed the sentiment.
“There’s concern that appointing the president of CUB to the Illinois Commerce Commission would be similar to appointing the head of ComEd to the head of the [commission],” Jacobs said.
“You wonder how he can transform himself from one to another,” said Sen. Lou Viverito (D-Burbank), who also is on the oversight panel. But “unless they can prove there’s a conflict of interest or something, then I don’t think there will be a problem.”
Union leaders said they back the nomination despite past differences with Cohen. Margaret Blackshere, president of the Illinois AFL-CIO, acknowledged concerns over past battles between utility unions with the Citizens Utility Board.
“I think it’s time to look at the whole picture,” she said. “We expect him to be fair and reasonable. I think he will be.”
But business groups were worried.
“We don’t think Marty ought to be confirmed as chairman of the Illinois Commerce Commission,” said Douglas Whitley, president and CEO of the Illinois Chamber of Commerce. “If the governor had named a utility executive chairman, Marty would have been the first to complain about the conflict.”
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