Dandekar choice is good politics

By The Des Moines Register

----

Give Gov. Terry Branstad credit for a deft political move in appointing state Sen. Swati Dandekar to the Iowa Utilities Board. That would break the Democratic Party's control of the Iowa Senate if a Republican is elected to replace the Marion woman. And that opens the door to votes on key Republican issues that have been blocked by Democrats.

The appointment was good politics, maybe, but it was not necessarily good for the Iowa Utilities Board.

Many Iowans may have little or no idea of what the Utilities Board does, but its work can and does affect their lives. Unlike many state boards and commissions that serve only an advisory capacity, the three-member Utilities Board is a full-time, quasi-judicial body that makes final decisions in a variety of regulatory matters. It has authority over rates and regulation of electric and natural-gas utilities and land-line telecommunications. It approves construction of new electric-generating plants. It grants franchises for electric transmission lines. It supervises intrastate pipelines. It handles consumer complaints and enforces safety and engineering standards. And more.

Decisions by the Utilities Board directly affect industries doing billions of dollars worth of business in Iowa. Cases before the board are argued much like court cases, with testimony and documents from lawyers and experts representing the board staff, utilities and the Iowa attorney general's Office of Consumer Advocate.

State law does not set qualifications for board appointments, except they cannot be persons “in the employ of any common carrier or other public utility, or owning any bonds, stock or property in any railroad company or other public utility.” No more than two members can be from the same political party. The governor makes the appointments, including naming the board chair, and appointments are subject to confirmation by the Iowa Senate.

Traditionally, the board has been made up in part or entirely of lawyers because of the highly technical and legal issues involved. Over the past 13 years, 11 of 14 board members have been lawyers. With Dandekar's appointment to fill an opening created with the resignation of board member Rob Berntsen, a Democrat, there will be no lawyers on the board. In fact, with Dandekar's appointment, all three board members are former state legislators with little or no background or education dealing with utility regulation.

Although the opening on the board was not publicly advertised when Berntsen resigned, 17 people applied, including lawyers. Dandekar did not apply for the position.

Branstad's spokesman said, “the governor decided on the qualifications and profile he wanted to fill that position and then sought her out, just like he did with our department heads and agency directors. That is the governor's management style: He determines the qualifications that are needed and then seeks individuals for important roles within his administration.”

The trouble with that explanation is this was a board appointment, not a member of the governor's administrative team. Still, it is unlikely the Democrats would vote against confirming one of their own, which no doubt figured into Branstad's political calculations.

Appointments to the Iowa Utilities Board should not be based on political calculations. They should be based on an assessment of which person would bring strengths and expertise most needed on the board.

Dandekar's selection raises questions about why her. She has an undergraduate degree in biology and chemistry and a post-graduate diploma in dietetics - an unusual background for a utility regulator. She brings the perspective of a former legislator with a resume of public service. But that perspective is already well represented by the other two members.

Dandekar clearly was more useful to Branstad and Republicans out of the Senate than on the Utilities Board. That is the wrong standard for choosing appointees for any state board or commission, especially one as important as the Utilities Board.