Pueblo Chieftain: Ending an impasse
Like a practical joke carried a little too far, the stalemate over an appointment to the Colorado Public Utilities Commission has gone on long enough.
A couple of months ago, Gov. Jared Polis appointed Denver lawyer Susan Perkins to a seat on the three-member PUC, which regulates a variety of industries, including utilities companies. Perkins has spent the last several years working for Pueblo’s Energy Future, a group dedicated to ending Black Hills Energy’s contact to provide electric service in our city.
As we said when the appointment was first announced, this represents a blatant conflict of interests. If Perkins didn’t choose to recuse herself from participating in cases before the PUC involving Black Hills, then the utility company almost certainly would challenge her impartiality in court. And, based on previous legal action the company took against Frances Koncilja, the commissioner Perkins would be replacing, it seems likely that the courts would agree to disqualify Perkins.
An attorney for the nonpartisan Office of Legislative Legal Services reached a similar conclusion.
Senate President Leroy Garcia recognized that, too. The appointment is subject to confirmation by the Senate – and Garcia has refused to bring the matter up for a vote.
It’s not that Garcia doesn’t want Pueblo ratepayers to have someone willing to fight for their interests at the PUC. Clearly, as the senator who represents Pueblo County, he does. But he’s also smart enough to realize that Perkins’ involvement in cases involving Black Hills would taint the process. And that’s not something he’s willing to allow to happen.
Polis could have withdrawn the appointment by now, but he’s apparently developing somewhat of a reputation as a “my way or the highway” guy when it comes to conflicts with the legislative branch of government.
There’s a subtext here that says Polis is giving Puebloans a gift by appointing someone who would be sympathetic to our interests in the capital. But if that’s the goal, why not appoint an actual Puebloan rather than a Denverite who benevolently believes she knows what’s best for us?
There are a couple of ways this could end. If Garcia sticks to his guns, and we sincerely hope he will, then the Senate wouldn’t vote on the appointment during the current legislative session. Polis then could install Perkins as an interim appointee, but when the Legislature went back into session next January, the Senate would have the option of removing her.
If Garcia wanted to play hardball, he could bring the appointment up for a vote. Between Democrats who share his point of view and Republicans who wouldn’t mind humbling the governor on general principle, there might be enough votes to deny Perkins’ confirmation for the seat.
But if he did that, Garcia would be subjecting both Polis and Perkins to potential embarrassment that could be avoided. Knowing Garcia the way we do, we believe he’d rather avoid such a scorched earth scenario if at all possible.
There is yet another possibility. Perkins could read the political tea leaves and withdraw her name from consideration, allowing the governor to save face and clearing the way for a less controversial appointment to be made. If Perkins cares as much for Pueblo’s ratepayers as she claims, we’re wondering if she would be willing to do that.

