The push to replace Rochester Gas & Electric with a public utility moves next to the Monroe County Legislature.
But it likely ends there.
Advocates say county lawmakers are the “ultimate authority" on whether to join Rochester in funding a feasibility study. But they have a mathematical problem.
Legislature President Sabrina Lamar, D-Rochester, is in favor, and would provide Democrats with a simple majority if the rest of her party was on board. They aren’t.
“We currently do not have enough votes for it to pass,” she said. “And if it's submitted, and it doesn't pass, then we can't bring it back up.”
Lamar has otherwise caucused with the Republicans, giving them the majority. GOP members are opposed to funding a study. So is County Executive Adam Bello. Given that, some lawmakers don’t see the point of crafting legislation that, even if it could win the majority, would not survive a veto.
“There’s currently no interest to do those negotiations,” said Legislator Albert Blankley, D-Rochester, describing Bello’s position as straightforward and unequivocal. “How much are we willing to throw in on this?”
Bello has not committed to a veto but has said the study is unwarranted because a public takeover of RG&E is cost-prohibitive on its face.
Metro Justice, a local advocacy group, has led the public utility charge, going so far as to draft study questions and demand a role in helping oversee the study process. Such involvement could pose further obstacles as the county administration has deemed it illegal or at least breaking with current practice.
“None of that adds up,” said Steve Brew, the Republican majority leader in the Legislature. “And, you know, I’m not sure of the vote outcome. I don't believe it would pass the Legislature. I think there's enough votes to support the Republican caucus, you know, to block this.”
Listen: Should RG&E become a public utility?
The push for a public utility comes as RG&E and New York State Electric & Gas have struggled with billing and basic customer service, and are seeking rate increases.
A joint agreement between the utility and the state Public Service Commission allows for a rate hike along with some concessions in penalties and other added measures – some at shareholder expense – to improve customer service.
Rochester City Council last week authorized $500,000 for a study that would look at a public utility and other potential measures to improve service. That is not nearly enough funding for such an undertaking. Estimates are that Monroe County would need to contribute $1 million.
The city made the approval contingent on Monroe County joining, funding and leading the study, along with other potential partners. But it would seem unlikely any surrounding county or municipality would sign on if the county does not.
“If there gets to a point where it feels like OK … there are no other partners in government who want to participate, then, you know, there's the opportunity for us to potentially consider some other things,” said City Councilmember Mitch Gruber.
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“You're going to ask me what those other things are. I don't know,” he continued. “Because we're approaching this sequentially. The first question, right now, it's about whether or not we have partners in government who want to conduct a feasibility study.”
Gruber and City Council President Miguel Meléndez also say this is about sending a message. And not to RG&E.
“For me personally, it feels like the entity responsible for this work, the PSC, has ignored it,” Gruber said, contrasting the lack of clear action in Rochester with a more strident approach to the billing issues and other shortcomings of Poughkeepsie-based Central Hudson Gas & Electric.
“Why don't they respond to a mayor and the City Council who are asking in unison, to say please help us solve what is a very big problem for our constituents?” he continued. “Meanwhile, in Albany, they're doing just that. ... We have a regular regulatory body that seems to be ignoring our questions and our pleas. We need to figure out somehow, some way, how we can continue to put the pressure on."
In a statement, a PSC spokesman said the rate case and separate but related investigation into billing issues has been a months-long, “detailed, top-to-bottom review of RG&E, its finances, and its customer service procedures.”
That has generated more than 4,000 comments, the statement continued: “As part of the thorough review, all comments are closely considered and no comments received by the PSC are ignored. Members of the public and public officials are strongly encouraged to continue submitting their comments, which are accepted up to a final commission decision.”
An evidentiary hearing in the rate case is set for July 17, with a decision expected later this year.
