By Amanda Durish Cook
Former Public Utilities Commission of Ohio Chairman Andre Porter is crossing state lines to become MISO’s general counsel.
He will replace Stephen Kozey, who will continue in his other roles overseeing compliance services and serving as secretary to the board. Kozey, the RTO’s first general counsel, will be able to devote more time to remaining responsibilities and advise Porter as he takes on the role, according to MISO.
Porter will begin work at MISO’s Carmel, Ind., headquarters on June 27.
Porter said he did not seek nor consider positions with other RTOs. “MISO is the only place for me. It’s the opportunity of a lifetime … and an exciting one.”
MISO spokesperson Andy Schonert said bringing Porter into MISO involved an “ongoing conversation” between Porter and the RTO, while Porter said he was able to develop a longstanding relationship with MISO from his work in PJM. “I’ve always followed MISO and admired MISO’s transparency. I’m hopeful that I can add to what is already a spectacular team,” he said.
MISO CEO John Bear said Porter’s expertise is “a great match” for the RTO.
“Andre’s background spans a broad spectrum of the energy industry, and he has extensive experience working with commissions and FERC,” Bear said.
Porter holds a bachelor’s degree in political science from Capital University and a law degree from The Ohio State University Moritz College of Law.
Porter worked as an energy, public utilities and real estate taxation attorney before serving as a PUCO commissioner from 2011–2013.
Before returning to PUCO as chairman, Porter led the Ohio Department of Commerce.
Porter resigned from PUCO late last month, just over a year after taking the position and less than a month after PUCO unanimously approved controversial, eight-year power purchase agreements for FirstEnergy and American Electric Power. Porter’s term wasn’t slated to expire until April 2020. (See PUCO’s Porter Submits Resignation.)
The PPAs guarantee the utilities’ merchant generators receive revenue streams above current market prices to shield them from cheaper natural gas generation. The companies asked PUCO to cancel the agreements after FERC ruled that they would need to be reviewed under the commission’s affiliate abuse test. (See PUCO Grants FirstEnergy Rehearing on PPA; Opponents File Protests.) FERC said last month that in spite of Ohio’s retail choice law, the companies’ ratepayers were effectively “captive” customers because the PPAs impose non-bypassable distribution charges.
Critics contend the PPAs, which weren’t subject to competition, could impose billions in extra costs on consumers and equate to coal bailouts. FirstEnergy and AEP maintain the PPAs are essential in keeping their struggling Ohio coal plants operational, and AEP CEO Nick Akins said the company intends to lobby Ohio legislators to reregulate the deregulated Ohio power market or sell all its generation in the state before it consents to submitting its PPA for FERC review.
Porter declined to say whether he was brought back to PUCO to complete the AEP/FirstEnergy agreements.
“I came back to the commission because there were challenges, and I’m the kind of guy that seeks out challenges. It was just really about coming back to a place where I could help. I certainly appreciated my time working with the utilities of Ohio.”
Porter also declined to answer questions on what he thought of the status of the deals now and if AEP could run a successful bid for reregulation in Ohio, citing FERC’s ongoing review and his new commitment to MISO.
“Right now I’m squarely focused on MISO,” Porter said.
Gov. John Kasich named PUCO Vice Chair Asim Haque to replace Porter, making Haque the fourth PUCO chairman in four years.
“I enjoyed my time at PUCO, and I’m forever grateful to Gov. Kasich for the opportunity. I think my successor, Mr. Haque, is more than capable; he’s going to lead with clarity, and the state of Ohio will be well served,” Porter said.
