South Carolina General Assembly
117th Session, 2007-2008
Journal of the Senate

Monday, May 12, 2008
(Local Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the ACTING PRESIDENT, Senator LOURIE.

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 1322 (Word version) -- Senators O'Dell and Drummond: A BILL TO AMEND ACT 780 OF 1928, AS AMENDED, RELATING TO THE ABBEVILLE COUNTY MEMORIAL HOSPITAL, SO AS TO CHANGE THE NAME OF THE HOSPITAL TO THE "ABBEVILLE AREA MEDICAL CENTER" AND TO REVISE THE MANNER OF SELECTION OF MEMBERS OF THE HOSPITAL'S BOARD OF TRUSTEES.

By prior motion of Senator O'DELL

S. 1339 (Word version) -- Senators Leatherman and McGill: A BILL TO AMEND ACT 1095 OF 1962, RELATING TO THE LOWER FLORENCE COUNTY HOSPITAL DISTRICT, TO PROVIDE THAT THE DISTRICT SHALL BE COMPRISED OF THAT PORTION OF FLORENCE COUNTY THAT IS SOUTH OF THE LYNCHES RIVER.

By prior motion of Senator McGILL

SECOND READING BILL

The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:

S. 1367 (Word version) -- Senator Elliott: A BILL TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL COMMISSION, ITS MEMBERS, POWERS, AND DUTIES, SO AS TO PROVIDE THAT TERMS OF ALL MEMBERS EXPIRE ON OCTOBER FIRST OF THE YEAR IN WHICH THEIR TERMS EXPIRE.

By prior motion of Senator ELLIOTT

REPORT RECEIVED

STATE REGULATION OF PUBLIC UTILITIES REVIEW COMMITTEE

The Honorable Jeffrey Gossett
Clerk of the Senate
PO Box 142
Columbia, South Carolina 29202

Dear Mr. Gossett:

Enclosed please find a copy of the State Regulation of Public Utilities Review Committee's Report as to the qualifications of candidates for Seats 1, 3, 5 and the At-Large Seat of the South Carolina Public Service Commission.

Sincerely,
Thomas Alexander
Chairman

State Regulation of Public Utilities Review Committee

May 6, 2008
Members of the South Carolina General Assembly
South Carolina State House
Columbia, South Carolina

Dear Fellow Members:

Enclosed is the State Regulation of Public Utilities Review Committee's Report as to Qualifications of Candidates for Seats 1, 3, and 5, and the At-Large Seat of the South Carolina Public Service Commission. The report is designed to assist you in determining how to cast your vote. The Review Committee is charged with the duty to nominate up to three candidates for each seat on the Public Service Commission (Commission). In accordance with this mandate, the Review Committee thoroughly investigated each candidate with respect to his or her suitability for service on the Commission. A transcript of the oral examination of the candidates on April 14, 2008, is appended to this report by reference, as required by law. It may be found on the General Assembly's website: www.scstatehouse.net/html-pages/citizen.html. The Review Committee met May 1, 2008 to consider the qualifications of the candidates. The minutes of the meeting are also available on the website.

The Review Committee's finding that a candidate is qualified and nominated means that the candidate satisfies the constitutional and statutory criteria for service on the Commission and the Review Committee's evaluative criteria. The enclosed report explains the Review Committee's evaluative criteria and details each candidate's qualifications as they relate to the evaluative criteria.

Candidates for the Public Service Commission are prohibited from asking for your commitment until 12:00 noon Thursday, May 8, 2008. Members of the General Assembly are not permitted to issue letters of introduction, announcements of candidacy, or statements detailing a candidate's qualifications on behalf of a candidate, and are not permitted to offer a pledge to vote for a candidate until 12:00 noon on May 8, 2008. If you find a candidate violating the pledging prohibitions or if you have questions about this report, please contact the Review Committee at (803) 212-6625.
Sincerely,
Thomas C. Alexander

Report as to the Qualifications of Candidates
for Seats 1, 3, and 5, and the At-Large Seat of the
South Carolina Public Service Commission

Introduction

Act No. 175 of 2004 created the State Regulation of Public Utilities Review Committee (Review Committee) and charged the Review Committee with, among other duties, the duty to nominate candidates for the members of the South Carolina Public Service Commission (commission). The terms for Seats 1, 3, and 5, and the At-Large Seat will expire June 30, 2008. The Review Committee issued a press release announcing the vacancies on January 18, 2008. The Review Committee received applications from 14 persons, two of whom applied for a numbered seat as well as the at-large seat. One of the applicants withdrew his name from consideration prior to the public hearing.

The Review Committee conducted background investigations of each candidate, including credit, driver's license, and law enforcement checks. It gave a written examination to determine the level of knowledge that each candidate has with respect to substantive public utility issues, ethical constraints applicable to the commission, and the operations of the commission. The Review Committee also obtained records of attendance at commission meetings and hearings for the commissioners. The Review Committee held a public hearing at which all candidates were questioned and given an opportunity to make statements as to their qualifications and desire to serve as a commissioner. A transcript of the oral examination of the candidates on April 14, 2008, is appended to this report by reference, as required by law. It may be found on the General Assembly's website: www.scstatehouse.net/html-pages/citizen.html.

Background

In the Spring of 2002, after reviewing all candidates for the Public Service Commission, the Joint Legislative Screening Committee (2002 Screening Committee) issued a report to the General Assembly finding: (1) the Commission suffered from a lack of strong leadership; (2) the complexity of many of the issues overwhelmed some of the commissioners; and (3) the Commission failed to articulate and adhere to clear standards of due process and ethical behavior and lacked any enforceable prohibition against inappropriate ex parte communications. The 2002 Screening Committee recommended that the General Assembly consider making long-term structural change to the Commission and in the screening process for commissioners.

Soon after the 2002 Screening Committee issued its report, members of the General Assembly requested the Legislative Audit Council (LAC) to conduct an audit of the Commission. The LAC issued a report and made recommendations to the General Assembly to address the following concerns: (1) maintaining due process and ethics; (2) strengthening qualifications of commissioners; (3) staggering terms so that all commissioners would not be elected at the same time; (4) prohibiting not only legislators, but also their immediate family members, from being elected as commissioners for four years after the legislator left the General Assembly; and (5) either splitting the Commission into two separate agencies, one comprised of commissioners and an advisory staff, and the other to be comprised of legal and technical persons to represent the public interest, or have the Commission itself create a permanent staff to advise the Commission, in addition to its technical and legal staff, to prevent ex parte communications from occurring between parties and commissioners and their advisors. Act 175 accomplished all of the changes suggested by the 2002 Screening Committee and the LAC.

In its report to the General Assembly, the 2002 Screening Committee stated that at the next screening it would: (1) insist on candidates having clear financial and credit reports prior to the screening process; (2) place substantial emphasis on a candidate's knowledge of Commission operations and hold incumbents to a higher standard; (3) survey Commission staff and parties appearing before the Commission to determine the strengths and weaknesses of individual commissioners; and (4) consider commissioners' attendance records. The Review Committee considered all of the above items in screening the applicants.

Pursuant to S.C. Code Ann. Section 58-3-530, the annual performance review of commissioners seeking reelection must be made a part of the commissioner's record for consideration if the commissioner seeks reelection. The incumbent commissioners' evaluations are included after the commissioner's summary of qualifications.

Legal Qualifications

Act 175 requires that for terms beginning after June 30, 2006, members of the commission must have the following qualifications:

(1)   a baccalaureate or more advanced degree; and

(2)   a background of substantial duration and an expertise in at least one of the   following areas:

(a) energy;

(b) telecommunications;

(c) consumer protection and advocacy;

(d) water and wastewater;

(e) finance, economics, and statistics;

(f) accounting;

(g) engineering; or

(h) law.

S.C. Code Ann. Section 58-3-530. Incumbent commissioners are not required to meet the above qualifications. Also, the Review Committee may find a candidate qualified even though he does not have a background of substantial duration and an expertise in at least one of the above areas if three-fourths of the Review Committee vote to qualify the candidate.

The Review Committee is also required to consider: "(1) the ability, dedication, compassion, common sense, and integrity of the candidates; and (2) the race and gender of the candidates and other demographic factors to assure nondiscrimination to the greatest extent possible of all segments of the population of the State." S.C. Code Ann. Section 58-3-560. The determination of legal qualifications includes a determination of the candidate's residence in the appropriate Public Service Commission district as established by Section 58-3-20, the candidate's eligibility for election as determined by Section 58-3-24, and the candidate's compliance with constitutional provisions limiting election to those persons eligible to be electors of this State.

General Qualifications

To determine fitness beyond mere legal qualifications, the Review Committee considered each candidate's experience, temperament, compliance with and knowledge of legal and ethical constraints on public service, knowledge of commission operations, demonstrated or potential aptitude for meaningful leadership and/or service at the commission, and demonstrated integrity, including the handling of personal financial affairs. The Review Committee then considered each candidate as a whole and formulated an overall recommendation.

Experience

Act 175 requires that commissioners have a background of substantial duration and an expertise in energy; telecommunications; consumer protection and advocacy; water and wastewater; finance, economics, and statistics; accounting; engineering; or law. The Review Committee considered not only whether a candidate has succeeded in one of these fields but also whether the candidate has the capability of transferring this success and knowledge to the operations of the commission. Although incumbent commissioners are exempted from this requirement, the Review Committee focused on each incumbent commissioner's success as a commissioner and his or her initiative in gaining experience in a variety of ways, including attendance at public utility seminars and workshops, judicial training, and committee work with national and regional organizations. The transcript appended to this report contains each candidate's background and employment history.

Temperament

The Review Committee sought to determine if a candidate's sense of the role he is to fill on the commission is such that his work will be productive, proactive, and protective of the interests of all South Carolinians.

Compliance with and Knowledge of Legal and Ethical Constraints

Act 175 requires that commissioners adhere not only to the State Ethics Act, but also to the Judicial Code of Conduct. The Review Committee believes that not only must the candidates be aware of the legal and ethical constraints, they must have conducted and comported themselves with the highest regard for ethics in their actions.

Potential Aptitude for Meaningful Leadership and/or
Service at the Public Service Commission

Given the history that led to the enactment of Act 175, the Review Committee considered whether a candidate shows an aptitude for service as a commissioner, whether as a leader or a follower, or both. In its May 2002 report on the candidates, the 2002 Screening Committee found that an absence of leadership at the commission led to problems such as prohibited ex parte communications, tension between commissioners and staff, and the lack of a coherent agency vision. The Review Committee believes that the commission should have strong leadership, be working toward common goals, be a positive influence on employees, and ensure that parties and persons appearing before the commission are treated fairly and impartially. The Review Committee therefore sought to gauge each candidate's potential aptitude to serve as a leader and/or as a commissioner supporting the goals and mission of the agency.

Integrity

Candidates must assure the Review Committee that their word is their bond. Particular attention is given to the way candidates have managed their financial affairs.

Substantive Knowledge of Commission Operations

The Review Committee believes that every candidate, whether incumbent or non-incumbent, must be required to demonstrate some basic understanding of the role of the commission and its operations. It would be unfair, however, to require non-incumbents to have accumulated a wealth of knowledge about commission operations specifically, or regulated utilities generally. Unlike incumbent commissioners, challengers have not had the benefit of a compensated opportunity to educate themselves in hearings or through conversations with commission staff. The Review Committee expects that incumbents and others who have substantial experience appearing before the commission should be able to discuss these matters with a greater fluency than those persons who have to date committed themselves to other employment. The Review Committee emphasizes that the substantive knowledge findings contained in this report are a measure of a candidate's knowledge at the time of his candidacy and are not necessarily indicative of a candidate's ability to subsequently master commission operations and the multitude of issues relating thereto.

CANDIDATES FOR SEAT 1

JOHN E. HOWARD

Overall Recommendation:

Mr. Howard was evaluated as being of OUTSTANDING qualification to serve on the Public Service Commission.

Personal Information, Educational Background, and Work Experience:

John E. "Butch" Howard was born in Columbia, South Carolina, in 1941. He is married and has five adult children. Mr. Howard received his Bachelor of Science degree in Business Administration from the University of South Carolina in 1973.

Mr. Howard was elected to the Public Service Commission, Seat 1 in March 2004. He is a member of the National Association of Regulatory Utility Commissioners (NARUC) and the Southeastern Association of Regulatory Utility Commissioners. He has served as co-chairman of NARUC's Committee on Water. Prior to being elected to the commission, Mr. Howard was employed in various sales positions and was part owner of Williams & Howard. Mr. Howard served in the United States Army from 1963 until honorably discharged in 1966.
Test Score:

Mr. Howard received an overall score of 79.
General Qualifications:

Mr. Howard was evaluated to be of ABOVE AVERAGE experience to serve on the commission.

Mr. Howard was evaluated to be of APPROPRIATE temperament to serve on the commission.

Mr. Howard was evaluated to have OUTSTANDING knowledge of and compliance with legal and ethical constraints regarding service on the commission.

Mr. Howard was evaluated as having OUTSTANDING demonstrated or potential aptitude for meaningful leadership and/or service on the commission.

Mr. Howard was evaluated as being ADEQUATE in demonstrated integrity (including the maintenance of personal financial affairs) for service on the commission.

Mr. Howard was evaluated to have OUTSTANDING substantive knowledge of the operations of the commission.

State Regulation of Public Utilities Review Committee
Performance Evaluation

John E. "Butch" Howard
South Carolina Public Service Commission
Seat: First Congressional District
Review Period: January 1 - June 30, 2006

Commissioner Howard was elected to the commission on March 3, 2004. During his short tenure, he has taken advantage of many opportunities to expand his understanding of public utilities issues. Commissioner Howard exhibits a desire to increase his knowledge and skills by attending educational programs. He attended and participated in seminars on Act 175, ethics, the Code of Judicial Conduct, the Energy Policy Act of 2005, telecommunications, and accounting. He is an active member of the National Association of Regulatory Utility Commissioners (NARUC) and the Southeastern Association of Regulatory Utility Commissioners (SEARUC). He is an active member of the NARUC Committee on Water. He was asked to be the program chairman for the Water Committee at NARUC's annual meeting. He also was asked to be a panelist at a meeting of the National Association of Water Companies (NAWC) and was nominated to represent NARUC on the Policy Committee of the American Water Works Association (AWWA). Based on surveys of persons appearing before the commission and commission employees, the subcommittee finds that Commissioner Howard is courteous to all persons appearing before him, is impartial in his treatment of persons appearing before him, and has a positive effect on employee morale. The Review Committee's review revealed no evidence of unethical behavior by Commissioner Howard.

State Regulation of Public Utilities Review Committee
Performance Evaluation

John E. "Butch" Howard
South Carolina Public Service Commission
Seat: First Congressional District
Review Period: July 1, 2006 - June 30, 2007

Commissioner Howard was elected to the commission on March 3, 2004. Since his election, Commissioner Howard has taken advantage of many opportunities to expand his understanding of public utilities issues. Commissioner Howard shows a desire to increase his knowledge and skills by attending educational programs. He attended the following programs, among others: (1) "Power System Basics for the Non-Engineering Professionals," a course presented by Clemson University on electric industry issues; (2) teleconferences on transmission siting and open transmission access sponsored by the National Regulatory Research Institute (NRRI), a research resource established by the National Association of Regulatory Utility Commissioners (NARUC); (3) a forum sponsored by the New Mexico State University Center for Public Utilities on current issues in the regulated industries; (4) a telecommunications workshop; (5) a seminar sponsored by a local law firm that concentrates on public utility law; (6) various briefings and seminars presented by commission advisory staff; and (7) briefings by public utilities that are allowed by law. He is an active member of the National Association of Regulatory Utility Commissioners (NARUC) and the Southeastern Association of Regulatory Utility Commissioners (SEARUC). He is the co-vice chairman of the NARUC Water Committee. He was a panelist at a continuing legal education seminar "Energy in the Southeast-Resource Adequacy and Reliability" and moderated a panel discussion at the SEARUC annual meeting on "Financial Tools for Water Utilities". He represented NARUC and the PSC at the National Water Policy Forum sponsored by the National Association of Water Companies. Based on surveys of persons appearing before the commission and commission employees, the subcommittee finds that Commissioner Howard is courteous to all persons appearing before him, is impartial in his treatment of persons appearing before him, and has a positive effect on employee morale.

FRANK HARRINGTON MCKNIGHT, JR.

Overall Recommendation:

Mr. McKnight was evaluated as being of ABOVE AVERAGE qualification to serve on the Public Service Commission.
Personal Information, Educational Background, and Work Experience:

Frank Harrington McKnight was born in Kingstree, South Carolina in 1948. He is seeking election to the Public Service Commission, for either the First District or At-Large Seat. Mr. McKnight is married and has two adult children. He received a Bachelor of Science degree in Business from the University of South Carolina in 1971 and a Master of Arts degree in Administration from Tennessee Technological University in 1977.

Mr. McKnight was a Captain in the USAF, Inactive Reserve, from 1971-1977, and received an honorable discharge. From 1973-1977, Mr. McKnight worked for Verizon as a Communications Consultant. From 1977 to 1991, Mr. McKnight worked for IBM in various management positions, including the coordination of satellite communications for the Tennessee state government. From 1991-2007, Mr. McKnight worked for Wachovia/A.G. Edwards/IJL in a management position, managing $1.2 billion in assets. He holds the designation of "Certified Financial Planner." Mr. McKnight was appointed by Myrtle Beach City Council to the City of Myrtle Beach Planning Commission and served from 1994-1999.

Mr. McKnight owns a small amount of stock in Verizon Communications. Section 58-3-25(A) of the Code provides: "Unless otherwise provided by law, no person may serve as a member of the commission if the commission regulates any business with which that person is associated." Mr. McKnight states that he will dispose of this stock if he is elected to the commission.
Test Score:

Mr. McKnight received an overall score of 54.
General Qualifications:

Mr. McKnight was evaluated as having AVERAGE experience to serve on the commission.

Mr. McKnight was evaluated to be of APPROPRIATE temperament to serve on the commission.

Mr. McKnight was evaluated to have ABOVE AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the commission.

Mr. McKnight was evaluated as having ABOVE AVERAGE potential aptitude for meaningful leadership and/or service on the commission.

Mr. McKnight was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the commission.

Mr. McKnight was evaluated to have AVERAGE substantive knowledge of the operations of the commission.

CANDIDATES FOR SEAT 3

NANCY SHERER CAMPBELL

Overall Recommendation:
Ms. Campbell was evaluated as being of OUTSTANDING qualification to serve on the Public Service Commission.

Personal Information, Educational Background, and Work Experience:

Ms. Campbell was born in Anderson, South Carolina in 1964. She is married and has three children. Ms. Campbell received a Bachelor of Arts degree from Erskine College in 1986, and a Master of Business Administration degree from Georgia State University in 1991.

Between 1986 and 1991, Ms. Campbell was employed as a programmer analyst and worked as a systems analyst between 1991 and 2003 at MCI. Since 2004, Ms. Campbell has been a sales support analyst and implementation specialist at Cass Information Systems in Greenville, S.C. Ms. Campbell's employment involves working on telecommunications rates and contractual agreements. Ms. Campbell will resign from her current position if elected.
Test Score:

Ms. Campbell received an overall score of 66.
General Qualifications:

Ms. Campbell was evaluated as having ABOVE AVERAGE experience to serve on the commission.

Ms. Campbell was evaluated to be of APPROPRIATE temperament to serve on the commission.

Ms. Campbell was evaluated to have ABOVE AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the commission.

Ms. Campbell was evaluated as having OUTSTANDING potential aptitude for meaningful leadership and/or service on the commission.

Ms. Campbell was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the commission.

Ms. Campbell was evaluated to have OUTSTANDING substantive knowledge of the operations of the commission.

RANDY MITCHELL

Overall Recommendation:

Mr. Mitchell was evaluated as being of OUTSTANDING qualification to serve on the Public Service Commission.
Personal Information, Educational Background, and Work Experience:

Mr. Mitchell was born in Newberry, South Carolina in 1950. He is married and has three adult children and a 17 year-old son. Mr. Mitchell received a Bachelor of Arts degree in Physical Education (with a minor in English) from Lander University in 1972.

Mr. Mitchell has been a member of the Public Service Commission since 1998. From 1987-1998, Mr. Mitchell was Probate Judge in Saluda County. From 1981-1987, Mr. Mitchell was a part-time member of Saluda County Council. From 1972 to 1987, Mr. Mitchell was self-employed as a farmer. He has also invested in and managed rental property and real estate. Mr. Mitchell continues to own a beef cattle farm and rental property, which his sons manage.
Test Score:

Mr. Mitchell received an overall score of 68.
General Qualifications:

Mr. Mitchell was evaluated as having OUTSTANDING experience to serve on the commission.

Mr. Mitchell was evaluated to be of APPROPRIATE temperament to serve on the commission.

Mr. Mitchell was evaluated to have OUTSTANDING knowledge of and compliance with legal and ethical constraints regarding service on the commission.

Mr. Mitchell was evaluated as having OUTSTANDING potential aptitude for meaningful leadership and/or service on the commission.

Mr. Mitchell was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the commission.

Mr. Mitchell was evaluated to have ABOVE AVERAGE substantive knowledge of the operations of the commission.

State Regulation of Public Utilities Review Committee
Performance Evaluation

Randy Mitchell, Chairman
South Carolina Public Service Commission
Seat: Third Congressional District
Review Period: January 1 - June 30, 2006

Chairman Mitchell was initially elected to the commission for a term beginning July 1, 1998, and was re-elected on March 4, 2004. He chaired the commission during the period after Act 175 transformed the commission into a more judicial body and transferred many of the functions of the "old commission" to the newly created Office of Regulatory Staff. He embraced the changes brought about by Act 175 and, as chief executive and administrative officer of the commission, successfully led the agency through the implementation of the act, including a reduction in force. He brought new life to the agency with the hiring and retention of qualified staff and helped create a culture of integrity, responsiveness, professionalism, excellence, and innovation at his agency. He took advantage of many opportunities to become knowledgeable about the new ethical standards applicable to commissioners. Chairman Mitchell exhibits a desire to increase his knowledge and skills by attending educational programs. He attended seminars on Act 175, the Code of Judicial Conduct, accounting issues, developments in telecommunications law, and developments in the energy industry. He is a member of the Committee on Telecommunications of NARUC and participated in the winter Committee meeting. He attended a "Commissioners Only" conference sponsored by NARUC. He gave a presentation at the annual meeting of the South Carolina Energy Users Conference. Chairman Mitchell ensured that hearings were conducted under dignified and orderly procedures designed to protect the rights of all parties. Based on surveys of persons appearing before the commission and commission employees, the subcommittee finds that Chairman Mitchell is courteous to all persons appearing before him, is impartial in his treatment of persons appearing before him, and has a positive influence on employee morale. The Review Committee's review revealed no evidence of unethical behavior by Chairman Mitchell.

State Regulation of Public Utilities Review Committee
Performance Evaluation

Randy Mitchell, Chairman
South Carolina Public Service Commission
Seat: Third Congressional District
Review Period: July 1, 2006 - June 30, 2007

Commissioner Mitchell was initially elected to the commission for a term beginning July 1, 1998, and was re-elected on March 4, 2004. Commissioner Mitchell shows a desire to increase his knowledge and skills by attending educational programs. He attended the following seminars, among others: (1) a course sponsored by Clemson Power Research Association and the Power Engineering Society of the Institute of Electrical and Electronics Engineers on electric industry issues, (2) summer and winter meetings sponsored by NARUC, (3) two one-week courses on advanced public utility issues sponsored by NARUC, including sessions on cost allocation and rate design, mock rate discussion, critical structure cost of capital and rate of return, developing the rate base, current regulatory issues, and basis of rate setting, (4) a forum sponsored by the New Mexico State University Center for Public Utilities on current issues in the regulated industries, (5) telecommunications workshops, (6) various briefings and presentations by commission advisory staff, and (7) briefings by utilities that are allowed by law. He is a member of the NARUC Telecommunications Committee and Telecommunications Special Access Study Committee. He is also a member of SEARUC. He gave presentations about the operations of the commission and the changes to the commission since the passage of Act 175 to organizations in his home district. Based on surveys of persons appearing before the commission and commission employees, the subcommittee finds that Commissioner Mitchell is courteous to all persons appearing before him, is impartial in his treatment of persons appearing before him, and has a positive influence on employee morale.

CANDIDATES FOR SEAT 5

G. O'NEAL HAMILTON

Overall Recommendation:

Mr. Hamilton was evaluated as being of OUTSTANDING qualification to serve on the Public Service Commission.
Personal Information, Educational Background, and Work Experience:

Mr. Hamilton was born in Dillon, South Carolina in 1933. He is married and has two adult children. Mr. Hamilton obtained an Associate's Degree from North Greenville Jr. College in 1953.

Mr. Hamilton has served as the Public Service Commissioner for the Fifth District since 2004. From 1977-2003, Mr. Hamilton was employed as agency manager with Farm Bureau Insurance. He has also served in the following capacities: (1) member of Bennettsville City Council from 1978-1990; (2) Highway Commission from 1990-1992; and (3) Marlboro County Council from 1992-2004.

Mr. Hamilton is a member of the following professional organizations: (1) National Association of Regulatory Utilities Commissioners (NARUC); (2) Southeastern Association of Regulatory Utilities Commissioners; and (3) NARUC Committee on Gas (chairman).
Test Score:

Mr. Hamilton received an overall score of 84.
General Qualifications:

Mr. Hamilton was evaluated as having OUTSTANDING experience to serve on the commission.

Mr. Hamilton was evaluated to be of APPROPRIATE temperament to serve on the commission.

Mr. Hamilton was evaluated to have OUTSTANDING knowledge of and compliance with legal and ethical constraints regarding service on the commission.

Mr. Hamilton was evaluated as having OUTSTANDING potential aptitude for meaningful leadership and/or service on the commission.

Mr. Hamilton was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the commission.

Mr. Hamilton was evaluated to have OUTSTANDING substantive knowledge of the operations of the commission.

State Regulation of Public Utilities Review Committee
Performance Evaluation

G. O'Neal Hamilton
South Carolina Public Service Commission
Seat: Fifth Congressional District
Review Period: January 1 - June 30, 2006

Commissioner Hamilton was initially elected on March 3, 2004. He was elected vice-chairman by the commissioners for a term beginning July 1, 2004, and chairman, July 1, 2006. During his short tenure, he has taken advantage of many opportunities to expand his understanding of public utilities issues. Commissioner Hamilton exhibits a desire to increase his knowledge and skills by attending educational programs. He attended the winter meeting of NARUC, a "Commissioners Only" conference sponsored by NARUC, a one-day national conference "National Electricity Delivery Forum," and NARUC's Utility Rate School. He attended and participated in seminars on Act 175, ethics, the Energy Policy Act of 2005, telecommunications, emergency services, and mergers. He is an active member of NARUC and SEARUC. He is a member of NARUC's Committee on Gas and Subcommittee on Nuclear Issues - Waste Disposal. He represented South Carolina on the Federal Energy Regulatory Commission's Southern Region Joint Board on Security Constrained Economic Dispatch. Based on surveys of persons appearing before the commission and commission employees, the subcommittee finds that Commissioner Hamilton is courteous to all persons appearing before him, is impartial in his treatment of persons appearing before him, and has a positive influence on employee morale. The Review Committee's review revealed no evidence of unethical behavior by Commissioner Hamilton.

State Regulation of Public Utilities Review Committee
Performance Evaluation

G. O'Neal Hamilton
South Carolina Public Service Commission
Seat: Fifth Congressional District
Review Period: June 30, 2006 - July 1, 2007

Chairman Hamilton was initially elected on March 3, 2004. He was elected vice-chairman by the commissioners for a term beginning July 1, 2004, and chairman, July 1, 2006. Since his election, he has taken advantage of many opportunities to expand his understanding of public utilities issues. Chairman Hamilton shows a desire to increase his knowledge and skills by attending educational programs. He attended the following seminars, among others: (1) a course sponsored by Clemson Power Research Association and the Power Engineering Society of the Institute of Electrical and Electronics Engineers on electric industry issues, (2) telecommunications workshops, and (3) various briefings and presentations by commission advisory staff. He is an active member of NARUC and SEARUC. He is a member of NARUC's Committee on Gas and Committee on Nuclear Issues and Waste Disposal. He was a panelist at the Bonbright Center Electric and National Gas Conference and at the Bank of America's Meet a Commission Day. He gave presentations at the SC Telephone Association's fall conference and spring meeting, SC Energy Users Committee annual conference, and at the Energy Law and Regulation Conference. Chairman Hamilton has provided strong leadership on the commission. He is dedicated to the agency and its mission. He ensures that hearings are conducted under dignified and orderly procedures. Based on surveys of persons appearing before the commission and commission employees, the subcommittee finds that Commissioner Hamilton is courteous to all persons appearing before him, is impartial in his treatment of persons appearing before him, and has a positive influence on employee morale.

BENJAMIN PAUL KNOTT, JR.

Overall Recommendation:

Mr. Knott was evaluated as being of ABOVE AVERAGE qualification to serve on the Public Service Commission.
Personal Information, Educational Background, and Work Experience:

Mr. Knott was born in Beaufort, South Carolina in 1945. He is married and has two adult children. Mr. Knott graduated from the United States Merchant Marine Academy in 1967 with a Bachelor of Science degree in Marine Engineering.

Mr. Knott has thirty-seven years of experience as an industrial engineer in several different capacities, including Director of Engineering Maintenance with Springs Industries, Inc. between 1995 and 2002. Since 2002, Mr. Knott has been an energy engineer with Presbyterian Healthcare System in Fort Mill.
Test Score:
Mr. Knott received an overall score of 61.
General Qualifications:

Mr. Knott was evaluated as having ABOVE AVERAGE experience to serve on the commission.

Mr. Knott was evaluated to be of APPROPRIATE temperament to serve on the commission.

Mr. Knott was evaluated to have ABOVE AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the commission.

Mr. Knott was evaluated as having ABOVE AVERAGE potential aptitude for meaningful leadership and/or service on the commission.

Mr. Knott was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the commission.

Mr. Knott was evaluated to have AVERAGE substantive knowledge of the operations of the commission.

CANDIDATES FOR AT-LARGE SEAT

FRANK HARRINGTON MCKNIGHT, JR.

Overall Recommendation:

Mr. McKnight was evaluated as being of ABOVE AVERAGE qualification to serve on the Public Service Commission.
Personal Information, Educational Background, and Work Experience:

Frank Harrington McKnight was born in Kingstree, South Carolina in 1948. He is seeking election to the Public Service Commission, for either the First District or At-Large Seat. Mr. McKnight is married and has two adult children. He received a Bachelor of Science degree in Business from the University of South Carolina in 1971 and a Master of Arts degree in Administration from Tennessee Technological University in 1977.

From 1991-2007, Mr. McKnight worked for Wachovia/A.G. Edwards/IJL in a management position, managing $1.2 billion in assets. He holds the designation of "Certified Financial Planner." From 1977 to 1991, Mr. McKnight worked for IBM in various management positions, including the coordination of satellite communications for the Tennessee state government. From 1973-1977, Mr. McKnight worked for Verizon as a Communications Consultant. From 1991 until the present, he has owned and managed 15 rental properties, all of which are single-family residential apartments.

Mr. McKnight was a Captain in the USAF, Inactive Reserve, from 1971-1977, and received an honorable discharge. Mr. McKnight was appointed by Myrtle Beach City Council to the City's Planning Commission and served from 1994-1999.

Mr. McKnight owns a small amount of stock in Verizon Communications. Section 58-3-25(A) of the Code states: "Unless otherwise provided by law, no person may serve as a member of the commission if the commission regulates any business with which that person is associated." Mr. McKnight states that he will dispose of this stock if he is elected to the commission.
Test Score:

Mr. McKnight received an overall score of 54.
General Qualifications:

Mr. McKnight was evaluated as having AVERAGE experience to serve on the commission.

Mr. McKnight was evaluated to be of APPROPRIATE temperament to serve on the commission.

Mr. McKnight was evaluated to have ABOVE AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the commission.

Mr. McKnight was evaluated as having ABOVE AVERAGE potential aptitude for meaningful leadership and/or service on the commission.

Mr. McKnight was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the commission.

Mr. McKnight was evaluated to have AVERAGE substantive knowledge of the operations of the commission.

SWAIN E. WHITFIELD

Overall Recommendation:

Mr. Whitfield was evaluated as being of OUTSTANDING qualification to serve on the Public Service Commission.
Personal Information, Educational Background, and Work Experience:

Mr. Whitfield was born in Columbia, South Carolina in 1963. He is married and has three children. He received a Bachelor of Arts degree in Geography from the University of Georgia in 1986, focusing on economic and industrial geography.

Mr. Whitfield founded Whitfield Transportation, Inc. in Blythewood, S.C. in 1991. Mr. Whitfield handled operations and customer service for Senn Trucking Co. in Newberry from 1990-1991. From 1987-1990, he was employed by Youmans Transportation, Inc. in West Columbia as operations manager for transportation brokerage operation. Following graduation from college in 1986, Mr. Whitfield began working for Laidlaw Carriers in Atlanta, GA. Mr. Whitfield served on the Winnsboro City Council between 1995 and 1999, during which time the city took over wastewater service from a private firm and expanded gas and electric service. From 2006 to the present, Mr. Whitfield has been a Board Member of John De La Howe, appointed and confirmed by the S.C. Senate. He states he would resign this position if elected.

Mr. Whitfield currently owns SCANA stock. Section 58-3-25(A) of the Code provides: "Unless otherwise provided by law, no person may serve as a member of the commission if the commission regulates any business with which that person is associated." Mr. Whitfield states that he will dispose of this stock if he is elected to the commission.
Test Score:

Mr. Whitfield received an overall score of 76.
General Qualifications:

Mr. Whitfield was evaluated as having ABOVE AVERAGE experience to serve on the commission.

Mr. Whitfield was evaluated to be of APPROPRIATE temperament to serve on the commission.

Mr. Whitfield was evaluated to have ABOVE AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the commission.

Mr. Whitfield was evaluated as having OUTSTANDING potential aptitude for meaningful leadership and/or service on the commission.

Mr. Whitfield was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the commission.

Mr. Whitfield was evaluated to have OUTSTANDING substantive knowledge of the operations of the commission

FINDINGS AS TO QUALIFICATIONS AND NOMINATIONS

The Review Committee finds the following candidates qualified and nominates them for election to the South Carolina Public Service Commission:

Seat 1:             John E. Howard

Frank Harrington McKnight
Seat 3:             Nancy Sherer Campbell

Randy Mitchell
Seat 5:             G. O'Neal Hamilton

Benjamin Paul Knott, Jr.
At-Large Seat:   Frank Harrington McKnight

Swain Edgar Whitfield

/s/ Sen. Thomas C. Alexander, Chm.       /s/ Rep. Harry F. Cato, V-Chm.
Elizabeth H. Atwater, Esquire         Erin B. Crawford, Esquire
/s/ Senator C. Bradley Hutto           /s/ Rep. Harry L. Ott, Jr.
/s/ Senator Luke A. Rankin, Sr.         /s/ Rep. William Sandifer III
John Steven Simmons, Esquire         /s/ Helen T. Zeigler, Esquire

REPORT RECEIVED
Report of the Committee to Screen Candidates for
the Employment Security Commission

Date and Time
Final Report Issued:   Noon on Thursday, May 8, 2008

INTRODUCTION
SECTION 2-20-10. Except as otherwise provided in Sections 58-3-520 and 58-3-530, whenever an election is to be held by the General Assembly in joint session, except for members of the judiciary, a joint committee composed of eight members, four of whom must be members of the House of Representatives and four of whom must be members of the Senate, must be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members are selected. Each joint committee shall meet as soon after its appointment as practicable and elect one of its members as chairman, one as secretary, and other officers as it considers desirable.

Committee Members
Senator Greg Ryberg, Chairman of the Senate Labor, Commerce and Industry Committee, appointed the following members to the Committee to Screen Candidates for the Employment Security Commission:

Senator William H. O'Dell, Chairman
Senator Thomas Alexander
Senator George E. Campsen III
Senator Vincent Sheheen

Representative Harry F. Cato, Chairman of the House Labor, Commerce and Industry Committee appointed the following members to the Committee to Screen Candidates for the Employment Security Commission:

Representative Nelson H. Hardwick
Representative John L. Scott, Jr.
Representative J. Adam Taylor
Representative Michael D. Thompson

The screening committee met on April 9th at 9:00 am and screened the following candidates:

George Martin Arnold

Joseph Leroy Grant, Jr.

William John McLeod

Rebecca Meacham Richardson

McKinley Washington, Jr.

MR. GEORGE ARNOLD

CANDIDATE FOR COMMISSIONER OF THE
SOUTH CAROLINA EMPLOYMENT
SECURITY COMMISSION

Biographical Information:

Mr. Arnold is 54 years old and lives in Greer. He is the owner and president of Durable Designs, Ltd. He is also involved in many organizations. These include the Honorable Order of Kentucky Colonels, National Technical Service Association, American Management Association, Independent Power Human Resource Association, IMS, AOPA, EAA, and the University of Kentucky Alumni Association.

Education:

University of Kentucky, Bachelor of General Sciences, Business Administration, 1976

Professional Abilities:

The committee found Mr. Arnold to be very experienced with over 20 years of sales experience. He has a great knowledge of business and was very interested in the position.

Character:

The committee's investigation did not reveal anything to call Mr. Arnold's character into question. He appears to have handled his business and personal financial affairs responsibly and SLED did not report a criminal record. Mr. Arnold fully answered all questions in the interview.

Physical Health:

Mr. Arnold appears to be physically capable of performing the duties of the office.

Recommendations:

Kelly G. Banks -- Senior Vice President, Arthur State Bank

Rosemary Traylor -- Retail Service Officer, BB&T

Paula J. Lawrence -- Certified Public Accountant

J. Jon Pyles -- Director of Lean Sigma, Formica Corportation

Steve Nash -- Field Applications Engineer, Process Engineering Resources, Inc.

Jack Quinn -- President, Jamar Enterprises

Conclusion:

Mr. Arnold appears to be a successful and intelligent businessperson. The committee believes he would be an effective member of the Commission. The committee reports Mr. Arnold to the General Assembly for consideration.

MR. JOSEPH L. GRANT, JR.

CANDIDATE FOR COMMISSIONER OF THE
SOUTH CAROLINA EMPLOYMENT
SECURITY COMMISSION

Biographical Information:

Mr. Grant is 34 years old and lives in Summerville. He is the president of Unique Supplies and Equipment, Incorporated in North Charleston.

Mr. Grant also is very involved in his community. He is the director of the Sons of Allen Francis Brown AME Church and is also a senior steward and on the finance committee for the church.

Education:

Webster University, M.A., Computer Resource Information Systems, 1999

Hampton University, B.S., Business Management, 1996

Clark Atlanta University, Executive Education Program, 2001

Professional Abilities:

The committee found Mr. Grant to be experienced with a good knowledge of small business.

Character:

The Committee's investigation did not reveal anything to call Mr. Grant's character into question. He appears to have handled his business and personal financial affairs responsibly and SLED did not report a criminal record. Mr. Grant fully answered all questions in the interview.

Physical Health:

Mr. Grant appears to be physically capable of performing the duties of the office.

Conclusion:

Mr. Grant appears to be an intelligent, highly experienced businessperson. The committee believes he would be an effective member of the Commission. The committee reports Mr. Grant to the General Assembly for consideration.

MR. JOHN W. McLEOD

CANDIDATE FOR COMMISSIONER OF THE
SOUTH CAROLINA EMPLOYMENT
SECURITY COMMISSION

Biographical Information:

Mr. McLeod is 56 years old and lives in Columbia. He is married to Ginger McLeod and they have two children and two grandchildren. Mr. McLeod was first elected in 1981 to the South Carolina House of Representatives representing Dillon, Marion and Florence Counties. Then in 1988, he was elected to serve as a Commissioner of the South Carolina Employment Security Commission, and is now in his 5th term.

Education:

Francis Marion University, B.S., Business Administration, 1974.

Professional Abilities:

The committee found Mr. McLeod to be very experienced with over 20 years in public service. He expressed a vast knowledge of the Employment Security Commission and its goals. He was also very knowledgeable about the unemployment rate in South Carolina and how to improve the current situation.

Character:

The committee's investigation did not reveal anything to call Mr. McLeod's character into question. The committee reviewed Mr. McLeod's financial records and found that Mr. McLeod filed for Chapter 12 bankruptcy in 2005. The bankruptcy remains open. SLED did not report a criminal record. Mr. McLeod fully answered all questions in the interview.

Physical Health:

Mr. McLeod appears to be physically capable of performing the duties of the office.

Conclusion:

Mr. McLeod appears to be a highly experienced individual. The committee believes he would be an effective member of the Commission. The committee reports Mr. McLeod to the General Assembly for consideration.

MS. REBECCA RICHARDSON

CANDIDATE FOR COMMISSIONER OF THE
SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION

Biographical Information:

Ms. Richardson is 65 years old and lives in Lake Wylie. She has two children. Ms. Richardson was first elected in 1991 to the South Carolina House of Representatives representing York County. While in the House, she served as chairwoman of the House Ethics Committee and SC House Republican Women's Caucus. She served in the House until 2004 when she was elected to serve a four-year term as a Commissioner of the South Carolina Employment Security Commission.

Education:

Limestone College, B.A., 1965

Professional Abilities:

The committee found Ms. Richardson to be very experienced with over 20 years in public service. She came very prepared and exhibited an expansive knowledge of unemployment issues facing South Carolina.

Character:

The committee's investigation did not reveal anything to call Ms. Richardson's character into question. She appears to have handled her business and personal financial affairs responsibly and SLED did not report a criminal record. Ms. Richardson fully answered all questions in the interview.

Physical Health:

Ms. Richardson appears to be physically capable of performing the duties of the office.

Conclusion:

Ms. Richardson appears to be a successful and intelligent individual. The committee believes she would be an effective member of the Commission. The Committee reports Ms. Richardson to the General Assembly for consideration.

MR. McKINLEY WASHINGTON

CANDIDATE FOR COMMISSIONER OF THE
SOUTH CAROLINA EMPLOYMENT
SECURITY COMMISSION

Biographical Information:

Mr. Washington is 71 years old and lives in Sumter County. He is married to Beulah Washington and they have two children and three grandchildren. Mr. Washington was first elected in 1974 to the South Carolina House of Representatives representing Charleston County. Then in 1990, he was elected to the South Carolina Senate representing District 45 where he served until 2000. Later that year, he was elected to serve a four-year term as a Commissioner of the South Carolina Employment Security Commission, and was re-elected for another four-year term in 2004.

Education:

I.T.C Theological Seminary, Master of Divinity, 1973

Johnson C. Smith University, Bachelor of Divinity, 1964

Johnson C. Smith University, Bachelor of Arts, 1960

Professional Abilities:

The committee found Mr. Washington to be very experienced with over 30 years in public service. He expressed knowledge of unemployment problems facing South Carolina.

Character:

The committee's investigation did not reveal anything to call Mr. Washington's character into question. He appears to have handled his business and personal financial affairs responsibly and SLED did not report a criminal record. Mr. Washington fully answered all questions in the interview.

Physical Health:

Mr. Washington appears to be physically capable of performing the duties of the office.

Conclusion:

Mr. Washington appears to be a well-respected individual. The committee believes he would be an effective member of the Commission. The committee reports Mr. Washington to the General Assembly for consideration.

Respectfully submitted,
Sen. William H. O'Dell, Chairman       Rep. Nelson H. Hardwick
Sen. Thomas Alexander                 Rep. John L. Scott, Jr.
Sen. George E. Campsen III             Rep. J. Adam Taylor
Sen. Vincent Sheheen                   Rep. Michael D. Thompson

ADJOURNMENT

At 11:15 A.M., on motion of Senator PATTERSON, the Senate adjourned to meet tomorrow, May 13, 2008, at 12:00 Noon.

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