1994 Permanent House Journal Printed Pages 2490-2499 - South Carolina Legislature Online

Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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Printed Page 2480, Feb. 24 | Printed Page 2500, Feb. 24

Printed Page 2490 . . . . . Thursday, February 24, 1994

Mr. Dibble, please come over to the far left chair in the witness box. And before you would sit down, if you would take out your driver's license and/or your voter registration certificate.

Mr. Chairman, as I mentioned, we're now moving into the Second Public Service Commission District. The first nominee is Mr. Robert Dibble from Orangeburg, South Carolina. Mr. Dibble, if you would raise your right hand when you're ready and take the oath.
ROBERT BUFORD DIBBLE, SR., having been duly sworn, testified as follows:
MR. DIBBLE - EXAMINATION BY MR. COUICK:
Q. Thank you. Please have a seat. Mr. Dibble, looking at your driver's license, you have one of the new ones, I see. You live at Route 5, Box 785 in Orangeburg, 29115 and you're -- it looks like your voter registration certificate indicates the same address. It says Route 5, the North Road in Orangeburg; is that correct?
A. That's correct. Sir.
Q. Would you please state for the record your full name?
A. My name is Robert Buford Dibble, Sr.
Q. Yes, sir. Mr. Dibble, have you had an opportunity to review your Personal Data Questionnaire summary?
A. Yes, sir. I've reviewed over it and there is only one correction on there and that would be my first letter of recommendation where it says Linda Odell and it should be Mr. Butch Blackwell.
Q. Is that a substitution you would like the committee to take?
A. It would be fine, yes, sir.
Q. Yes, sir. There was actually a letter from Ms. -- you said Linda --
A. Odell.
Q. -- received, but you would like to substitute those?
A. Well, did she ever -- did she send one in?
Q. We'll verify that. Thank you. We did receive her letter. Thank you. Mr. Dibble, what causes you to run for the Public Service Commission? What has compelled you to offer your candidacy?
A. Oh, gosh, really, this country has been real good to me and I've served in the United States Army and the State of South Carolina has been good to me and I think that I would like to serve it in some way or fashion something similar to this. That's one of the reasons I've decided to run and I'm able to do it.
Q. You have worked for -- in public service before you, I believe.
A. That's right.
Q. You were with the City of Orangeburg?
A. I was with the City of Orangeburg for 18 and a half years.

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Q. And lately, you've gone to, I believe, a wholesale agriculture business with roses; is that correct?
A. No, sir. That was --
Q. Prior to that?
A. That was prior to that, yes, sir.
Q. What -- the nursery business you're in now is what type?
A. We're a wholesale and retail type nursery. We operate about 35,000 square feet of greenhouse area. We have -- we also do landscape contracting and we also have a garden center and floral shop operation.
Q. When you were with the city, I believe you were the Director of Parks and the City Administrator; is that correct?
A. I was Director of City Parks and I answered to the City --
Q. The Administrator?
A. He was my boss. That's --
Q. Do you have any other employment at this time other than the self-employment you have with your greenhouses, Mr. Dibble?
A. No, sir.
Q. Do you own any utility stock?
A. No, sir.
Q. Does your wife or anyone else in your household own utility stock?
A. No, sir.
Q. Mr. Chairman, as with all other candidates, we have reviewed the report of SLED and the credit report. Both were positive in that there were no negative entries on the report, for the benefit of the committee.

Mr. Dibble, what would you think would be the one or two most important issues facing the Public Service Commission in South Carolina today?
A. Well, I look at the Public Service Commission as sort of a balancing act. I realize that the utilities in the state of South Carolina have got to stay healthy. They've got to make a profit, but at the same time, that profit has got to be legitimate. At the same time, we look out for -- keep the utilities healthy.

We also have got to look out for the interest of the citizens of South Carolina, the commercial establishments for South Carolina and we've got to look out for the industry of South Carolina. It's sort of a balancing act is the way I look at it.
Q. In your role ensuring that there is a proper balance, what part do you take in insuring there is a proper balance? Are you more of an advocate or devil's advocate, as I should say, or are you more often the judge that makes sure that both cases -- both sides have an opportunity to present a fair case?

Printed Page 2492 . . . . . Thursday, February 24, 1994

A. Well, I'm going to tell you like this, I'm a real good listener and I'll listen to both sides and then if I'm given adequate information of which I can build my decision upon, that would be my process of doing it.
Q. If someone were to take or question you closely about your stance on the environment and what role it would have in your deliberations, you say you are a good listener, what part would it take? I mean is the PSC responsible for keeping the environment clean and green?
A. The environment is very important to me because like in the type of business I'm in, we are very environmental conscious. I've got to -- being in the nursery business, you got to keep up with all kind of regulations concerning use of insecticides, pesticides and fungicides and things of that -- fertilizers and things of that nature, so concerning the utilities, utilities should be geared to the point where they are accountable for the environment as well as anyone else.
Q. What utilities does the Public Service Commission regulate?
A. Which ones do they regulate?
Q. Yes, sir.
A. The major utilities, electric. I believe they would also regulate some of the natural gas and also some of the truck.
Q. The City of Orangeburg is in engaged in the, I believe, the production of electrical power; is that correct?
A. To a certain extent, yes, sir. I recall that it's -- it's on -- offset some of the -- when they have peak demands, I think they have their own generating plant. There are units that they can kick in and cut down on some of the --
Q. And they also are a retailer of electrical power, I believe? They buy wholesale from SCE&G, I believe, and they sell it retail?
A. I don't know.
Q. Would they ever be before you?
A. Pardon me?
Q. Would the City of Orangeburg ever be before the Public Service Commission?
A. Would they?
Q. Yes, sir.
A. I imagine they possibly could be.
Q. Do you receive a pension from the City of Orangeburg?
A. No, sir, I do not.
Q. Do you recognize the terminology of wheeling, wheeling of wholesale electricity, w-h-e-e-l-i-n-g?
A. No, sir, I don't.
Q. How about generational mix?

Printed Page 2493 . . . . . Thursday, February 24, 1994

A. Huh-uh.
Q. How about the role of the staff of the Public Service Commission, how would you see them helping you, Mr. Dibble?
A. There again, I don't know that much about the commission, but I look at -- they would be responsible for furnishing us or the commission members with accurate information and giving input into us helping to make the decisions that we need to make.
Q. How about the term rate base? Do you recognize that term, Mr. Dibble?
A. No, sir, I don't.
Q. A company's rate base? If you were to be elected to the Public Service Commission, would you presume it to be a full time job to the extent that you would relinquish your greenhouse business or do you have someone else to help you take that on in your absence or --
A. My wife, she is in partnership with me and I would relinquish all ties with Dibble Nursery.
Q. Has she volunteered to do all that hard work?
A. Yes, she did. We're to a point where we are well automated and she can take care of all the decision making and all that. I would take it on to be my full time responsibility.
Q. And, finally, Mr. Dibble, as we have asked each of the candidates, do you have any recommendations for this committee to improve its screening process, so we can do a better job?
A. Well, I've been waiting all day and we've -- you know, I believe the problem is set up a definite time schedule for the candidates would make it a little more easier on some of us.
Q. Yes, sir.
A. But other than that, I see no problem.
Q. Thank you. That's all, Mr. Chairman.
THE CHAIRMAN: Any questions from the members of the committee?
REPRESENTATIVE WILKES: Yes.
EXAMINATION BY REPRESENTATIVE WILKES:
Q. Mr. Dibble, as a small business person and somebody involved in the horticulture industry, I'm a small business person myself, by the way, and I am also a rosarian, so we have some things in common, but you -- you know what it's like to have to make a payroll, right?
A. Yes, sir.
Q. And I think everybody in the state government ought to have that experience once in their lifetime, don't you?
A. I agree because it makes you think about it before you spend a dollar.

Printed Page 2494 . . . . . Thursday, February 24, 1994

Q. Yes, sir. Do you feel like that you could, given the roles that you've played in your life, give a fair hearing in a utility case where the profit motive of the industry is on one side and the environment possibly on the other or another scenario where you may have a urban versus a rural issue? How do you feel about your judgment on issues like that? Are you a person who tends to go to extremes or are you more of a centrist or logical thinking person or a reactionary, emotional person? How would you classify yourself?
A. I'm not an emotional type person. Like I said, I'm a good listener and I listen to all sides of a story and I hope that whoever is giving us the information is giving us some true and actual and factual information. And I think with the help of the good Lord himself, I feel that I can make any decisions that may come before the commission.
Q. And your business now you feel is successful enough that you could turn it over to your wife with the automation that you have and --
A. Yes.
Q. -- run and --
A. I think --
Q. -- it would not distract you in your role as a commissioner?
A. No, sir. It would have no -- play no role in it whatsoever.
Q. Thank you.
SENATOR COURTNEY: Mr. Chairman?
THE CHAIRMAN: Senator Courtney.
EXAMINATION BY SENATOR COURTNEY:
Q. Mr. Dibble, other than working as the Parks Director for the City of Orangeburg, did you ever have any experience with their utility system?
A. No, sir.
Q. How do you plan to prepare yourself for considering complex requests and so forth from utility companies from South Carolina? How do you plan to prepare yourself for that job? Who would you turn to and how would you study?
A. Well, it wouldn't be a utility company for one thing. I would -- I would do the research on my own and I would believe that the research staff is connected with the -- with the PSC Commission would be able to guide us and help us and at the same time furnish us with types of information that we really need.
Q. Thank you.
SENATOR JACKSON: Mr. Chairman?
THE CHAIRMAN: Any other questions? Senator Jackson.

Printed Page 2495 . . . . . Thursday, February 24, 1994

EXAMINATION BY SENATOR JACKSON:
Q. Mr. Dibble, a couple of years ago in the City of Orangeburg, there was a conflict between Jones (phonetic) Cable and the City of Orangeburg. Are you familiar with that issue as it relates --
A. No, sir, I know what you're talking about right now. What I read in the paper, that's all.
Q. What's your opinion of that as it relates -- as it related to the cable industry, in particular now that this -- the Informational Highway and the expansion of the cable television to maybe public utilities?
A. My personal opinion is that the City of Orangeburg entered the cable industry would be that it is something that they don't need to get into. I look at it like this that the City of Orangeburg is a public utility and I think that they need to stay out of that private enterprise operating in a fair marketplace.
Q. What is your opinion on the, say, telephone companies getting into the cable industry?
A. I don't think they should be into it.
Q. Do you strongly believe that they should not be into it?
A. No, I don't strongly, but they can prove to the point where they'd be making more getting into it would be -- and that's like a utility. They can get into it and then -- if they can do a better job, that'd be fine.
THE CHAIRMAN: Any other questions from any member of the committee? Thank you so much, Mr. Dibble. You may be excused.
A. Okay, I thank you for your kind consideration.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1. Robert Buford Dibble, Sr.

Home Address: Business Address:

Rt. 5, Box 785 Rt. 5, Box 785

Orangeburg, SC 29115 Orangeburg, SC 29115

2. He was born on December 29, 1935.

Social Security Number: ***-**-****.

3. S.C. Driver's License Number: *********.

S.C. Voter Registration Number: 0 751 610.

4. He was married to Shirley Jean Summers Dibble on July 18, 1965. He has 2 children: Dianna Summers Dibble Todd, age 26 (Horticulturist for Dibble Nursery) and Robert Buford Dibble, Jr.,

Printed Page 2496 . . . . . Thursday, February 24, 1994

age 23 (Student at Central Wesleyan College and part-time shoe salesman at Belk-Hudson Co. in Orangeburg).

5. Military Service: He served from July 7, 1958 to July 6, 1961, when he was honorably discharged.

Serial #: RA 14681858; Rank: E-5.

6. He graduated from Orangeburg High School in 1954 and graduated from Clemson University in 1958 with a B.S. in Horticulture.

9. He was a Wholesale Grower of Cut Roses at Green Farms Rose Co. in Westport, Conn. from September 1961 to December 1962. He served as Director of Parks for the City of Orangeburg from January 1963 to May 1982 and has worked with Dibble Nursery since May 1982.

19. He worked as Director of Parks (City Administrator) for the City of Orangeburg from January 1963 to May 1982.

26. Civic, charitable, etc. organizations:Alpha Zeta, Honorary Agricultural Fraternity (1958-present); President of Post O for the Travelers Protective Association; Men for Christ Club at St. Paul's United Methodist Church.

29. Five Letters of reference:

(a) Mrs. Linda Odell

Vice President, First Union National Bank

100 Russell Street, N.E.

Orangeburg, SC 29115
(803) 533-4400

(b) Mr. Robert A. Bates

455 Brewton Street, N.E.

Orangeburg, SC 29115

(803) 536-2565

1321 Broughton Street, N.W.

Orangeburg, SC 29115

(803) 533-0557

Printed Page 2497 . . . . . Thursday, February 24, 1994

(d) Mrs. Dorothy B. Sells

373 Livingston Terrace

Orangeburg, SC 29115

(803) 536-1837

(e) Rev. Carl N. Harris

First United Methodist Church

1001 Fifth Avenue

Conway, SC 29526

(803) 248-6642 (H)

(803) 248-4251 (W)

(f) Grayson L. Blackwell

Orangeburg National Bank

Orangeburg, SC 29115

(803) 533-3400

30. He is seeking the position of Public Service Commissioner for the Second District.

THE CHAIRMAN: I'm sorry we couldn't get to you earlier, but some of these candidates just talk a little longer than others.
A. Okay. Thank you.
MR. COUICK: Mr. Chairman, there are certain matters as with an earlier candidate that would probably be best to discuss briefly and initially in Executive Session and counsel would recommend at this time that we -- that you --
THE CHAIRMAN: The Chair will entertain a motion for Executive Session.
REPRESENTATIVE WILKES: I so move.
THE CHAIRMAN: Move for Executive Session. Any objection? There is none. We'll now go in executive session

(Executive Session)
MR. COUICK: Mr. McIntosh, if I could ask you to pull out your driver's license and/or your voter registration certificate and hand it to Ms. Hammond.
MR. MCINTOSH: Do you need both or just one?
MR. COUICK: Both preferably if you have them both. Mr. McIntosh, your driver's license indicates that you live at 862 -- is it Stebondale?
MR. MCINTOSH: Stebondale Road.
MR. COUICK: In Columbia and the zip code is 29203?
MR. MCINTOSH: That's correct.

Printed Page 2498 . . . . . Thursday, February 24, 1994

MR. MCINTOSH: The same address is indicated by your voter registration certificate?
MR. MCINTOSH: That is correct.
MR. COUICK: If you would please raise your right hand, I'd like to administer the oath.
CARL F. MCINTOSH, having been duly sworn, testified as follows:
MR. MCINTOSH - EXAMINATION BY MR. COUICK:
Q. Thank you. Mr. McIntosh, would you briefly review for the committee your employment history, so that they have an idea of your experience.
A. My -- you're saying review --
Q. Your employment history.
A. Just present to them what is my employment history?
Q. Yes, sir.
A. Currently, I am an attorney, a senior attorney with the South Carolina Department of Consumer Affairs. I've been an attorney with the Department of Consumer Affairs since the Fall of 1987 and I've serve continuously since the fall of 1987.

Prior to my employment with the Department of Consumer Affairs, I served as a legislative aide -- I served in a number capacities -- let me back up. Prior to my employment with the Department of Consumer Affairs, I was an Assistant Solicitor with the Second Judicial Circuit which covers the counties of Aiken, Barnwell and Bamberg counties. And I was briefly an assistant solicitor out of Aiken, but serving those three counties for about six months.

Prior to that, I served in a number of capacities with Congressman Butler Derrick who represents the Third Congressional District of South Carolina. And I was employed in his office, I'm going to have to review that in front of me.
Q. Was it '82 through '87?
A. That's correct, and employed in a number of capacities in his office. My final job included legislative aide and special projects directly.

Prior to working for Congressman Derrick, I'm going to have to review this real quick.
Q. You can just generally lay that out. I believe you were employed as a University professor at Howard University?
A. Well, now, that was during my employment with Congressman Derrick, I did serve in that capacity for one semester at Howard University. And if you -- you may have the information readily available in front of you, but I --
Q. And that's fine. I believe you've given the committee the gist of --

Printed Page 2499 . . . . . Thursday, February 24, 1994

A. But there are a number of other jobs that I had held while I was an undergraduate --
Q. Right.
A. -- at Yale University.
Q. During your term of employment with Congressman Derrick, I believe you attended Georgetown University Law school; is that correct?
A. That is correct. And I think you've got one of the dates is incorrect.
Q. You say you received you Juris Doctorate in February, 1986, and it looked like you attended Fall of '81, Spring of '82, Fall of '83?
A. Fall of '85.
Q. '85?
A. I actually completed my coursework in December of '85. And there was no December graduation. The degree was confirmed in February of '86.
Q. Mr. McIntosh, you're employed by the Department of Consumer Affairs; is that correct?
A. That is correct.
Q. Do you recognize any individual in this room now as being also employed at the Department of Consumer Affairs?
A. I do.
Q. Were you present this morning at approximately 10:00 o'clock?
A. I was.
Q. Did you understand the admonition of the Chairman and of the counsel for the committee that any person affiliated with a candidate here in terms of similar employment should not be present in the room during the course of the hearings today?
A. I understood that.
Q. Have you spoken with the other employee --
A. I have not.
Q. -- at all today?
A. Other than to say hello when I walked in and saw him in the building.
Q. Do you work with him from time to time?
A. I do work with him.
Q. Do you know his name?
A. Yes, I do.
Q. And what is that name?
A. Elliott Elam.
Q. Okay.
THE CHAIRMAN: Do you want him to leave?
Q. Is he here today on business of the Department of Consumer Affairs?

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