Gov. Laura Kelly’s nominee to the Kansas Corporation Commission won the approval of a Senate committee on Wednesday, saying he would be an independent voice despite representing large industrial power users in the past.
Overland Park utilities lawyer Andrew French can now take a seat on the three-person panel until his confirmation is voted on by the full Senate next year. He replaces Shari Feist Albrecht.
French was one of nine appointments that were appointed by the governor that were approved by the Senate Confirmation Oversight Committee Thursday.
French, who works for the law firm Smithyman & Zakoura, was praised for his credentials but ran into questions for his work representing the Kansas Industrial Consumers Group, which includes large some of the state’s largest employers such as Cargill and Spirit AeroSystems.
Republican Sen. Rob Olson asked French whether he could keep an open mind given that he worked for a law firm for the last three years that represented large industrial users of electricity.
“How are you going to take that hat off,” Olson asked.
French said it wouldn’t be an issue.
“I am very clear,” he said. “When I make that break from representing private clients and I go back to working at the KCC…I represent the public interest of the state of Kansas – that means everybody, that means residents, small businesses, large businesses,” French told the committee.
“I think I have broad support not because anybody expects a particular result from me, but they do expect that I would be even handed,” he said.
“I would look at all the evidence presented in a case and I would reach a fair and reasonable outcome.”
Last legislative session, the industrial consumers group lobbied for a bill expanding efforts to discount high electric rates for companies moving to Kansas.
The bill was seen as a way that Kansas could attract more business by making electric rates more regionally competitive with discounts for big energy users.
A study completed earlier this year found that the new load added to the system through the incentives would broaden the customer base and help lower electric rates for everyone.
French told senators that he agreed that the reduced economic development rates would benefit all customers over the long haul.
“I won’t shy away from the fact that I do think it’s really important to be looking at rates from an economic development standpoint,” he said.
“It’s important to bring new industrial users into the state,” he said. “If you can bring more people in and use more energy, you can reduce rates for everybody.”
Senate Vice President Jeff Longbine asked French whether he would support deregulating utilities as a member of the KCC.
French said that was a policy question best left to the Legislature. He said any debate over deregulation needs to be approached cautiously.
“If that’s an issue the Legislature would want the KCC to study, that’s an appropriate place for that study to take place,” he said.
Olson also asked French about what role the KCC should have in developing the state’s energy policy.
While the KCC may set some energy policy in individual cases, French said that is an overall decision that should be made by the Legislature and the governor.
“I don’t see that role being housed with the KCC,” he said.
“My personal view is the KCC is probably most effective at taking direction when someone else creates the state energy plan and implementing that direction.”
Before joining Smithyman & Zakoura, French worked for the KCC as senior litigation counsel where he represented the commission staff in proceedings before the commission.
He also coordinated with outside counsel, actively engaged in settlement negotiations, and advised the commission in Federal Energy Regulatory Commission proceedings.
He also represented and advised the commission on electric transmission issues and the Southwest Power Pool.
He is a 2010 graduate of the University of Kansas law school. He earned a bachelor’s degree from KU in environmental studies.
In other appointments approved by the Senate confirmation oversight committee:
Thomas Browne Jr. as chief hearing officer of the Kansas Board of Tax Appeals. He replaces the late Arlen Siegfried. His appointment will give the board the two members it needs to hear tax appeals cases. It was left with just one after the terms of two members lapsed in April. The chief hearing officer can fill in for members who are absent. Browne has been with the Department of Revenue since 1982, where he worked as a revenue auditor and later as hearing officer in the Office of Administrative Appeals. He also serves as the problem resolution officer for corporate income tax.
Col. Chris Ioder as commander of the Kansas Air National Guard and rank of brigadier general. He replaces David Weishaar. Ioder served as the director of operations of the Air Component at the Joint Forces Headquarters for the Kansas National Guard. Ioder began his military career by enlisting in the Missouri Air National Guard as an air cargo specialist in 1988. He earned a bachelor’s in business administration from Rockhurst University in Kansas City, Missouri. He transferred to the Kansas Air National Guard in 1991 and received his commission from the Academy of Military Science in 1992. He completed Undergraduate Pilot Training in 1993, followed by KC-135 combat crew training in 1994. As a command pilot, he has logged more than 4,500 flying hours, including over 80 combat sorties and more than 500 hours flown in direct support of Operations Deny Flight, Deliberate Guard, Allied Force, Northern Watch, Iraqi Freedom, Enduring Freedom and Unified Protector.
Talal Khan to a seat on the University of Kansas Hospital Authority. Khan is a professor and chair of anesthesiology at the University of Kansas Medical Center. Additionally, he serves as the president of the University of Kansas Physicians.
Margaret LaRue, Kansas Lottery Commission. LaRue is president of the Kansas Children’s Service League, director of Heritage Bank and vice president, branch manager at Capitol Federal Savings Bank.
Lea Tatum-Haskell, public member state Banking Board. Talent development manager at CrossFirst Bank. She also worked as a regulator, case manager and trainer for the Office of State Bank Commissioner. She also worked as manager of mutual fund administration and corporate trainer at Security Benefit Group. She earned a master’s in business administration from Rockhurst University and bachelor’s in business administration from Washburn University.
Mary Berry, at-large banker, state Banking Board. Almost 42 years in banking. She currently serves as the executive vice president of Chisholm Trail State Bank in Wichita. Previously, she served as the president and CEO of the bank. Berry received a master’s degree from the Graduate School of Banking in Boulder, Colorado, and attended the Wichita State University Center for Management..
