Union Tribune editorial errors - How Bob Kittle can't get his facts straight


On June 14th, the San Diego Union-Tribune published a critical and factually deficient, attack on UCAN and its executive director, Michael Shames, using data supplied by SDG&E.  It was authored by Bob Kittle (Robert Kittle) who is the editor of the editorial page at the Union Tribune.  In his editorial titled "Lucrative Rip-off) he accused UCAN of causing SDG&E rates to be higher because of a state law that compels SDG&E to reimburse UCAN for costs it incurs in fighting SDG&E rate cases.

Of course, the editorial was blatantly wrong.  It didn't address the fact that UCAN's success in reducing SDG&E rate hike requests caused rates to be lower.  Kittle  complains that over a 17-year period, SDG&E paid UCAN some $2 million in reimbursed costs.   Yet, Kittle ignores its own January,2002 editorial extolling Michael Shames a "Consumers' Hero" (see PDF) for returning $363 million in wrongful SDG&E charges to San Diego consumers.   And it ignores the law that prohibits UCAN receiving any compensation from SDG&E if UCAN duplicates the arguments tendered by the PUC staff. 

Below is Michael Shames' response.  Michael shows how Kittle tried to pressure him into answering questions in an unreasonably short time-frame and wasn't interested in gathering the facts necessary to offer an informed opinion on the topic of intervenor compensation or of UCAN's performance.   

As to the "Lucrative Ripoff" editorial written by Bob Kittle, I believe
the Union-Tribune's readers should know the "behind-the-scenes" story
behind his July 14th editorial.

Mr. Kittle admitted to me that SDG&E supplied most, if not all, of the
numbers upon which he relied. He called me last Thursday afternoon asking
me to verify SDG&E's numbers that same afternoon. I explained that I was
out of the office that day but would be happy to sit down with him after the
weekend and share with him all of the numbers that he sought from me as
well as a tally of the hundreds of millions of dollars in rate savings to SDG&E
customers for which UCAN has been responsible for since it began its work
in 1985.

Mr. Kittle insisted he had a deadline and that he needed the information
no later than Friday morning. After I explained that this compressed
schedule wasn't possible, he spewed the yellow journalism phrase that so
demeans his profession: "So, you are saying that you refuse to answer
my questions?" He then hung up on me.

Mr. Kittle's fervor to write an editorial hit piece is not surprising.
He has long been disdainful of UCAN's efforts to counter SDG&E. Had he
met with me this week, as I proposed, he would have had to acknowledge
that UCAN's one attorney and one expert witness essentially took apart
SDG&E's Sunrise economic case that was defended by the utility's five
attorneys and untold numbers of "expert" witnesses. And he would have
had to admit that my $350 per hour rate for legal work is about half of
what SDG&E's outside counsel charges the utility (and SDG&E customers)
for their work in the case. He would have suffered through the litany
of cases since 1985 in which UCAN has saved San Diego consumers hundreds
of millions of dollars. Finally, he would have learned about how the
Division of Ratepayer Advocates most always welcomes UCAN's intervention
because it doesn't have the staffing and budget to effectively address
every utility application, notwithstanding its $24 million annual
budget.

Understandably, Mr. Kittle didn't want to hear any of these facts. He
made it clear that it'd have been a waste of my time to gather this
information for him because he was determined to ignore it. Thus, I
wasn't even offered the decency to present those facts before he spewed
his invective. U-T readers should know that when they read an
editorial that it could be as baseless and vindictive as the one
published about UCAN this week. When fully informed, U-T readers can
determine which is truly the "lucrative rip-off" - an ill-informed,
personal attack by a rude editor or the work by diligent public interest
advocates on behalf of the San Diego consumers. Caveat reader.

It seems to UCAN that the Union-Tribune editors should adhere to a higher standard than what Kittle offered the public.  We offer this page as a means by which the public can report on similar factual deficiencies in any Union-Tribune editorial.   By this page, we hope that the Union-Tribune's publisher and editor (Karin Winner) will hold its editorial page writers responsible for a higher regard for facts and information when offering an opinion.
Here's a partial list of the various misstatements and omissions of fact contained in Kittle's editorial: 
Kittle:  "(customers) monthly bills are higher because UCAN's small staff has collected nearly $2 million from SDG&E ratepayers for intervening before the CPUC"
Truth:  The state laws prohibit the CPUC from awarding compensation to an intervenor like UCAN in a rate case where that intervenor hasn't shown that its impact in the case results in benefits to ratepayers that are higher than the costs for which it is seeking compensation. 
Kittle:  "In a telephone interview,  Shames declined to disclose his UCAN salary"
Truth:  As noted in my response to the editorial,  he called me when I was out of the office and didn't have access to the information he was seeking.  I offered to get it to him the following week when I returned to the office and he refused to accept that offer."
Kittle:  "The longer UCAN can delay a PUC decision on the Sunrise Powerlink, the more it can bill ratepayers."
Truth:  SDG&E and the CAISO are singularly responsible for the delays in the case......UCAN had no role in any such delay.  Moreover, delays in cases actually increase the risk borne by intervenors, as compensation is dependent upon winning.    So most intervenors have economic incentives to settle cases and not drag them out.   Kittle reveals a remarkable lack of understanding about risk analysis.
Kittle:  "UCAN's raid on SDG&E's customers monthly payments is about to expand exponentially"
Truth:   SDG&E is granted a certain amount of money by the CPUC to make intervenor compensation payments.   If it isn't paid out to intervenors, then SDG&E gets to keep it.   So rates are set and won't change for the next five years, regardless of whether UCAN is paid by SDG&E or not.
Kittle:  "Taxpayers already fund the PUC's Division of Ratepayer Advocates.....$24.9 million for a sprawling staff of 133 professional intervenors"
Truth:  Kittle didn't bother talking to the DRA.   If he had he would have learned that the staff of 133 is made up of support staff, not all of them are intervenors.   They have difficulty covering all of the work that is assigned to them  (there are hundreds of active cases before the CPUC.   That they welcome and, in many cases, rely upon UCAN's intervention in cases.   That the division has had its staff and resources cut substantially over the last 20 years.
Kittle: "UCAN is a special interest group"
Truth:  Oh really?  Representing SDG&E ratepayers is now a "special interest"?   OK Bob.   Is there such thing as a public interest?
Kittle:   "The law (intervenor compensation) is a multi-million dollar rip off for consumers"
Truth:   In the "telephone interview" Kittle admitted he hadn't even read the law and his comment reveals that he's unaware of the protections within the statute that protect against inappropriate payment to intervenors. 
Related articles and posts:

Former colleague Don Bauder, and Reader Columnist, says Robert A. Kittle is guilty of "rank deception."

Bob Kittle's hit piece targeting UCAN as a "lucrative rip-off."

Bob Kittle's opinion, lauding UCAN as a "Consumers' Hero" (Mr. Kittle denies running this opinion).

UCAN's rebuttal to Robert A. Kittle's attack. (Mr. Kittle has refused to publish this document).

Bob Kittle's refusal to print UCAN's rebuttal.

Law Professor Robert Fellmeth's letter to the Union, asserting that Kittle's editorial was flawed by "material omissions."

Factual misstatements made by Bob Kittle on KPBS Radio's Editor's Roundtable.

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