Public advocate nominee narrowly approved in first legislative test

Jan. 14—Gov. Janet Mills’ nominee to represent utility ratepayers narrowly cleared her first hurdle to winning legislative approval on Tuesday, after pledging to keep in mind Mainers’ energy cost burdens and avoiding positions on particular policies. But she lost some support when she refused to rule out working for a utility in the future.

Heather Sanborn, the nominee for state Public Advocate to succeed William Harwood who’s set to retire Jan. 31, was confirmed on a 7-5 vote by the Energy, Utilities and Technology Committee. Her nomination advances to a vote in the Senate. The Public Advocate represents electric, gas and water ratepayers before state and federal regulators.

Asked by Rep. Sophia Warren, D-Scarborough, if she would make a public commitment to not work in five or 10 years for an “entity you’re a watchdog for,” such as a utility or large energy developer, Sanborn said she would not guess what the future holds for her. Sanborn, director of business operations at Rising Tide Brewing Co., a Portland craft brewery that she co-founded with her husband, Nathan, won praise from some on the committee for her business experience.

She said would “not have guessed” that her professional life would lead her to running a brewery and such an unknown could apply to other ventures.

“My professional life has been far from linear,” Sanborn said. “It is very difficult to have any kind of crystal ball as to where your life is going to take you, certainly four years out,” she said.

Sen. Nicole Grohoski, D-Hancock, cited the “revolving door” between government and industry and voted against confirming Sanborn’s nomination.

“While one may want to stay in a particular career field, I am not comfortable supporting you for this position,” she said. Grohoski said Sanborn did not show much concern about the prospect of taking a job “with one of the entities that we are fully entrusting you to hold accountable every day.”

Sanborn won support from Democrats such as Rep. Gerry Runte of York who said she is “pragmatic and perceptive.” She was opposed by Republicans such as Reps. Reagan Paul of Winterport, Steven Foster of Dexter and Sen. Matthew Harrington of York who said he does “not see the level of tenacity and grit” needed to battle Maine’s high energy costs.

Sanborn avoided discussion of specific policies. She refused, for example, to commit to continuing Harwood’s effort to limit natural gas expansion. Legislation he backed last year was scaled back and became a study.

“I think that the question of the future of natural gas is nuanced and complex,” she told committee members.

Sanborn, a former Democratic state lawmaker from Portland who served on the committee, said she’d “want to take a position on a specific policy or initiative” rather than “answer in the abstract.”

Republican legislators followed through on their promise to question Sanborn about Democratic energy policies such as wind and solar power. They probed her support of nuclear power that’s failed to win support in the Democratic-dominated Legislature and costs associated with solar power development in Maine’s so-called net energy billing program.

Asked by Paul if she would support development of nuclear plants in Maine, Sanborn said she would consider a nuclear proposal if it reduces costs for consumers. Her focus, she said, would be on ratepayer costs, “so to the extent there’s a stabilizing function or a lowering-of-costs function, it’s a policy I would look at.”

However, she cited ballooning costs, from $14 billion to $30 billion, for a Georgia nuclear plant.

Foster asked Sanborn if she believes net energy billing that incentivizes solar energy development protects ratepayers. In the past few years, the program has drawn criticism for the extent of subsidies, the cost to ratepayers and that it may crowd out funding for other zero-carbon energy resources.

Sanborn reminded Foster that the program has been changed since 2019 and that she will weigh in on new proposals as they are drafted by lawmakers.

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