Heather Sanborn, Gov. Janet Mills’ pick to serve as Public Advocate for the state, was confirmed by the Maine Legislature’s Energy, Utilities and Technology Committee after a Tuesday hearing.
Sanborn’s nomination will be subject to final confirmation by the Maine State Senate.
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Gov. Mills announced Sanborn’s nomination in early December. If confirmed by the Senate, she will succeed current Public Advocate Bill Harwood, who announced that he will retire at the end of January.
Sanborn, a Democrat, previously served as a member of the Maine House and Senate representing parts of Falmouth, Portland and Westbrook from 2016 to 2022.
The matter of her history as a Democratic lawmaker was raised during the hearing, to which Sanborn stressed the independence of the Public Advocate position and its role in seeking affordable energy for ratepayers.
“It [the Public Advocate position] requires independent judgment,” Sanborn said. “It also requires lowering, stabilizing costs, that’s it, that’s the lens. I don’t think either of those things is partisan.”
“Everyone agrees that we should have affordable energy,” she added.
Sanborn has been the Director of Business Operations for the past 14 years at Rising Tide Brewery, a craft brewery that she co-founded with her husband.
She holds a law degree from the University of Maine School of Law, Master of Science in Educational Leadership from the University of Southern Maine and an undergraduate degree from Middlebury College.
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Sanborn formerly practiced law at Brann & Isaacson in Lewiston and Ropes & Gray in Boston, and clerked for U.S. First Circuit Court Appeals Judge Kermit V. Lipez. She also taught social studies at Cape Elizabeth High School.
The Office of the Public Advocate (OPA) is charged with representing Maine utility consumers in matters overseen by the Maine Public Utilities Commission and in cases before the Federal Energy Regulatory Commission (FERC) and the Federal Communications Commission (FCC).
The Public Advocate is appointed by the Governor for a four-year term.
Notable actions of outgoing Public Advocate Harwood within the past two years included fielding complaints regarding Electricity Maine’s unfair billing practices, which resulted in a settlement under which about 20,000 customers were refunded, as well as his critiques of Maine’s community solar program.
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In 2023, the OPA estimated that net energy billing (NEB) programs, the mechanism by which community solar is subsidized, will cost Maine’s ratepayers approximately $220 million per year starting 2025.
Sanborn had the opportunity to address Maine community solar and NEB programs at the Tuesday hearing. As a Senator, Sanborn voted in favor of expanding the program into its current form in 2019.
Committee member Rep. Mathew McIntyre (R-Lowell) asked the presumptive Public Advocate nominee if she regretted her 2019 vote given how the NEB programs have raised costs for Maine ratepayers.
“I don’t know the answer to that — would I have seen it? I don’t know the answer to that,” Sanborn said. “I like to think I would have seen that there was some exuberance in the way that the net energy billing policy was set up, but I don’t know.”
“I can’t ensure you that I, in the benefit of hindsight — that was five years ago, and technology has advanced, the costs of things have changed, we had COVID in between, I don’t know,” she continued. “And I don’t think it’s productive to sort of Monday morning quarterback things that happened five years ago.”
“I do think, though, that there are lessons to be learned that we can carry forward, and can use to make sure that the lens that I view things through going forward is informed by what some of the expensive elements of the 2019 policy ended up being,” she added.
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The Committee heard roughly one hour of comment on Sanborn’s confirmation.
Three current Senators spoke in favor of her confirmation, Sens. Denise Tepler (D-Sagadahoc), Stacy Brenner (D-Cumberland) and Sen. Rick Bennett (R-Oxford).
Also speaking in support of her confirmation was former Public Advocate Tim Schneider, as well as representatives from several non-governmental organizations, including from Maine Conservation Voters, Our Power — the organization behind the failed “Pine Tree Power” referendum — the Maine State Chamber of Commerce, Maine Renewable Energy Association and the Natural Resource Council of Maine.
The only comment offered in opposition to Sanborn’s confirmation came from Jim LeBrecque, a former advisor on energy policy to Gov. Paul LePage.
LeBrecque testified that he believes Sanborn in unqualified to take on what he called the “powerful consortium” of energy corporations and non-governmental organizations that lobby in Augusta, in addition to raising concerns over whether she could act independently given her history as a Democratic lawmaker.
The Committee voted 7 to 5 in favor of Sanborn’s confirmation as Public Advocate, with all Republican members opposing her confirmation, and all but one Democrat, Sen. Nicole Grohoski (D-Hancock), voting yes.
Sen. Grohoski expressed concern over Sanborn’s noncommittal response to her question regarding whether she would pledge not to move into a private sector position in the energy industry following her term as Public Advocate.
“I had a difficult experience earlier, in and amongst those many questions, regarding the revolving door,” Grohoski said. “I feel very strongly that while Maine is a small state, while one may want to stay in a particular career field, I am not comfortable supporting you for this position.”
“My understanding of what you said is there’s not really a lot of concerns for you about what that might look like in your future, to take a job with one of the entities that we are fully entrusting you to hold accountable every day,” Grohoski added.
While two of Grohoski’s Democratic colleagues on the Committee, Rep. Sophia Warren (D-Scarborough) and Rep. Kilton Webb (D-Durham), raised similar concerns, they voted in favor of her confirmation.
unaccomplished , un qualified and incompetent a typical choice from Mills she has the only requirement for mills a Vagina .
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She isn’t wearing a brightly colored neck scarf . She doesn’t sport a hyphenated name .
Two out of three isn’t bad for one of Janet’s appointees .
How much are we paying her ?
Is THIS why Mills didn’t raise the sin taxes on all of Maine’ “ craft brewers” ?
Want to bet ?
The OPA has been a complete waste of taxpayer money since Baldacci was governor. They have all rolled over for the wind and solar industries. Shameful. Did anyone hear her speak on the C02 crisis. No, because none exists.
The democrats are the reason the electric bills are high. They created the problems and all the extra fees we pay every month.
Hey Heather, the cost for my electricity had doubled in the last three years, what you going to do about it? Nothing… because this is a made up job and your being set up to take the fall for mills. What a maroon.
Public advocate my foot. The title should be special interest advocate.
NEB is another tax on the poor to subsize the rich. Time to do away with it along with green energy subsidies. Maine is being runed and now they want to ruin the oceans as well.
Good report. How much will she be paid, with benefits, for her advocacy?
Another do nothing, put in a position they know nothing about, and will do nothing for “we the people” of Maine.. More nothing burgers.. More of the same old B.S.
Outrageous.
Strike my previous comment. It was a mistake. Does sound like a bit of cronyism, though.
How much did “INDEPENDENT!!!” Senator King make from his position as Governor during the early days of siting many of the windmill locations in Maine? How much are present members of the Maine Government making from the siting of the solar panels on some of the best farmland in Maine?
Sounds to me like a DEI hire! Diversity, equity, and inclusion but not qualified nor competent.
Just another Mills failure.