16.1 Motion of TURN to Recuse Commissioner Kennedy
On May 31, 2005, TURN filed a motion seeking the recusal of Commissioner Kennedy and her replacement as Assigned Commissioner.368 In its motion, TURN alleged that Commissioner Kennedy had demonstrated "an unalterably closed mind" with regard to the consumer protection issues that are the subject of this proceeding.369
On December 9, 2005, Governor Arnold Schwarzenegger announced that he had appointed Commissioner Kennedy as his Chief of Staff effective January 1, 2006. Consequently Commissioner Kennedy resigned from her position as a Commissioner effective December 31, 2005 and this proceeding was re-assigned to Commissioner Peevey.
The resignation of Commissioner Kennedy and the re-assignment of this proceeding have rendered the issues raised in the Recusal Motion moot. Moreover there is no factual basis to the allegations raised by TURN, so even if Commissioner Kennedy were to continue as sole Assigned Commissioner to the decision, this motion would be denied.
368 Motion of TURN Seeking the Recusal of Commissioner Kennedy and Her Replacement as Assigned Commissioner (May 31, 2005) ("Recusal Motion").
369 Recusal Motion, pp. 1-2.
