We were concerned when Kelvin Simmons stepped down from Gov. Jay Nixon’s administration for an opportunity in the private sector. In an administration badly lacking in diversity in leadership positions, Simmons was the African American who held the most access, trust and sway with Nixon, a white Democrat who typically rules well to the right of the political center and has not always been sensitive to our community’s concerns either as governor or Missouri attorney general before that.
Simmons’ successor as Nixon’s closest and most trusted senior black official has finally emerged, and it is a familiar face, indeed one of our own: St. Louis attorney Robert Kenney, a Nixon appointee on the Missouri Public Service Commission and now Nixon’s new appointee as the commission’s chairman. Kenney is the commission’s 35th chairman and only the second African American to lead it. In fact, only Simmons preceded him, serving as chairman from 2001-2003. (There also have been two women chairs: Alberta Slavin, 1979-1981, and Sheila Lumpe, 1997-2001.) We applaud the governor for this appointment and are greatly encouraged by it.
Though not widely appreciated, this is an important position. The Missouri Public Service Commission is the economic and quality-of-service regulator for all of the state’s investor-owned public utilities. These include all gas, electric, water and sewer utilities. The five-member commission also provides, to a lesser degree, a measure of regulatory oversight of telecommunications companies. It also regulates and licenses dealers and makers of manufactured housing.
 The commission chairman is often described as “first among equals” because his or her vote is equal to that of the other four. Also, the chairman decides, within certain statutory limitations, the content of the weekly agenda. The chairman has the prerogative to establish the overall tone and direction of the commission with respect to certain policy considerations. The chairman also sits on other energy-related state boards/commissions, such as the state’s Oil and Gas Council.
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The commission makes decisions that directly impact all Missourians right where it counts: in the pocketbook. Its prime function is deciding rate cases, whereby the rates are determined that public utilities can charge. The commission makes its decision after an 11-month process that includes a thorough audit and examination of the utility’s books and records, culminating in a trial-like administrative hearing where the commissioners in effect sit as judges. These cases often involve the determination of issues worth hundreds of millions – and sometimes billions – of dollars, much of which comes directly from us as consumers. The economic stakes are high and touch virtually every household in the state. These decisions can also have significant impact on industries located in Missouri. So the decisions over which Robert Kenney now presides have significant economic development impact, both micro and macro.
Serving on this commissione requires multi-disciplinary knowledge of law, economics, accounting, engineering, auditing and public policy decision-making. It is very intellectually challenging and complex across all of these disciplines. A shrewd, no-nonsense attorney with extensive experience in the private and public sectors – before his appointment to this commission, he was Attorney General Chris Koster’s chief of staff – Robert Kenney is able and very qualified for this important position. We are absolutely certain he will hold the public welfare sacrosanct in the execution of his duties, and for this appointment the governor deserves thanks from all Missourians, regardless of race.
But it is also especially important for African Americans to see someone from our community leading our state in such a technical field where there is no substitute for intelligence, competence and attention to detail and where African Americans are sorely underrepresented. Providing our community and especially our youth with a model for African-American technical expertise and leadership is an important affirmation of the importance of inclusion at the highest levels of our government, and for that Nixon deserves our thanks.
