Pennsylvania’s Consumer Advocate Patrick Cicero — who vigorously opposed for-profit water utilities’ purchases of municipal water and sewage companies — has resigned, effective at the end of this month.
“I had hoped to remain in my position and continue to serve the people of Pennsylvania despite the open, vocal, and public campaign led by various investor-owned utilities to seek my removal,” Cicero wrote in his resignation letter, which was obtained by WESA.
The Consumer Advocate, who works within the office of the Attorney General, acts as a voice for consumers. Cicero began serving as acting Consumer Advocate in December 2021; he was confirmed by the Republican-controlled state Senate in June 2022 after being nominated by then- Attorney General Josh Shapiro. Cicero is the first Senate-confirmed Consumer Advocate since 2012.
He’s since made headlines statewide for opposing for-profit water companies purchases of municipal utilities, arguing that these deals increase water bills for consumers. And that track record has spawned complaints among some utility operators.
An investor-focused publication, Northcoast Research, in October called Cicero’s office “a legitimate thorn in the side of investor-owned water utilities,” and noted he has “ruffled lots of feathers.”
A November brief from Cleveland-based Northcoast said Attorney General-elect Dave Sunday, who takes office next week, was expected to replace Cicero “right away.”
It noted Cicero has been “holding out on settlement agreements, appealing [Public Utility Commission] decisions to Commonwealth Court, and generally being the most strident representation utility consumers have had in PA for decades.”
Sunday, a Republican, did not respond to queries sent Tuesday about efforts to remove Cicero, but did send a statement Wednesday announcing his departure. The Republican said he is seeking interested candidates for the position — and that Cicero chose not to participate in Sunday’s search process.
Sunday’s statement invited interested candidates to apply to www.SundayTransition.com.
“Having a capable, unbiased and apolitical Consumer Advocate is a priority for my administration in order to protect the interests of all consumers,” the statement said. “Its work is vital to all Pennsylvanians, especially the most vulnerable among us. I look forward to an open and transparent process that includes feedback from all interested parties and individuals.”
In his resignation letter to Sunday, Cicero said he was concerned by the choice to either reapply for the position or resign.
“It represents a troubling departure from the almost 50-year history of my office during which no Consumer Advocate has been asked to depart upon administration changes,” Cicero wrote. The industry’s openly stated opposition to him “and your decision to open the position cannot be separated,” he said. “Collectively, they challenge the integrity and independence of the office and erode the public trust in the impartiality of the regulatory process and signal a concerning shift, where public accountability and consumer protection are subordinate to corporate interests.”
Last week, a left-leaning coalition of housing, environmental, and legal-aid organizations asked the incoming AG to keep Cicero in place.
Cicero, they contended, has been an effective advocate for the state’s utility consumers — which is why, they argued, utility companies had openly lobbied for his swift replacement.
“These lobbying efforts have been on broad public display, with trade journal headlines suggesting to outside investors that you will move quickly to remove Mr. Cicero from office — replacing him with a utility-selected, pro-investor substitution who will not challenge utility proposals with the same transparency or vigor,” according to the letter from the groups, which was sent to Sunday last week.
Two of the state’s biggest investor-owned water utilities are Pennsylvania American Water and Aqua PA.
A spokesman for PA American Water said the company “has not been involved in any efforts to influence the selection or retention of the Consumer Advocate. Our focus remains on providing reliable and high-quality service to our customers, and we respect the independent processes that govern the appointment of the Consumer Advocate.”
Aqua declined comment.
