OPUC nominee says extra funds needed to retain attorneys, cover expert witnesses

Benjamin Barkley, the governor's appointee to lead the Office of Public Utility Counsel (OPUC), testified April 14 that his agency needs additional funding to recruit and retain attorneys and to pay expert witnesses used in contested utility proceedings.

OPUC represents residential and small-commercial consumers in Public Utility Commission (PUC) proceedings and holds the statutorily designated seat for residential consumers on ERCOT's board, Barkley said. He told senators OPUC is currently involved in roughly 73 contested cases and that the officesaved Texans about $2.2 billion in utility-rate reductions in fiscal year 2024, a figure Barkley presented as part of the agencytrack record.

Barkley explained a budgetary trade-off the office faces: funds that would otherwise pay staff salaries are earmarked as encumbrances to ensure there is money for expert witnesses when needed. That dynamic, he said, reduces the office's ability to offer competitive salaries and contributes to turnover. "Our greatest need is just additional funds so that we can recruit and retain excellent attorneys to be able to litigate our cases and have expert witnesses," Barkley told the committee. He described some recent turnover as steep in certain years.

Barkley said the agency's Legislative Appropriations Request (LAR) asks for more funds for expert witnesses and higher pay to reduce salary compression among senior attorneys; he said he expects that additional funding would put the office on a stronger footing to litigate on behalf of consumers.

Disposition: The committee heard Barkleyand left the nomination pending; senators praised OPUC's willingness to meet with district offices and constituents about utility issues.