Orange County Power Authority’s (OCPA) CEO Brian Probolsky will undergo a public performance evaluation at a special public meeting in two weeks, the green energy provider’s board of directors announced Oct. 25.
The agency’s general counsel Ryan Baron announced following a closed session on the matter that the board voted unanimously to conduct the evaluation, rather than appoint an acting CEO to replace Probolsky, which was originally an item on the closed meeting’s agenda.
This was the board’s second decision this year not to oust the embattled chief executive. In another closed session in June, the board opted to retain Probolsky after he filed a whistleblower complaint alleging some board members were seeking to terminate his employment. The board decided to further investigate Probolsky’s complaint.
Following the June meeting, a publicity firm released a statement for the board, announcing an independent attorney would continue an investigation into the complaint.
Probolsky filed the complaint in May, claiming Huntington Beach Councilman Dan Kalmick, who is now an OCPA board member, and the city’s Mayor Pro Tem Mike Posey, a former board member, “conspired to create a common plan and scheme” to fire him, place Kalmick on the board, and hire Posey to serve as Chief Business Officer. That’s a position, he said, neither authorized nor created by the board.
The OCPA was formed in December 2020 on a promise to provide more renewable energy options at more affordable rates to businesses and residents in Orange County in place of the region’s primary electricity provider Southern California Edison. Currently, the OCPA serves four cities—Irvine, Huntington Beach, Fullerton, and Buena Park—covering more than 38,000 business accounts and nearly 800,000 residents.
However, allegations of mismanagement and a lack of transparency have dogged the agency from the start.
State officials, including State Sen. Tom Umberg (D-Santa Ana), announced Sept. 15 the agency would be audited by the state.
Umberg was joined by State Sens. Dave Min (D-Irvine) and Josh Newman (D-Fullerton) and Assemblymembers Tom Daly (D-Anaheim), Cottie Petrie-Norris (D-Laguna Beach), and Sharon Quirk-Silva (D-Fullerton) in requesting the audit of the agency’s internal business practices.
The state legislators reported receiving multiple complaints about its operation, governance, and basic competence, according to Umberg.
The OCPA also promised to provide cheaper energy to customers, but business customers have reported rates increasing over the past half year, he said.
The California Public Utilities Commission levied a $1.96 million fine against OCPA in April for failing to purchase adequate electricity to avoid service interruption this summer and beyond.
