DA: Ex-PSC candidate won’t be prosecuted for taking Georgia Power booklet
Patty Durand, a former Democratic candidate for the Public Service Commission who was arrested last fall and accused of stealing a booklet of “trade secrets” belonging to Georgia Power, won’t be prosecuted further for the incident.
Fulton County District Attorney Fani Willis notified Fulton Superior Court of her decision Wednesday, saying there was “insufficient” evidence to prosecute Durand on a theft of trade secrets charge, a felony. The filing brings to an end an unusual saga that shocked Georgia’s political world after cameras captured Durand enter the PSC hearing room during a recess before taking the booklet from the commission’s downtown Atlanta offices.
The DA’s investigation concluded that only a small portion of the materials Durand took were confidential, and that Georgia Power conceded it did not suffer any financial harm as a result, according to Willis’ notice to the court.
Willis also declined to pursue a lesser, misdemeanor charge of theft by taking, citing Durand’s lack of a prior criminal record, her recent completion of 40 hours of community service, and other steps she’s taken since her arrest.
“Under the totality of the circumstances, continued prosecution would not serve the interests of justice and is therefore not warranted,” Willis wrote in her notice to the court.
The episode that led to Durand’s arrest occurred in October at the PSC’s headquarters during a break in a public hearing involving Georgia Power.
While the hearing was in recess for lunch, cameras in the room captured Durand picking up a booklet labeled “Georgia Power trade secrets” from a table used by the utility’s attorneys. After briefly flipping through the spiral-bound notebook, video showed Durand placing the materials in her purse and then exiting the room.
After she was contacted by Georgia Power, Durand returned the materials hours later to company representatives near the State Capitol, according to a Georgia State Patrol incident report. She was then placed under arrest and spent roughly 42 hours at the Fulton County Jail. Durand was released after posting $10,000 bail.
In her decision not to prosecute the case, Willis noted that the same notebook Durand took had been “within arm’s reach” of several other people in the hearing room throughout the day. Willis also seemed to cast some blame on Georgia Power, noting her investigation learned two individuals tasked with keeping an eye on the “trade secret” materials in the hearing room also were not paying attention when it was taken.
Though Durand was not a candidate for either of the two PSC seats that were on ballots last fall at the time of her arrest, the incident shook up Georgia politics in the final days of the hotly-contested races.
Durand, a longtime and vocal critic of Georgia Power and the PSC, told The Atlanta Journal-Constitution Thursday she was “pleased” with the outcome in her case but “remains committed to the need for more transparency and accountability” at the commission.
“The lack of transparency is systemic, ongoing and continues to harm Georgia Power customers,” Durand said. “It’s wrong and it needs to end.”
Durand has long criticized Georgia Power for concealing information under the cloak of trade secret about various initiatives and requests of state regulators.
Asked about the DA’s decision not to prosecute Durand, a Georgia Power spokesman pointed to the company’s earlier comments about the incident.
“Theft or exposure of proprietary information is a serious matter. While we operate transparently, some data must remain confidential to protect customer interests and ensure we deliver the best value to all customers. Unauthorized disclosure risks harming both our company, the vendors and contractors with whom we do business, and the customers we serve,” the company said.
PSC spokesman Tom Krause declined to comment on the matter.
About the Author
Drew Kann is a reporter at The Atlanta Journal-Constitution covering climate change and environmental issues. His passion is for stories that capture how humans are responding to a changing environment. He is a proud graduate of the University of Georgia and Northwestern University, and prior to joining the AJC, he held various roles at CNN.
