One of the strange twists and turns of the ongoing saga over Governor Andrew Cuomo’s responsibility for the current collapse of NYC’s subway system involved a breakfast and some finger pointing at Con Edison this past summer. While I was on vacation (and subsequently recovering from a broken bone I sustained while on that vacation), this story of odd finger-pointing unfolded to a certain denouement that had Con Edison paying for some costs regarding power delivery to the MTA. It seemed strange at the time and raised eyebrows within the New York political landscape, and after a report this weekend in The Daily News, it seems that the MTA may have fudged some numbers to allow the governor to blame, and get money from, Con Edison for unrelated (or at best, quasi-related) subway performance issues.
The story goes a little something like: In July, Cuomo delivered remarks at a breakfast hosted by the Association for a Better New York in which he laid the blame for MTA performance issues on the shoulders of Con Ed. “Over the last 12 months, 32,000 delays because of power related issues,” he said of the subways, “and they can either be a power surge or power shortage, but 32,000 delays. The MTA doesn’t control the power, Con Edison does. Con Edison has a duty to safely, prudently and effectively provide electricity that powers the subway system. Con Ed is a regulated utility under the state’s Public Service Commission. April 21 after the last outage I ordered an investigation of the Con Ed infrastructure after a particularly devastating failure. The investigation goes on but PSC has already found that Con Ed must make immediate and significant improvements in this system because the reliability depends on it.”
In mid-November, Politico New York reported that Con Ed would be taking on the costs of electrical repair work required by the MTA. Marie French and Dana Rubinstein termed the whole thing an “unusual financial arrangement” that would eventually shift costs to Con Ed’s NYC and Westchester customers anyway, and no one could put a finger on why this arrangement was necessary or if it even made sense. Now it seems it does not make sense, at least not without some loose accounting. Dan Rivoli broke the news this weekend:
Internal emails obtained by the Daily News show an MTA honcho pushing staff to come up with a higher number of subway delays blamed on power issues, before Gov. Cuomo made a public show of citing problems with Con Edison as the single biggest source of disruption for riders. As the Summer of Hell was in full swing, NYC Transit brass found a creative way to make power-tied delays appear more common. They expanded the types of incidents that could be defined as power-related, including circuit failures, and emergencies — like a person on the track — where the power is intentionally cut off.
The broader definition detailed in emails from July 25 to Aug. 9 allowed the MTA to quadruple the tally of power-related delays, to 32,000 from 8,000…The real number of power delays, according to senior subways performance analyst Kyle Kirschling, was about 8,000. NYC Transit chief of staff Naomi Renek wrote an email to staff members at 6:03 a.m. on July 25, saying that she was “looking for a higher delay number for power.”
Kirschling initially appeared stumped. “I can’t think of a way to make the ConEd/External power figures higher,” he replied to Renek, NYC Transit Executive Vice President Tim Mulligan and other transit staffers. Kirschling, in a subsequent email, said Con Ed was at fault for just 3,422 of those delays.
So how did Con Ed’s responsibility increase ten-fold? As Rivoli details in his reporting, the MTA simply changed the definition of a power problem to those well beyond the scope of power delivery issues under Con Edison’s purview to bring the number up from 3400 to 32,000. He write of one particularly egregious exchange:
Cuomo’s deputy press secretary Maxwell Morgan checked in with Renek, emailing her and another governor’s aide, Maria Michalos. “Naomi, do we have the total real number of power-related delays over last 12 months? Higher than the 8k?”
Renek responded with an explanation. “The 8k is the real number of power-only incidents,” she wrote. “However, incidents coded as signal can also be power-related. We can safely say that track circuit incidents are power-related, although power is not the root cause.”
Soon, she and Morgan were hashing out how to spin the numbers to the public. “How would you massage that language?” Morgan wrote. “Could we say ‘power-related issues caused more than 32,000 delays?’ ” Renek replied that it was better to couch the numbers by saying power “caused or contributed to” the delays.
Hilariously enough, in initial comments to Rivoli, the governor’s team claimed Cuomo was only the messenger, and the MTA has vehemently defended its calculations, even claiming Con Edison is responsible in situations in which power is intentionally cut to the tracks by the agency to respond to a problem. “Are you gonna tell me power cut from the tracks is not a power-related problem?” MTA Chairman Joe Lhota said to Rivoli. (Don’t sleep either on Lhota, the MTA head, dismissing Kirschling, a six-year MTA vet, as a “bean-counter” in the Daily News piece. This has not gone over well with the rank-and-file at 2 Broadway as I’ve heard it.)
Under question later on Sunday, Cuomo repeatedly tried to shift blame to the MTA (which, for the record, he controls). “The MTA produced the numbers. The MTA says they’re accurate. I believe the MTA…I didn’t read the Daily News story. I was told about it briefly. I don’t know what the difference between power issues and power-related issues really are. You should talk to the MTA about that.”
So where does this leave everything? This is another story indicative of Cuomo’s attempts at blaming everyone else other than himself and his stewardship of the MTA for the MTA’s problems. It’s a tale of the governor’s people using downward pressure to force MTA employees to rewrite rules to make the governor look better while identifying a scapegoat dubiously responsible at best. It’s a story that demands an official investigation and again showcases how public trust in the MTA’s self-reported numbers should be essentially non-existent now. “It raises issues about accountability and it raises questions as to whether this is happening in other areas of subway performance,” John Kaehny of Reinvent Albany said to The Times on Sunday. “How far does this go?” How far, indeed.