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Critics of the governor say she may be legally protected from being forced to talk to the Legislature, but her refusal is a political problem for those who believe the permit handed Georgia a major competitive advantage.
"If you don't have anything to hide, then you usually welcome a conversation about an issue such as this," Sen. Vincent Sheheen, a Camden Democrat who lost to Haley in last year's gubernatorial race, told GreenvilleOnline.com.
"I think if she wants to refuse to come, she can. But I don't think that lends much credibility toward the decisions that have been made. I would hope she and her staff would engage in an above-board discussion of what actually happened and why."
Sen. Larry Grooms, a Berkeley County Republican, said he doesn't believe Haley can be forced to appear before a legislative committee. "But it's going to be a hard sale politically," he said.
Sheheen called for a Senate investigation after the state Department of Health and Environmental Control board voted recently to approve the permit.
Senate President Pro Tempore Glenn McConnell then assigned the matter to Senate Majority Leader Harvey Peeler, who also chairs the Senate Medical Affairs Committee, which has oversight of DHEC.
Peeler asked Haley and her staff to appear and testify next week amid suspicions she pushed her appointees on the DHEC board to approve the permit, which some lawmakers believe will put the port of Charleston at a distinct disadvantage.
Haley wrote in a letter to Peeler obtained by GreenvilleOnline.com that she supports the board's decision but didn't ask board members to approve the permit, only to hear Georgia's proposal.
"For obvious separation-of-powers reasons, as well as the fact that I am unaware of any prior governor participating in a legislative inquiry of this nature, I respectfully decline your invitation to attend that hearing," she wrote Peeler.
Peeler couldn't be reached Tuesday for comment.
DHEC earlier this month approved the permit from the U.S. Corps of Engineers for the deepening, which will allow bigger ships to dock in Savannah. DHEC's staff had denied the permit in September.
The DHEC approval was described at the time as a compromise because Georgia agreed to certain environmental conditions. The Savannah River Maritime Commission, on which Grooms sits, subsequently declared the DHEC vote to be invalid, and Grooms predicted the matter was headed to court.
Haley said she believes DHEC's decision was consistent with the rule of law and in the best interests of the state.
"As I understand it, DHEC only granted the requested permit after securing 50 years of financial and environmental commitments from the Army Corps of Engineers and Georgia," she said.
In her letter, Haley wrote Peeler that she believes the end result of the Savannah agreement will be added resources for the port of Charleston.
"I understand that furthering the Savannah Harbor Expansion Project will aid in securing resources needed to expand the port of Charleston," she wrote. "An expanded port of Charleston will ensure the port of Charleston remains, not just competitive, but the market leader in the region."
Grooms said Haley's comments indicate some type of deal has been struck but he has heard nothing about it. He also said the governor has appeared previously before two other Senate committees.
Neither Grooms nor Sheheen sit on the Medical Affairs Committee.
Those who do say they had no problem with Haley declining to testify.
"I'm fine with that," said Sen. Ray Clearly, a Georgetown Republican. "We'll take a look at it and see what's going on and move forward."
Sen. Mike Fair, a Greenville Republican, said he disagreed with DHEC in approving the permit.
"I'm hoping common sense and fair play will prevail," Fair said of the permit decision, explaining that Upstate residents should care about the decision because businesses in the region, including BMW and Michelin, use the port more than any other part of the state.
Fair said trying to compel Haley to testify might "be going too far," but if she didn't want to talk to the committee just because of the issue, it might be a "glitch in an otherwise harmonious relationship" with the Senate.
Sen. Kevin Bryant, an Anderson Republican, said Haley has a point in citing the separation of powers.
"I've got a lot of questions," he said. "She's offered to give the committee whatever information we want, so really that's what the thing is about, just finding out information. Whether we get it from her or her staff makes no difference to me."
Haley's spokesman, Rob Godfrey, said a Georgia fundraiser for Haley this summer had no influence on her support of the Savannah deepening project.
"Being that the governor did not make the decision -- DHEC did -- and the Atlanta fundraiser was scheduled on June 12 -- long before DHEC staff had weighed in on the issue -- and no one who donated to the governor had anything to do with the ports, the answer is pretty obviously no," he said.
