In a recent turn of events, the struggle over gubernatorial versus legislative authority in North Carolina took to the courtroom, where a three-judge panel from the Superior Court delivered a resounding affirmation of State Treasurer Brad Briner's power to appoint a member to the N.C. Utilities Commission, a move that shines light on the ongoing tussle for control within the state's executive branch. As reported by the N.C. Treasurer's Office, this ruling anchors Briner's ability to nominate Donald van der Vaart to the five-member commission, set to begin his term on July 1.
The contentious law passed last December by the legislature, which pared down Gov. Josh Stein's appointment power from three to two, making room for the treasurer's new prerogative, has been a central friction point, one that drew Stein into the legal fray contesting the treasurer's freshly granted appointment power. In the same breath, Treasurer Briner lodged a motion to intervene in the lawsuit, putting forth the narrative that his role in administering the statutory appointment power was not only a necessity but one of substantial interest as it hinged upon the scope of his statutory duties, an act that the court evidently found favor with as noted in their decision.
The Utilities Commission, no stranger to the political shuffles and policy agitations typical of state bureaucracy, regulates critical services that touch on daily life—energy, telephone, and transportation services—and with van der Vaart, a former secretary of the state Department of Environmental Quality and more recently chief judge at the N.C. Office of Administrative Hearings, stepping into this influential space, his purview over these public utilities is anticipated to bring his vast experience and regulatory vision into play.
Gov. Stein's team appears prepared to continue pursuing legal or legislative action despite the court's decision supporting Treasurer Briner's new role. According to sources close to the administration, further challenges may be ahead, as these appointments have significant implications for the oversight and regulation of public utilities in North Carolina—a responsibility shared between the legislative and executive branches.
