The balance of power within North Carolina’s executive branch witnessed a significant development as the state’s appellate court upheld a pivotal law. This ruling supports the state treasurer’s newfound authority to appoint a member to the North Carolina Utilities Commission, a role traditionally held by the governor.
“This is another affirmation that executive branch functions do not sit solely with the governor here in North Carolina. The entire Council of State is duly elected by all citizens of the state to carry out executive roles and responsibilities independent of the governor,” stated Treasurer Brad Briner.
In 2024, the General Assembly enacted a law allowing the state treasurer to appoint one member to the Utilities Commission, subject to legislative approval. Governor Josh Stein contested this change, arguing it was unconstitutional. However, the Court of Appeals has now declared the adjustment to appointment powers as constitutional, dismissing the governor’s objections.
Earlier this year, Treasurer Briner nominated Donald van der Vaart to the commission, and his appointment was subsequently ratified by both the House and Senate. Van der Vaart’s term officially commenced on July 1. The Utilities Commission plays a vital role in regulating the rates and services of investor-owned public utilities, encompassing sectors such as energy, telecommunications, and transportation.
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