Treasurer Briner Applauds N.C. Court of Appeals Decision Affirming Utilities Commission Appointment

North’s Carolina’s appellate court agreed with a lower court ruling today, affirming a state law which allows the state treasurer to make an appointment to the North Carolina Utilities Commission. This appointment previously had been granted to 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,” said Treasurer Brad Briner. 

A law approved by the General Assembly in 2024 granted the state treasurer the ability to appoint one member of the Utilities Commission, who would then need legislative approval. Gov. Josh Stein challenged this change, saying it violated the state constitution. Today, the Court of Appeals found the change in appointment authority to be constitutional and rejected all of the governor’s challenges. 

Treasurer Briner nominated Donald van der Vaart to the five-member Utilities Commission in April. The appointment was confirmed by the House and Senate, and his term began July 1. The commission regulates the rates and services of investor-owned public utilities, including energy, telephone and transportation services.