Gov. Timothy M. Kaine has appointed James C. Dimitri, the McGuire Woods attorney who has led Dominion Virginia Power legal team bidding to build a high-voltage transmission line through Virginia’s horse country, to the State Corporation Commission.
In making the announcement, Kaine noted that Dimitri had served as senior counsel at the SCC between 1994 and 1996, and has represented numerous clients before the SCC and other regulatory agencies. The governor’s press release did not specifically mention his role in representing Dominion.
“Jimmy Dimitri has worked on utility matters before the SCC for more than 25 years,” Kaine said. “His representation of consumers, manufacturers, utilities, the Commonwealth and the commission itself has given him a complete understanding of all the challenging and important issues before the SCC.”
The appointment has drawn fire from Rep. Frank Wolf, R-10, many of whose constituents oppose the proposed construction of a high-voltage transmission line through the horse country of the northern piedmont. Dimitri is the lead attorney representing Dominion Virginia Power in the highly controversial bid. “Virginia deserves an impartial SCC that will act in the consumer interest,” Wolf wrote in a public letter to Kaine.
Normally, the General Assembly appoints the SCC judges, reports the Northern Virginia Daily. But the legislature has wrangled for three sessions over a replacement for Judge Theodore V. Morrison, Jr., forfeiting the decision to Kaine.
Kaine spokesman Gordon Hickey defended the appointment, noting that in addition to his work for Dominion and the attorney general’s office, he has also been counsel to the commission and the Virginia Poverty Law Center — often opposing utilities like Dominion. Said Hickey: “The fact is that Mr. Dimitri is unique in that he has the broadest perspective on the work of the State Corporation Commission that an individual could have.”
Bacon’s bottom line: I’m not totally buying Hickey’s argument. In his capacity as a defender of consumer interests, Dimitri may have opposed Dominion on issues like rates. But that’s a far cry from saying that he’s neutral on the many environmental issues that come before the SCC. The environmentalists/conservationist community is one key constituency that it appears Dimitri has never represented and, indeed, has actively opposed.
I haven’t received any e-mail alerts from my usual conservationist sources and I can’t find any reaction to the appointment on the Piedmont Environmental Council website, however, so it’ s possible that Dimitri is held in such high regard by everyone whose path he has crossed that he has sparked little opposition.
On the other hand, maybe the PEC and other environmentalists are so stunned by the appointment that they haven’t collected their wits enough to respond. Alternatively, even if they are dismayed, they may not want to alienate Dimitri.
Wolf is pretty tight with the PEC, so it’s conceivable that he represents a back-channel line of communication. But then again, maybe not. Wolf also mentioned Dimitri’s role in representing the Toll Road Investors Partnership in seeking rate increases for the Dulles Greenway. Hard to tell.
Environmentalists and conservationists have had a love/hate relationship with Gov. Kaine. I would be surprised if this appointment doesn’t nudge the needle closer to the hate side of the meter.