SCC Term Bill Could Break Deadlock on Vacancies

SCC Commissioner Jehmal T. Hudson

By Steve Haner

A Northern Virginia state senator has introduced legislation to change the terms of the members of the State Corporation Commission, perhaps creating a path to compromise on picking two or more new judges. Political deadlock between the Republican-controlled House and Democratic-controlled Senate has stalemated that process for more than a year.

Democratic Senator Scott Surovell’s Senate Bill 1482 gives new commission members full six-year terms.  Without that, the two vacancies are for unexpired terms of one and five years, leaving the new members vulnerable to a change in the political wind after less than a full term. The discrepancy gives the two parties something else to argue about, so Surovell levels that field.

His bill also creates a fourth seat on the court, for as close observers know the SCC really is a court of record and operates its process and hearings as a court.  The Virginia Constitution allows for up to five members. As the bill now stands, however, that fourth seat, if filled, would not be permanent. The next vacancy would not be filled, returning the court to three members.

Update: Here’s another hopeful sign. There is a House version, introduced by Delegate Kathy Byron, R-Campbell, who chairs House Commerce and Energy.

The bill was introduced Wednesday, after the initial bill filing deadline. It is pending in the Senate Labor and Commerce Committee, which is also the body that does the open interviews of candidates for the SCC.  Candidates also concentrate on private meetings with legislators behind closed doors.

The single active SCC judge is Jehmal T. Hudson, who came to the SCC after working for the Federal Energy Regulatory Commission. One current seat came open in 2022, when the Republican majority in the House decided not to re-elect Angela Navarro. A second seat is now open because of the early retirement of Judith Jagdmann, who had also served as Attorney General of Virginia.

The deadlock also caused the Virginia Senate to remain in session all through 2022 so Governor Glenn Youngkin (R) would not have an opportunity to make a recess appointment.

Perhaps Surovell’s effort to erase a couple of the roadblocks will allow the rational folks in both political caucuses to come to a deal. Partisanship and issue debates aside, the key qualifications should be a willingness to give all parties a fair hearing and to make decisions firmly based on law and precedent. There certainly are people in both parties, and people on both sides of the killer issues of the day, who fit that bill.


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Comments

10 responses to “SCC Term Bill Could Break Deadlock on Vacancies”

  1. Virginia Gentleman Avatar
    Virginia Gentleman

    Great idea … we need more of these type of creative solutions.

    1. Stephen Haner Avatar
      Stephen Haner

      Scott has his moments. I’ve since learned there is a companion House bill so perhaps not his idea after all! Whatever, good bill.

  2. f/k/a_tmtfairfax Avatar
    f/k/a_tmtfairfax

    This isn’t rocket science. Let the Senate pick one commissioner and the House pick another. And both houses agree to confirm both.

    1. LarrytheG Avatar

      I won’t fly if the terms are different. That’s the problem unless they agree to a compromise fix.

      1. f/k/a_tmtfairfax Avatar
        f/k/a_tmtfairfax

        I assumed the 6-year terms for both seats.

        1. LarrytheG Avatar

          Currently, one is for the unexpired term of the one who just resigned.

          1. f/k/a_tmtfairfax Avatar
            f/k/a_tmtfairfax

            Pass the bill making both terms six years and then the Democrats in the Senate pick one and the Republicans in the House pick the other.

  3. William O'Keefe Avatar
    William O’Keefe

    This should not be that hard. There must be a number of different ways to make sure that SCC slots are filled and terms staggered. The Ds and Rs simply have to agree that filling these positions is important. Obviously, they like the idea of indirectly constraining the ability of the SCC to act.

    1. Stephen Haner Avatar
      Stephen Haner

      First, the Democrats yanked Patricia West from the panel without even the courtesy of an interview to let her ask for a second term. Then the R’s did the same to Navarro, but with the courtesy of an interview, at least. Neither was a moment of glory for the process. But time heals wounds?

  4. Stephen Haner Avatar
    Stephen Haner

    On another tangent, picked up this tidbit yesterday because for the first time since March 2020 I actually went to the General Assembly Building for the day, and sat in the House Commerce and Energy meeting (look for me on the tape. 🙂 Those who think you can keep up with this virtually are kidding themselves. You gotta be on the ground. But I left thinking of all the stories still unwritten that I saw around me. The press corps is just decimated, more than decimated. Is “semimated” the term for losing half the membership? It is probably even more than half lower than just a few years ago….

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