Ex-Dominion Lawyer's Appointment Poses Conflict, Power Line Foes Say

By Sandhya Somashekhar (Contact)

Monday, August 18, 2008

Some opponents of a 65-mile power line planned for Northern Virginia, including a congressman, are criticizing Gov. Timothy M. Kaine's choice to fill a vacancy on a state commission that oversees utilities.

Last week, Kaine (D) named Richmond lawyer James C. Dimitri to the three-judge State Corporation Commission to replace Theodore V. Morrison Jr., who retired.

Dimitri, taking his seat on the commission with a temporary appointment, will serve a full six-year term if he wins confirmation from the legislature early next year.

Kaine's choice drew outrage in some quarters because Dimitri has been representing Dominion Virginia Power in its effort to gain commission approval for the controversial line from Frederick County, Va., to Loudoun County.

Rep. Frank R. Wolf (R-Va.), a prominent opponent of the line, said yesterday that he was "shocked and angered," adding, "It's a conflict of interest, and [his name] ought to be withdrawn ... Couldn't they find an objective person?"

The commission is expected to make a decision on the power line within the next couple of months. Its judges are not required to recuse themselves in such cases, a commission spokesman said. However, state judicial conduct standards strongly suggest that judges disqualify themselves from cases in which "the judge served as a lawyer in the matter in controversy."

The Piedmont Environmental Council, which has spearheaded opposition to the line, also criticized the appointment. However, Dimitri was backed by environmental groups including the Sierra Club and the Chesapeake Climate Action Network. Representatives from the groups wrote in letters to Kaine that Dimitri is known as fair and forthright.

"Mr. Dimitri is widely respected among environmental organizations and other stakeholders committed to reducing greenhouse gas pollution and making smart investments in energy efficiency," wrote Charles Price, chairman of the Virginia chapter of the Sierra Club.

According to Kaine's office, Dimitri was an attorney for the commission before joining the Richmond firm McGuireWoods. He also was an assistant state attorney general from 1983 through 1987 and was a staff attorney at the Virginia Poverty Law Center in Richmond.

Dimitri declined through an assistant to be interviewed.

Last week, Kaine named Virginia Court of Appeals Judge LeRoy F. Millette Jr. to the Virginia Supreme Court, and he named Jan Lois Brodie, deputy Fairfax County attorney, and David S. Schell, juvenile and domestic court judge, to the Fairfax County Circuit Court.

Tagged: Dominion Power, environment, Gov. Tim Kaine, power line

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