Dive Brief:

• The Ohio Senate Public Utilities Committee last week voted against confirmation of Howard Petricoff, who has been seated on the state's regulatory commission since summer while awaiting final approval.
• But Columbus Business First reports Petricoff resigned in the wake of the rejection, saying "out of respect for [the Governor's] trust I see no value in subjecting his appointment of me, nor the good efforts of the [PUCO] Nominating Council, to an unfortunate outcome."
• Ohio Gov. John Kasich (R) appointed Petricoff to the Public Utilities Commission of Ohio, where he served as its only Democrat. 

Dive Insight:

Petricoff has already served months on the PUCO and there are no indications anyone thinks he isn't qualified. But rather than the ability to do the job, Ohio Republicans are pointing to his past work as an attorney with many energy companies, which could mean he is forced to recuse himself often.

Petricoff joined a large, general practice law firm in Columbus in 1982, eventually becoming a partner and directing the firm’s energy and utility practice. Several times, Petricoff served as a special assistant attorney general representing state colleges and universities with their power plants, gas pipeline systems and other utility facilities. Petricoff has also presented cases before the Supreme Court of Ohio and other courts, as well as the Federal Energy Regulatory Commission, the Ohio Power Siting Board and the PUCO.

PUCO Chairman Andre Porter resigned in May for a position in the private sector, and Kasich named Commissioner Asim Haque to fill his role, opening the vacancy for Petricoff. 

Senate President Keith Faber (R) had earlier issued a statement following Petricoff's appointment, saying Senators had expressed some concerns about his "inability to hear many of the cases pending before the commission due to conflicts of interest involving past legal work, as well as raised questions about his ability to make neutral decisions given his past activism."

While Governor Kasich expressed disappointment in Petricoff's decision to step down, his office said he is searching for a replacement.