The Senate Energy and Natural Resources Committee by voice vote has approved the nominations of a Republican and a Democrat to two vacant positions on the Federal Energy Regulatory Commission. That clears the way for a Senate confirmation vote before the end of the Trump administration.
The action allows a floor vote on the paired nominations of Republican Mark Christie, replacing departed commissioner Bernie McAntee, and Democrat Allison Clements, replacing Democrat Cheryl LaFleur. Christie’s term would last until June 30, 2025, while Clements’ term would end June 30, 2024. Barring resignations, Republican James Danly’s term ends June 30, 2023, Republican Neil Chatterjee’s term ends June 30, 2021, and Democrat Richard Glick’s term also ends in 2021.
Confirmation would give FERC a full 3-2 Republican majority for at least a few months, although a Biden White House would likely name one of the two Democrats as the chairman.
It’s unclear if the Senate will act on the FERC nominees before the current Congress expires. There is little pressure on the Senate Republican majority to move the relatively noncontroversial nominations to confirmation. In the energy committee, Sen. John Barrasso (R-Wyo.) and four other Republicans voted against the Clements nomination. She is an energy lawyer who has worked for environment groups including the Natural Resources Defense Council and the Rocky Mountain Institute.
Sen Mazie Hirono (D-Hawaii) voted against Christie, who is currently the chairman of the Virginia State Corporation Commission, the state’s utility regulatory body.
If both are confirmed, it will fill out the long attenuated five-member FERC, which now has only three members and spent a period during 2017 without a three-member quorum. As S&P Global noted, Barrasso may prevent the paired nominations from getting a floor vote. Sen. John Hoeven (R-N.D.), who also voted against Clements, may also move to prevent a floor vote. He’s pushing FERC to adopt a coal-centric approach to its rules.
In a related development, Barrasso has made it clear he wants to succeed moderate Republican Lisa Murkowski (R-Alaska) as chairman of the committee if Republican control of the Senate after the two Georgia runoff elections in January. Murkowski has to step down because of Republican term limit rules. Barrasso is the second in line in seniority on the energy committee. He would have to give up the chairmanship of the Senate Environment and Public Works Committee. Wyoming is the nation’s leading coal-producing state.
In a statement, Barrasso said, “Wyoming has been represented on the Senate Energy Committee continuously since 1899. Former Wyoming Sens. Wallop, Hansen, O’Mahoney and Kendrick all led the committee at some time over the last century. It will be an honor to continue this tradition of Wyoming leadership.”
— Kennedy Maize