The White House today (Sept. 9) said President Biden intends to nominate Willie L. Phillips, the Democratic chairman of the District of Columbia Public Service Commission, to the Federal Energy Regulatory Commission, replacing Republic Neil Chatterjee. That would the Democrats a 3-2 majority on the commission. FERC has traditionally not been particularly partisan, but that has changed in recent years, particularly with the advent of the Trump administration.
The White House statement said, “As the Biden Administration works to tackle the climate crisis, advance environmental justice, and create a clean electricity grid by 2035, FERC will maintain an important role regulating the transmission of carbon-free energy across the country.”
Phillips, a lawyer, has extensive experience with electric power issues. He has been on the DCPSC since 2014 and chairman since 2018. Prior to that, he spent more than four years at the North American Electric Reliability Council, ending as assistant general counsel. Before that, he was an associate at two prominent D.C. law firms, working on energy issues.
He is a graduate of the University of Montevallo in Alabama and the Howard University School of Law in D.C. He has been active in the National Association of Regulatory Utility Commissioners and serves on the NARUC board.
Sen. Joe Manchin (D.-WV) said in a written statement, “I am pleased that the President has sent us a nominee to fill the FERC seat recently vacated by Commissioner Chatterjee. As I have said before, FERC functions best when it is fully seated with five Commissioners. I look forward to meeting with Willie Phillips and having him appear before the Senate Energy and Natural Resources Committee. Just as I do with each of the nominees that come before the Committee, I will carefully examine his record and qualifications to serve in this important role overseeing our federal energy policy.”
Greg Wetstone, head of he American Council on Renewable Energy said, “Chairman Phillips’ deep legal understanding of the issues at stake and clear recognition of the benefits that renewable energy provides our nation’s communities are encouraging. A full complement of five FERC commissioners is critical for advancing the clean energy transition. We call on the Senate to swiftly confirm this highly qualified nominee, so FERC can effectively address the transmission and power market reforms necessary to unlock America’s growing renewable energy economy.”
Politico reported that Phillips will likely join with FERC Chairman Rich Glick “in changing the implementations of the controversial Minimum Offer Price Rule in power markets to ensure that they align with state clean energy goals. The MOPR, as created by then-chair Chatterjee in 2019, was intended to undermine state subsidies of clean energy in their capacity markets.”
But his nomination could face opposition from some advocates of environmental justice, according to Politico, citing a letter from a coalition of environmental justice groups and advocates for climate change. “The coalition expressed worries that Phillips has been too deferential to the utility industry during his time as a regulator, and won’t fight for the public interest.”
Kennedy Maize
(kenmaize@gmail.com)