With FERC in danger of losing a voting quorum by month’s end, the Senate Energy and Natural Resources Committee on Tuesday advanced three Biden administration nominees for a full Senate vote.
Democrats David Rosner and Judy Chang, along with Republican Lindsay See, were grilled in March by the Senate committee, which is chaired by Joe Manchin (I-WV). The Federal Energy Regulatory Commission’s business meeting lasted less than 30 minutes before the nominees were affirmed.
Rosner, a staffer for the Senate Energy committee, was recommended to the president by Manchin. Chang is an energy economics and policy expert and formerly was the Massachusetts undersecretary of Energy and Climate Solutions. See, Solicitor General of West Virginia, was recommended by Senate Minority Leader Mitch McConnell (R-KY).
FERC is chaired by Democrat Willie Phillips. Also on the Commission are Republican Mark Christie and Democrat Allison Clements, who is scheduled to step down at the end of this month. Former Chair Richard Glick, a Democrat, left at the end of his term in 2022. Republican Commissioner James Danly departed in 2023. Neither were replaced.
Like Manchin, Sen. John Barrasso (R-WY), ranking member of the committee, voted in favor of all three nominees. Although Manchin offered no additional comments, Barrasso spent a few minutes sharing his concerns about what he said was FERC’s political agenda.
The Wyoming senator noted that the federal agency “is often referred to as ‘the most important agency that you’ve never heard of.’ FERC regulates the interstate transmission of electricity and the interstate transportation of oil and natural gas. It assures that rates for electric power in the wholesale market are ‘just and reasonable.’
“It oversees electric reliability. And it licenses interstate natural gas pipelines, liquefied natural gas terminals, and hydropower projects,” Barrasso said.
“By one estimate, the Commission regulates activities that account for 7% of our nation’s economy. For that reason, we must fulfill our responsibility to maintain a quorum on the Commission.”
FERC had to maintain at least a quorum, Barrasso said, as there is “too much at stake for American workers, for our energy security and for our nation’s economy…And while I may not agree with each of the nominees at all times, all of them are well qualified.”
Barrasso also took a swipe at what he said was a “purely partisan vote” last month by FERC. The Commission in a 2-1 vote, with Christie dissenting, issued Order 1920. The order could revamp the entire U.S. transmission grid. Phillips said the rulemaking would prepare grid operators for extreme climate threats and meet the challenge of growing power demand.
The “landmark order,” Barrasso said, “will dramatically change how regional electric transmission is planned and paid for. The Commission ignored the limitations of its own authority and its mission to be a non-partisan regulator. The Commission can and must do better.
“The Commission is an independent agency and a nonpartisan regulator. It is not simply an extension of the White House. It must not set its statutory mandate aside or subordinate it to the president’s political objectives.”
If affirmed by the full Senate, FERC would once again have its five-member contingent. If confirmed, Rosner would serve until June 30, 2027. See’s term would expire at the end of June 2028, with Chang serving until the end of June 2029.
Let’s Move, Says INGAA
Interstate Natural Gas Association of America (INGAA) CEO Amy Andryszak, in reaction to the vote, said, “With a pending vacancy in a couple of weeks, the agency could lose quorum, which would eliminate the Commission’s ability to approve construction of critical energy infrastructure projects, including natural gas pipelines and storage facilities.
“INGAA urges the Senate to act swiftly to avoid this loss of quorum by scheduling votes to confirm the nominations of Rosner, See and Chang with bipartisan support.”
