Three members of the nation’s top energy regulatory body, nominated by President Joe Biden and at risk of not having a quorum, were confirmed by the U.S. Senate this week.
The vote to appoint the fresh members – two Democrats and one Republican – to the Federal Energy Regulatory Commission was welcomed by industry, renewable energy advocacy groups and environmental groups alike, who said a full complement of commissioners was indispensable for the body to address challenges posed by an aging power grid, a rapidly changing energy mix and debates over natural gas infrastructure, among other pressing energy issues.
“We are pleased that FERC will be fully staffed again. This will help provide regulatory certainty and focus needed attention on the important issues affecting our nation’s energy systems,” said Todd Snitchler, president and CEO of the Electric Power Supply Association (EPSA), which represents companies that own power plants in competitive electricity markets.
“With a full complement of five commissioners, FERC can continue the important work needed to deliver reliable, affordable, clean energy to everyone in the country,” said Ted Kelly, director of pristine energy at the nonprofit Environmental Defense Fund.
FERC, which regulates interstate transmission and wholesale electricity and interstate transmission of natural gas and oil, among other things, “rarely shows up on people’s radar screens,” said Senate Majority Leader Chuck Schumer, D-N.Y. “But its mission is important. Every time you turn on the lights, touch the thermostat or see new power lines being laid, FERC’s rules, regulations (and) policies are at work.”
Leaving the seats vacant, Schumer said, “could create significant backlogs and delays, potentially slowing new projects that bring electricity to homes and cities.”
The fresh commissioners are: David Rosner, a Democrat and FERC energy industry analyst; West Virginia Attorney General Lindsay See, a Republican who led the state’s successful litigation against the Environmental Protection Agency’s carbon regulations; and Judy Chang, a Democrat, energy economist and former Massachusetts Secretary of Energy and Climate Solutions. She is also an adjunct lecturer and senior fellow at Harvard University’s Kennedy School.
They join Chairman Willie Phillps, a Democrat, and Commissioner Mark Christie, a Republican. Commissioner Allison Clements, a Democrat, announced earlier this year that she would not run for a second term. By law, FERC has five members, no more than three of whom can be from the same political party. They are appointed by the president with the “advice and consent of the Senate” and serve staggered five-year terms.
Although the commission’s Democratic majority remains intact with a 3-2 vote, at least one environmental group has criticized Rosner’s selection.
Friends of the Earth called Rosner’s ties to the fossil fuel industry “disqualifying” and criticized his work on the Senate Energy and Natural Resources Committee, which is chaired by powerful and pro-coal Sen. Joe Manchin of West Virginia, who changed his registration from Democrat to independent in May. Manchin recommended Rosner, who also previously served as a senior policy adviser at the U.S. Department of Energy and deputy director of the Bipartisan Policy Center’s energy project, for the committee seat last year, Politico’s E&E News reported. The American Energy Alliance, linked to Koch Industries, also criticized Chang’s past opposition to fresh natural gas pipelines. But for the Senate at least, the relatively polished confirmation process seemed to show that a full complement of the commission is preferable to a fight over individual nominees.
“We all know that a fully staffed FERC will make a huge difference to the work we do in this country,” Manchin told colleagues on Tuesday, adding that each of the nominees in his committee had received “extremely strong” bipartisan support.
“Each of the nominees demonstrated extensive experience in energy and legal issues, a willingness to abide by the law and work within the authority Congress has granted FERC, and a recognition that all of our nation’s energy sources play an important role in providing affordable, reliable energy to families and businesses across the country.”
Senator John Barrasso, a Wyoming Republican and ranking member of the Energy and Natural Resources Committee, pointed out that FERC was without a quorum for seven months during the Obama administration and put on hold many projects “that help keep the lights on, heat our homes and help our allies abroad.”
“Although I do not always agree with every nominee on every point, they are all highly qualified,” he said.
