On February 29, 2024, President Joe Biden nominated three individuals to the Federal Energy Regulatory Commission (FERC or the Commission): Judy W. Chang (Democrat), David Rosner (Democrat) and Lindsay S. See (Republican). As noted in the White House announcement, “[b]y statute, the Federal Energy Regulatory Commission shall be composed of five members, with no more than three from the same political party,” and Lindsay S. See “is the nominee recommended by the Senate Minority Leader Mitch McConnell.”
If confirmed, these nominees, once seated, would return the Commission to its full complement, with three Democrats and two Republicans. FERC is currently composed of Chairman Willie L. Phillips (Democrat), Commissioner Allison Clements (Democrat) and Commissioner Mark C. Christie (Republican). As we noted recently, Commissioner Clements’ expected departure from the Commission after her first term expires in June 2024 would have pared down the Commission to two members and would have—absent a replacement by the end of the current Congressional session expected to last until the end of 2024—left FERC without a voting quorum to transact its business. FERC last went without a quorum in 2017, as discussed here, and a new “no-quorum” period, especially during an election year, would have cast significant uncertainty over the direction FERC may take on key energy issues in the coming years. Accordingly, the announcement of three nominees is welcome news.
A White House announcement includes professional biographies for the nominees, which we will not reproduce here. However, their biographies reflect extensive and diverse professional experience in energy policy, law and economics, including governmental service and in private practice and academia. Given the bipartisan slate, Senate confirmation for the trio may be smoother and less controversial than it might have been for a single Democrat nominee. But, as always, the proof will be in the voting.