DOE nominee says he has not yet reviewed administration actions on efficiency standards, pledges to advise if confirmed

A senator on the Senate Energy and Natural Resources Committee asked Benjamin Brightbill whether actions announced by the administration to eliminate certain Department of Energy energy-efficiency standards were consistent with a federal judge’s orders to update those standards.

The senator said those administration actions “will undoubtedly raise energy costs for American families” and asked, “Do you believe the actions announced by the administration are consistent with the federal judge's orders to update those standards?”

Benjamin Brightbill, the nominee for general counsel at the Department of Energy, said he has not had the opportunity to review the executive actions or the legal bases for them. “At this point, I'm not at the Department of Energy, and so I have not been advising the secretary and the program managers who are at the agency at this time regarding the actions that they've undertaken,” Brightbill said. He added that he was aware of “statutory reforms” Congress made in the early 2000s and noted those statutes allow consideration of economic factors.

Brightbill said he would review existing legal analyses if confirmed. “Should I be fortunate enough to be confirmed as the general counsel, that I will, of course, work with the existing career staff and advisers at the office of general counsel to understand their existing legal reviews, and then, advise the, secretary and the, and the program officials who are responsible for those policy decisions on their obligations under the laws and and statutes, as well as the authorities that they have,” he said.

The exchange followed the senator’s accusation that the administration’s announced elimination of standards would raise costs for households by “hundreds of dollars annually,” a figure cited by the senator during questioning. The nominee did not confirm a legal view on whether the administration’s actions complied with the referenced court orders.

The committee hearing covered both oversight questions about how DOE interprets statutes and judicial orders and whether the nominee would prioritize reviewing those analyses if confirmed. Brightbill committed to review and advise but did not announce any immediate enforcement actions.

The senator also sought assurances about timely responses to committee inquiries related to DOE programs; Brightbill said that if confirmed the department would comply with legal obligations to respond to requests for information.

The committee did not take a vote during this exchange; Brightbill’s remarks were part of his confirmation hearing.