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At FERC briefing, chairman declines to discuss nonpublic probes, stresses ethics and agency independence
Summary
Chairman Sweat declined to comment on nonpublic investigations tied to Winter Storm Uri, said he consults the designated agency ethics officer as needed, and defended FERC's structural independence, citing the Department of Energy Organization Act of 1977 and the Administrative Procedure Act.
Chairman Sweat said he would not discuss any nonpublic investigations "before the commission makes them official," citing his experience as a former enforcement lawyer and the need to protect subjects of inquiries and ensure due process.
"As a former enforcement lawyer, I would not speak to any nonpublic investigations before the commission makes them official," he said in response to questions about probes related to Winter Storm Uri.
When asked about recusal from certain data-center matters, Sweat said he takes ethical obligations "very seriously" and that he and his staff consult the designated agency ethics officer, Charles Beaman, on matters that could implicate ethics issues. He indicated that when he has participated in an order, "that means that the DAO has weighed in and given me an opinion that I have adhered to."
On institutional independence, Chairman Sweat described FERC's statutory insulation from the Department of Energy and other executive-branch review, citing the Department of Energy Organization Act of 1977 and the Administrative Procedure Act as structural safeguards.
Next steps: Sweat offered to have staff follow up on what the commission can say publicly about ongoing inquiries; no public investigatory findings or recusal rulings were announced at the briefing.
