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Senate committee member urges quick confirmation of three FERC nominees, praises Lindsey See

Senate Committee on Energy and Natural Resources · June 4, 2024
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Summary

An unidentified committee speaker urged confirmation of three nominees to the Federal Energy Regulatory Commission to restore a quorum, highlighted nominee Lindsey See's appellate credentials, and said one nominee told him she would not treat FERC as a climate regulator.

An unidentified committee speaker urged consideration and swift confirmation of three nominees to the Federal Energy Regulatory Commission (FERC), saying the agency's ability to act on electricity and natural gas infrastructure "is too important to leave in limbo." "This morning, we're gonna consider 3 nominations to the Federal Energy Regulatory Commission," the speaker said.

The speaker framed the nominees as essential to restoring FERC's quorum and averting delays to projects that affect electricity reliability, natural gas transportation and wholesale power markets. He cited an estimate that FERC-regulated activities account for about "7% of our nation's economy" and warned that when the commission lacked a quorum in 2017 it took "7 months to restore the quorum at FERC," during which projects were put on hold.

He singled out nominee Lindsey See as particularly well qualified, noting she has spent the last seven years as solicitor general of West Virginia and has argued two cases before the U.S. Supreme Court. "If confirmed, she will bring her impressive experience working with complex statutes to the commission," the speaker said, adding that See served as executive editor of the Harvard Law Review and clerked for Judge Thomas Griffith on the U.S. Court of Appeals for the D.C. Circuit.

The speaker also criticized a recent FERC final order, calling it a "landmark order" issued "on a purely partisan vote" and saying Chairman Phillips and Commissioner Clements moved ahead "over the strong objections of Commissioner Christie." The speaker characterized that episode as evidence the commission must adhere strictly to its statutory mandate as an independent, nonpartisan regulator.

Describing a private meeting with nominee Miss Chang, the speaker said she "reiterated that she will honor and adhere to FERC's independent and nonpartisan mission" and (as he quoted her) told him "the commission's role is not to regulate greenhouse gas emissions or address climate change." He said Chang committed to encouraging abundant supplies of natural gas at reasonable prices and to avoid policies he said had driven high costs and reliability threats in her home state of Massachusetts.

The speaker concluded by saying he plans to support all three nominees, stating their addition "would improve the commission's current markup." He thanked the chairman and closed his remarks.