The two nominees to open seats on FERC, Laura Swett and David LaCerte, both cleared the Senate Energy and Natural Resources Committee in largely party line votes of 12-8 in a hearing Sept. 11.
Swett is widely considered to be named the chair of FERC assuming her nomination gets through a full Senate vote. With LaCerte, the two commissioners would give President Trump a majority on FERC for the first time this term. The committee votes came just a week after Swett and LaCerte testified in another hearing. (See: Senators Focus on FERC’s Independence at Swett, LaCerte Confirmation Hearing.)
Committee Chair Mike Lee (R-Utah) said FERC has important authority that ensures a reliable and affordable energy system and that the two nominees would help get that work done.
“It performs these and many other functions that in many cases not all of us think about every day. When it performs that duty with discipline within FERC, the country prospers. When it strays from its mission, the bill lands squarely on the kitchen tables of American families. That is the gravity of the task before Ms. Swett and Mr. LaCerte. Both nominees bring with them valuable experience that can serve the commission.”
Swett has been a FERC attorney at the law firm Vinson & Elkins and has worked at the commission before, including as staff for former Chair Kevin McIntyre and former Commissioner Bernard McNamee. LaCerte lacks direct experience with FERC.
While Lee said LaCerte is qualified for the job, Ranking Member Martin Heinrich (D-N.M.) noted that FERC nominees are, by statute, supposed to be experienced on the issues before the regulator.
“The commission’s independence, its bipartisanship and its members’ expertise have always been part of its strength,” Heinrich said. “They have contributed to, rather than detracting from, the making of good energy policy, and I believe Ms. Swett has the necessary qualifications for this job.”
Normally, Heinrich said, he would have voted in favor of Swett’s nomination. He added that LaCerte lacked the qualifications for the job, saying he “does not meet the basic statutory requirements.” However, neither of them got his vote and all but one Democrat on the committee voted against the pair.
“These are not normal times,” Heinrich said. “This administration is issuing illegal stop work orders on fully permitted projects. They are creating a grid crisis. They are killing good union jobs, and they are raising electricity prices, and until they are willing to comply with the letter of the law, it will be difficult for me to support their nominations.”
The two nominees need to get approved by the entire Senate in floor votes before they can move into offices at 888 First St. NE. Sen. Lisa Murkowski (R-Alaska) asked Lee to impress on leadership the imperative of getting FERC back to a full quorum.
