FERC Chairman Neil Chatterjee, who has long been rumored to have political ambitions, floated a trial balloon last week on a potential run in the 2021 Virginia gubernatorial race.

Chatterjee created a Facebook group titled, “Hypothetical: Draft Neil Chatterjee for Virginia Governor 2021” on May 16. The page — which features a photo of Chatterjee in the commission meeting room, wielding a gavel and wearing a Washington Nationals baseball cap — had attracted almost 300 members as of Tuesday.

Chatterjee, a Kentucky native, joined the commission in August 2017 after serving as Senate Majority Leader Mitch McConnell’s (R-Ky.) energy adviser.

“Does this mean you won’t be a lieutenant [governor] candidate for Kentucky in 2023?” asked one member on the Facebook page.

“Love, love, love Kentucky,” Chatterjee responded. “But [I] have been living in Virginia for almost 20 years.”

“I will not make any decisions about my future until after the completion of my term at the commission,” Chatterjee said through a FERC spokesperson in response to questions from RTO Insider. “While I appreciate the kind and encouraging responses, this was a lighthearted post to social media. All kidding aside, I take my role as chairman of the commission very seriously. I have been and will continue to be accountable to the staff, to my colleagues, to the courts and to the free press.”

The filing deadline for the primary is April 25, 2021, more than two months before Chatterjee’s FERC term expires on June 30.

But Chatterjee would need to make a decision well before April. According to the Virginia Department of Elections, gubernatorial candidates must obtain 10,000 signatures (at least 400 from each congressional district) to get on the ballot. (The filing deadline for independent candidates is June 8, 2021.)

Hatch Act

If Chatterjee decides to move forward with a campaign, he will be governed by the Hatch Act, which prohibits federal employees from seeking public office in a partisan election or soliciting or accepting political contributions.

The law is intended “to ensure that federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation,” according to U.S. Office of Special Counsel. ​​

The Field

Chatterjee could face a crowded field if he decides to run to replace Gov. Ralph Northam (D), who is prohibited by the state constitution from seeking re-election.

State Sen. Amanda Chase has announced her candidacy for the Republican nomination, and several other present and former elected officials, including former U.S. Rep. Barbara Comstock, have been named as potential candidates.

Former Gov. Terry McAuliffe, Attorney General Mark R. Herring and Lt. Gov. Justin Fairfax have expressed interest in seeking the Democratic nomination.

“Lighthearted” or not, Chatterjee’s flirtation means his future actions as chairman will be viewed by at least some through a partisan lens.

Some renewable energy supporters have cited Chatterjee’s support of an expanded minimum offer price rule in PJM as evidence that he is supporting President Trump’s pro-coal agenda. Chatterjee has denied the charge, saying he is merely ensuring a “level playing field” for fossil fuel resources in response to state renewable energy subsidies.

Chatterjee and fellow Republican Commissioner Bernard McNamee have regularly clashed with Democratic Commissioner Richard Glick over their refusal to consider greenhouse gas emissions in rulings on natural gas pipelines and LNG export facilities.

On May 12, Chatterjee sent a letter rejecting Herring’s call for a moratorium on new gas pipeline approvals in Virginia during the coronavirus pandemic. “The public’s need for strong energy infrastructure is not lessened by this pandemic,” Chatterjee said in the letter, which he tweeted about. “It is imperative that the commission continue to operate as close to normal as possible, so that the energy sector is well-positioned to contribute not only to Virginia’s economy but also to the nation’s economy as a whole.”

Climate activist Drew Hudson, of Friends of the Earth, tweeted that if Chatterjee runs “he’ll be a joke — but it will not be funny.” Hudson said the chairman “personally ordered pipelines to take land from Virginia landowners, denied [their] appeals for rehearing, and threatened their homes and lives in the process.”

Before his time on McConnell’s staff, Chatterjee worked in government relations for the National Rural Electric Cooperative Association, as an aide to House Republican Conference Chairwoman Deborah Pryce (Ohio) and as a staff member on the House Committee on Ways and Means.

Chatterjee served as FERC chairman from August to December 2017 when he was replaced by Kevin McIntyre. He returned to the chairmanship in October 2018 when McIntyre, fighting cancer, relinquished the post.

In October 2017, Chatterjee praised then-Energy Secretary Rick Perry’s “bold leadership” in calling for price supports for coal and nuclear plants. Chatterjee joined in a unanimous vote rejecting Perry’s Notice of Proposed Rulemaking in January 2018.

In returning to the chairmanship, Chatterjee credited McIntyre for helping him grow “from [a] formerly partisan legislative aide to independent regulator.” (See Returning Chair Pledges to Protect FERC’s Independence.) McIntyre died in January 2019.