The U.S. Senate on Monday quickly and quietly confirmed Mark Christie and Allison Clements to FERC, restoring the commission, at least temporarily, to full strength for the first time since August 2018.
It took less than a minute Monday evening for Senate Majority Leader Mitch McConnell (R-Ky.) to bring the nominations up for a voice vote and say “aye,” with acting President pro tempore Dan Sullivan (R-Alaska) affirming their confirmation before an empty Senate chamber. The scene was a far cry from the confirmations of President Trump’s previous two nominees to the commission, with partisan bickering over Bernard McNamee (confirmed 50-49) and James Danly (52-40).
The Senate Energy and Natural Resources Committee advanced the nominees to the floor on Nov. 19. Clements, a Democrat and energy policy adviser for the Energy Foundation, fills the seat left open by the departure of Cheryl LaFleur in August 2019. Christie, a Republican and chair of the Virginia State Corporation Commission, takes the place of McNamee, who departed Sept. 4. Clements’ term ends in June 2024 and Christie’s in June 2025. (See Committee Advances FERC Nominees to Full Senate.)
Republicans could hold a 3-2 majority on the commission up to the departure of Commissioner Neil Chatterjee, whose term ends June 30. However, it is customary for the chair appointed by an outgoing administration to tender their resignation upon the inauguration of a new president. By law, FERC is limited to no more than three commissioners of the same party.
Chatterjee has previously pledged to complete his term. That means all eyes are now on Chair James Danly, whose term ends in 2023. Regardless, he will preside over at least two more open meetings: FERC has rescheduled its Jan. 21 meeting for Jan. 19, the day before Inauguration Day, after which either Clements or fellow Democrat Richard Glick will become chair. Jan. 19 is a Tuesday. FERC’s open meetings are normally held on Thursdays.
FERC has not had a full complement of commissioners since the departure of Robert Powelson in August 2018. That period, along with Powelson’s tenure, lasted only a year.
“For the first time in years, FERC will have a full, bipartisan complement of five commissioners,” American Council on Renewable Energy CEO Gregory Wetstone said in a statement. “With fresh voices from clean energy and state regulatory backgrounds, we hope this reinvigorated, independent FERC will look anew at how to achieve the long overdue regulatory reforms needed to accelerate our energy transition.”
“Congratulations to Allison Clements and Mark Christie on their confirmation votes tonight!” Glick tweeted. “I look forward to working with them and am excited we are finally back to a full five-member FERC!”
“I am delighted that our two new colleagues have been confirmed, and I look forward to working with them,” Danly said in a statement.