Moeller Leaving FERC Oct. 30; No Replacement in Sight
Nearly five months after Commissioner Philip Moeller announced he was leaving FERC, President Obama has yet to announce a replacement.

By Rich Heidorn Jr.

WASHINGTON — FERC Commissioner Philip Moeller announced last week he will leave the commission at the end of the month although President Obama has yet to appoint his successor.

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Moeller, one of two Republicans on the five-member panel, announced in May that he would not be returning when his term expired June 30. He said that he expected to serve until his replacement was confirmed.

Nearly five months later, however, Obama has yet to name a replacement. Moeller’s extended term would end when the current session of Congress adjourns this fall.

Even if Obama were to nominate a replacement immediately, it could be months before the commission returns to full strength. Even non-controversial FERC appointees can get enmeshed in Congressional horse trading. For controversial appointees, the process can be even more tortuous.

The seat of former Chairman Jon Wellinghoff went unfilled for almost eight months after his resignation in November 2013. After Obama’s first nominee, Ron Binz, withdrew under fire from the coal industry, it was another five months before Obama named former FERC enforcement chief Norman Bay in February 2014. It took Bay five months to win confirmation on a party-line vote in July 2014.

FERC’s newest member, former Arkansas regulator Colette Honorable, was confirmed unanimously to replace Democrat John Norris after a four-month gap last year.

When Moeller announced his departure in May, speculation on his successor centered on Patrick McCormick III, chief counsel for Senate Energy and Natural Resources Committee Chairman Lisa Murkowski (R-Alaska). (See Moeller Leaving FERC.)

McCormick’s appointment could have challenged the traditional comity at FERC, given Murkowski’s opposition to Bay’s nomination.

But in light of the lengthy delay since his name was circulated, McCormick may no longer be in contention. Asked by Politico whether McCormick was under consideration, Murkowski said, “He’s a very happy man at the Senate Energy Committee. I’m sure happy having him there.”

Moeller, who was appointed by President George W. Bush in 2006, said he plans to seek employment in the energy industry.

Before joining the commission, he worked from 1997 through 2000 as an energy policy adviser to U.S. Sen. Slade Gorton (R-Wash.). Before joining Gorton’s staff, he was the staff coordinator for the Washington State Senate Committee on Energy, Utilities and Telecommunications. He also headed the D.C. office of Alliant Energy and worked in the D.C. office of Calpine.

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