The U.S. Senate voted Oct. 7 to approve Laura Swett and David LaCerte to the open seats on FERC, in a package with more than 100 other nominees from around the federal government in a party-line vote of 51-47.

While former Chair Mark Christie was a nominee from President Donald Trump’s first term, the votes give the president nominees on the commission for the first time in his second term. Swett’s term runs until June 30, 2030, while LaCerte was nominated to fill the remainder of former Chair Willie Phillips’ term, which ends on June 30, 2026.

The vote comes less than a month after the nominees cleared the Senate Energy and Natural Resources Committee on a largely party-line vote, after a hearing in which a frequent topic was the future of FERC as an independent agency. (See Swett and LaCerte Nominations Clear Committee on Party Line Votes.)

The issue of whether independent regulatory agencies are constitutional is working its way through the courts, and the Supreme Court has indicated it is likely to overturn their legal precedent. (See Will the Supreme Court End FERC’s Independence?)

The Senate confirmed Swett and LaCerte, along with 105 other nominees, under new rules instituted by the Republican majority this year that allow for a simple majority vote on a batch of picks for sub-Cabinet-level, non-judicial posts. Under the old rules, such nominations could advance as a group by unanimous consent or voice vote, but a single senator could block the motion. It marked the second time the majority used the new rules to confirm a batch of Trump’s nominees after it grew frustrated by Democratic stalling.

Swett and LaCerte still need to be officially sworn in, and it then usually takes some time for new commissioners to set up their offices before they start voting on orders. With the federal government shut down because of a funding impasse, it is unclear how long that will take.

Swett is an energy lawyer at Vinson & Elkins, where she has worked since February 2023. She worked at FERC from 2014 to 2019, first in the Office of Enforcement and then as an adviser to Chair Kevin McIntyre and Commissioner Bernard McNamee.

LaCerte is senior adviser to the director of the Office of Personnel Management. He served in the Marine Corps and as secretary of the Louisiana Department of Veterans Affairs.

Reactions

Groups that do business before the commission were quick to welcome the nominees’ confirmations with statements after the vote.

Electric Power Supply Association CEO Todd Snitchler said the group looked forward to working with the two nominees once they take office, especially on the all-important issues of meeting growing demand and maintaining reliability.

“Long-term investment requires confidence in the rules of the road,” Snitchler said. “That’s why steady federal oversight is critical. Reducing uncertainty and ensuring that competitive auctions are run regularly, fairly and transparently will help unlock the private capital needed to strengthen our grid, support economic growth and meet rising demand from manufacturing, electrification and AI.”

Snitchler added that EPSA welcomes “their commitment to maintaining FERC’s independence, while focusing on reliability, affordability and fair, competitive outcomes,” which is vital to attract investment.

Americans for a Clean Energy Grid also welcomed their confirmation with a statement from Executive Director Christina Hayes.

“As they each recognized in their confirmation hearings, building out our nation’s transmission infrastructure is critical to meeting the energy demand challenges presented by artificial intelligence, data centers and advanced manufacturing,” Hayes said. “FERC serves a vital role in meeting that moment, and we look forward to working with both commissioners to advance common-sense solutions to promote transmission’s role in the American energy dominance agenda through a reliable, affordable and resilient energy grid.”

The Sierra Club struck a different tone, expressing concern that the Senate had approved two nominees that are aligned with Project 2025.

“We are disappointed that the Senate confirmed these new commissioners who have such deep ties to the fossil fuel industry,” Sierra Club Beyond Fossil Fuels Policy Director Mahyar Sorour said in a statement. “We will be watching FERC closely moving forward on behalf of American energy consumers who deserve clean, affordable access to energy.”