By Michael Brooks
The Senate Energy and Natural Resources Committee on Tuesday once again voted 12-8 to advance FERC General Counsel James Danly’s nomination to the commission for consideration by the full Senate.
Just as he did last November, ranking member Joe Manchin (D-W.Va.) joined Republicans in voting for Danly, who would serve a term ending in 2023. (See Danly, Brouillette Advance to Senate Floor.) And, as he did last year, Manchin voiced displeasure that President Trump had not nominated Democrats’ choice — Allison Clements, clean energy markets program director for the Energy Foundation — to fill a seat left open by the departure of Cheryl LaFleur in August.
This time, however, several senators — Ron Wyden (D-Ore.), Martin Heinrich (D-N.M.), Angus King (I-Maine) and Maria Cantwell (D-Wash.) — also expressed their frustration with the White House and what they called the politicization of FERC, referencing its recent orders on PJM’s minimum offer price rule and NYISO buyer-side mitigation as evidence.
King was particularly critical of the vote and interrupted Chair Lisa Murkowski (R-Alaska) before she could move on to an Energy Department budget hearing with Secretary Dan Brouillette.
“Madame Chair, I don’t quite understand … the way to get to the other nominee is to say ‘no’ to this one until we get the other nominee,” King said. “Why didn’t we hold and say, ‘We as a committee want both nominees together, and we’re not going to hold hearings and not going to move them until then?’” By advancing Danly alone, “there’s no incentive on the White House for putting anyone forward.”
Murkowski and King went back and forth, with Cantwell interjecting, until Manchin jumped in.
“‘No’ was the right vote for the purpose that you stated, Sen. King,” the ranking member said. He explained that he had personally assured Danly he would support his nomination with the expectation that the White House would move forward with Clements and that he did not want to go back on his word. He then committed himself to opposing any Republican nomination unless it is paired with that of Clements. Commissioner Bernard McNamee’s term ends June 30, but he has committed to staying until there is a replacement for his seat.
“I don’t care who they give me the next time, no matter how qualified that person is, I’ll make [it] known, if there isn’t a pairing, we’re not voting,” Manchin said.
As the discussion was going on, the committee’s Republican majority tweeted, “The process for filling FERC seats was designed to avoid the need to pair. That is why the terms are staggered by a year. #GetTheFacts”
ClearView Energy Partners noted that Senate Minority Leader Chuck Schumer (D-N.Y.) last year threatened to filibuster any energy legislation without a pair of FERC nominees. “That struck us as a bit of an idle threat, as no bill seemed destined for imminent floor consideration back in September,” ClearView said.
That is no longer the case after Murkowski and Manchin on Feb. 28 unveiled the 550-page, bipartisan American Energy Innovation Act. (See Murkowski, Manchin Offer Bipartisan Energy Bill.)
“We are not quite convinced that the minority leader is prepared to bring the Senate to a near stop over FERC nominations, but the option appears available to him, assuming he could hold his caucus together to maintain a filibuster,” ClearView said.
