By Tom Kleckner

DES MOINES, Iowa — With the U.S. Senate bolting from D.C. on Friday for a five-week recess, it’s becoming apparent that FERC will be operating with only three commissioners until at least well into September, according to a lawyer with the agency.

Patrick Clarey, a FERC attorney and liaison to SPP, told stakeholders Monday that a lack of paperwork from the White House suggests the commission may be at “three [commissioners] for a bit.”

FERC will soon find itself two short of a full panel when Commissioner Cheryl LaFleur, who has been on the commission for nine years, retires at the end of this month. (See FERC Heaps Praise on Departing LaFleur.) The fifth seat has been open since the death of Commissioner Kevin McIntyre in January.

The vacancies have drawn the attention of Sen. Joe Manchin (D-W.Va.), ranking member of the Energy and Natural Resources Committee. In a statement released by his press secretary Tuesday, Manchin urged the Trump administration to simultaneously nominate two individuals, one Republican and one Democrat, to fill the empty seats.

“FERC was established as a five-member commission and has historically operated above the political fray,” the statement read. “In today’s changing energy environment, it has never been more important to the security of our nation to maintain this precedent. I urge President Trump to nominate two individuals … so the Senate can consider and confirm them together in the bipartisan manner that has become the norm and restore a fully functioning commission.”

The White House has yet to submit a nominee replacing McIntyre. FERC can have no more than three commissioners from the same political party, with the president’s party holding the advantage. Traditionally, the Senate caucus for the party not holding the White House recommends its party’s nominations to the president, who usually complies.

The commission will continue to have a quorum with Chairman Neil Chatterjee and Commissioner Bernard McNamee, both Republicans, along with Democratic Commissioner Richard Glick.

Chatterjee has the most seniority, having been confirmed in August 2017. He became chairman last October, when McIntyre had to step down as his illness worsened. Glick was confirmed in November 2017 and McNamee last December.

FERC operated without a quorum for six months in 2017 before the confirmation of Chatterjee and Robert Powelson, who left the commission in August 2018.