By Michael Brooks

WASHINGTON — FERC devoted most of its monthly open meeting Thursday to honoring recently deceased Commissioner Kevin McIntyre, with Chairman Neil Chatterjee delivering a lengthy, emotional eulogy that drew tears from some staff members in the audience.

Chatterjee went beyond merely praising McIntyre’s character and work at the commission. Instead, for about half the commission’s 50-minute meeting, he recalled, sometimes with a shaky voice, how he and McIntyre bonded during their time on the commission together, forming a brotherly relationship.

The chairman said that in the weeks since McIntyre’s Jan. 2 death, many people have related to him that McIntyre told them that “he loved me like a brother.”

“And that’s classic Kevin, that he would never have said those words to me directly, because he didn’t like to emote like that. He would have said something to the effect of, ‘I love you like my much shorter brother. I love you like my dark-haired brother.’

“But I’ve heard it from enough people that even though I didn’t hear it directly, I know he meant it, and I love my brother. And I am going to work with my colleagues to ensure that we execute on the legacy that he put into motion, not just for him and in his memory, but because he was an earnest public servant that genuinely wanted to do the right thing.”

McIntyre, 58, died after an 18-month battle with brain cancer. Sworn in as chair in December 2017, he relinquished the position to Chatterjee on Oct. 24 last year as his health deteriorated. (See FERC’s McIntyre Loses Cancer Battle.)

Chatterjee, who had previously served as chair for four months before McIntyre’s arrival, told of how he had felt overwhelmed by all the issues before the commission and reached out to McIntyre for advice.

According to Chatterjee, McIntyre told him over dinner, “‘Neil, I’m just a Jones Day lawyer. You are the chairman of FERC. These are your decisions to make, and it is incumbent upon you to lead. … Whatever decisions you and your colleagues make, I will work to push them forward. … Just do what you think is right; put country over party and the public good over politics, and you’ll be just fine.’”

About a month after McIntyre joined, FERC unanimously rejected the Department of Energy’s Notice of Proposed Rulemaking for the commission to order RTOs and ISOs to compensate the full operating costs of generators with 90 days of on-site fuel (RM18-1).

Collegial, Nonpartisan

Chatterjee, a former energy adviser to Senate Majority Leader Mitch McConnell (R-Ky.), has been candid about how McIntyre helped him grow professionally from being a partisan aide to independent regulator. He has said that he was initially sympathetic to the NOPR because of the aid it would provide to coal country, including his home state of Kentucky. (See Returning Chair Pledges to Protect FERC’s Independence.) As chair, he pushed for a short-term plan to rescue as many plants as possible while the commission did additional fact-finding.

At another dinner between the two after the commission’s Jan. 8, 2018, ruling, McIntyre praised Chatterjee for his leadership during his tenure as chair on the issue.

Chatterjee said he was incredulous. “I said, ‘Kevin, that’s ridiculous. I’m self-aware enough to know that I made a number of mistakes. I threw up all over myself throughout this and botched this at myriad points.’ And he said, ‘Stop. No, you did not. You were confronted with a difficult situation. The secretary of energy asked us a very complex and important question. You tried to do the right thing.’ …

“He didn’t need to do that,” Chatterjee continued. But “that is the mark of a strong leader: someone who recognized that his colleague was feeling down and went and bucked me up and said, ‘Hold your head up high, and let’s continue to move forward together.’”

The two further bonded attending Georgetown Hoyas and Washington Nationals games, and over promoting awareness of Down syndrome, which McIntyre’s youngest child has.

Chatterjee also recalled how McIntyre’s wife, Jennifer, called him the day he was promoted back to the chair. According to Chatterjee, she said, “‘I know you hate this. I know you didn’t want this, and you are wracked with guilt. Stop it. The only thing of happiness that Kevin is taking from this difficult situation is the knowledge that his friend is going to have this opportunity. … Don’t go moping around; don’t hang your head; don’t feel sorry for yourself and for us. You need to man up and lead.’”

Commissioners Cheryl LaFleur and Richard Glick also praised McIntyre, echoing Chatterjee’s remarks about his dedication to nonpartisanship and collegiality.

“Sometimes it seems kind of rote to suggest that we should take heart in an experience such as this and vow to be better people,” Glick said. “But I think we would do well to take a page from Kevin’s book and focus every day on upholding the commission’s collegial, nonpartisan tradition. The coverage in the press sometimes seems to focus on the horse-race aspect of what we do: what commissioners are voting, how we are voting, or whether there’s an ‘R’ or ‘D’ next to our name. In my opinion, that’s not an accurate picture of how the commission functioned under Kevin, or how it functions today.”

On the morning after McIntyre’s death, “there was a sharp pang of loss and that hollow feeling all around the building and in everyone you talked to,” LaFleur said, “because it was the feeling that our best and our brightest had been taken away from us.” She said she appreciated McIntyre’s legal judgment, commitment to the rule of law and his concern for FERC even while he struggled with his health. She also “loved his vocabulary. He always used his unique words that properly summed up whatever he wanted to say.”

Chatterjee concluded his speech by announcing that FERC’s main meeting room would be named in McIntyre’s honor, with details of the dedication to be announced on a later date.