With surprising efficiency and a commendable display of bipartisanship, the US Senate on June 12-13 confirmed David Rosner, Lindsay See, and Judy Chang to the Federal Energy Regulatory Commission (FERC). Upon administrative clearances and formal swearing-in ceremonies, FERC will be restored to the full complement of five Commissioners for the first time since the departure of Chairman Rich Glick in 2022.
As one would expect from all members of independent federal agencies, Mr. Rosner, Ms. See and, Ms. Chang bring with them a variety of viewpoints based upon their backgrounds and experiences, and this presents challenges to regulated industries and stake-holders. times three. The simultaneous arrival of three new FERC Commissioners is not unprecedented. In 2006, FERC Chairman Joe Kelliher faced the same challenge of present Chairman Willie Phillips – a three-member tribunal facing the impending loss of a quorum. Chairman Kelliher publicly requested of the White House and the Senate and received the equivalent of a three-goal hockey "hat trick." The US Senate just delivered the same in 2024.
The Senate confirmation votes of June 12-13, 2024 were not on a joint, unanimous consent voice vote on all three nominees as in 2006, but instead three distinct roll call votes. Moreover, Judy Chang was confirmed to the five-year term commencing June 30, 2024, the expiration of Commissioner Clements' term, so it is not clear if the three Commissioners will assume their FERC duties at the same time. Commissioners Rosner and See may take their seats as soon as sworn in, perhaps prior to June 30.
With an energy practice that includes former senior FERC officials, including a former Commissioner, Steptoe is uniquely positioned to advise on the significance of this change. If you would like to set up a call, please contact your regular Steptoe attorney or Marc Spitzer.
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