FERC finally has five commissioners once again after the Senate approved President Biden’s three nominees.
Democrat David Rosner and Republican Lindsay See were confirmed as the newest members of the Federal Energy Regulatory Commission on Wednesday. On Thursday, Democrat Judy Chang won the nod.
FERC is chaired by Democrat Willie Phillips. Also on the Commission are Republican Mark Christie and Democrat Allison Clements, who steps down at the end of this month.
“As I have said many times, the Commission works best when it has five members, so I look forward to welcoming them to the Commission so we can work collaboratively to ensure reliable, affordable and sustainable energy for all consumers,” Phillips said.
Rosner has been a staffer for the Senate Energy and Natural Resources Committee, chaired by Sen. Joe Manchin (I-WV). Chang is an energy economics and policy expert and formerly was the Massachusetts undersecretary of Energy and Climate Solutions. See has been the Solicitor General of West Virginia.
Former Chair Richard Glick, a Democrat, departed at the end of his term in 2022. Republican Commissioner James Danly stepped down in 2023. Since neither were replaced, and with Clements stepping down, FERC was faced with the possibility that it would lack the minimum three-person quorum to operate.
The nominations are also key with an eye to the presidential elections in November. Democrats will have a majority at FERC for the next two years. Phillips is set to step down in June 2026.
Rosner would serve until June 30, 2027, while See’s term would expire at the end of June 2028. Chang would serve until the end of June 2029.
On the Senate floor, Manchin had urged that all three nominees be confirmed.
“After meeting all three, listening to them testify, and watching them respond to senators’ questions, I am convinced that all three are willing and able to work with each other and with Chairman Phillips and Commissioner Christie on the Commission to ensure energy reliability and affordability for American consumers,” Manchin said.
The natural gas industry has long been pushing to restore a five-member Commission.
Interstate Natural Gas Association of America (INGAA) CEO Amy Andryszak said, “As an independent agency, FERC works best when it has a full complement of five commissioners to provide the regulatory certainty necessary for investment in America’s energy infrastructure.
“INGAA looks forward to continuing to work with the Commission to ensure our nation has the needed energy infrastructure to provide Americans with secure, reliable, and affordable access to natural gas, electricity and other transportation fuels.”
Other industry associations echoed the sentiment.
“A loss of quorum would eliminate the agency’s ability to approve construction of new LNG terminals and natural gas pipelines, move major electricity market rules, or perform other key functions,” according to a letter from industry organizations addressed to Senate Majority Leader Chuck Schumer (D-NY) and Minority Leader Mitch McConnell (R-KY). Industry organizations urging the confirmation included the American Gas Association, American Petroleum Institute, American Pipeline Contractors Association and the American Public Gas Association
“The loss of these functions in turn would freeze the economic growth spurred by energy infrastructure development through wages paid to local workers, expenditures at small businesses, and lower costs for families,” the groups said.
Earlier this week, FERC approved the long-delayed Mountain Valley Pipeline, a key conduit to move natural gas from Appalachia to the Southeast, and an example of the crucial decision-making at play in the regulatory body.
On Thursday, CEO Todd Snitchler of the Electric Power Supply Association, which represents companies owning power generation assets, said, “Power demand is surging, grid reliability is at risk, and market signals need to retain critical dispatchable resources and spur billions in investment to build the generating resources and infrastructure needed to meet the moment.
“FERC has no shortage of complex challenges to tackle, and it does that best with a full slate of commissioners. We are pleased to see FERC will be restored to a full roster, which will help provide regulatory certainty and the attention needed on key questions impacting our nation’s energy systems.”
