Senate Confirms 2 New FERC Energy Regulators

The Senate took action to reconcile political realities as lawmakers confirmed two new members of the Federal Energy Regulatory Commission and ordered a vote on a third new panel as early as Thursday.

Senate Majority Leader Chuck Schumer, D-N.Y., said confirming the three nominees would enable FERC to “maintain a quorum and continue its mission of providing Americans with affordable, reliable and secure energy.”

The five-member commission oversees natural gas pipelines and other energy infrastructure, including the transmission of electricity over state lines. Last month, the panel approved a long-awaited rule making it easier to transfer renewable energy such as wind and solar power to the electric grid – a key part of Biden’s goal to eliminate greenhouse gas emissions across the economy by 2050. The rule aims to strengthen the nation’s aging power grid to meet growing demand driven by massive data centers, electrification of vehicles and buildings, artificial intelligence and other applications.

Earlier this week, the agency approved Mountain Valley Pipeline’s nearly $8 billion application to begin transporting natural gas through rugged mountain slopes in West Virginia and Virginia, despite long-standing objections from environmental groups, landowners and some elected officials.

On Wednesday, the Senate approved the committee nominations of Democrat David Rosner and Republican Lindsay See for three-year and four-year terms, respectively. Senators also limited debate on Democrat Judy Chang’s nomination to five years. A final vote on Chang’s nomination to replace Democrat Allison Clements could come as early as Thursday.

If approved as expected, the vote would give Democrats a working majority on the commission until at least June 2026, when Democratic Chairman Willie Phillips’ term expires.

“A fully constituted, bipartisan FERC provides more opportunities to advance long-term, sound energy infrastructure policy,” said Senator Joe Manchin of West Virginia, an independent Democrat who chairs the Senate Energy and Natural Resources Committee.

“When it comes to a fair assessment of all interests, five heads are better than one,” Manchin said Wednesday. “Bringing together five different people, with five different life experiences and perspectives, helps ensure that all interested interests are heard and fairly considered and assessed” by the Energy Commission.

Rosner, See and Chang “are very different people, from very different backgrounds,” said Manchin, who endorsed all three nominees. “What is most important is their willingness to cooperate with each other, to consider and evaluate quite different interests and points of view, and to put aside partisan passions in favor of the public interest.”

Rosner, a former FERC official, spent the last two years on Manchin’s Democratic energy committee. See, who serves as West Virginia’s state general counsel, argued the state’s case before the Supreme Court, challenging a major ruling by the U.S. Environmental Protection Agency on plant pollution. Chang, of Massachusetts, is a former undersecretary for energy and climate solutions in the state government.

Manchin said he knew Rosner well: “I’ve seen first-hand his expertise on energy issues, his integrity, his even-handed approach to every issue we have, and his ability to work with both sides on these issues, and he’s done that tremendously.”

Manchin, a moderate who has played a key role on energy issues, called See a “very capable and experienced lawyer” who is “well qualified to serve on the committee.”

Chang, who now teaches at Harvard’s Kennedy School, led energy policy under Republican Gov. Charlie Baker. “I can’t imagine better preparation for serving on a bipartisan committee than working for a Republican administration in a very blue state,” Manchin said.

Rosner’s nomination was approved 67-27, with See’s endorsement 83-12.

Democratic Sen. Tim Kaine of Virginia opposed both nominations, saying he remained unhappy with federal approval of the Mountain Valley Pipeline, a long-time Manchin priority.

“I voted against rubber-stamping the same old people at FERC,” Kaine said in a statement.