President Donald Trump on July 13 announced his intent to nominate Kevin McIntyre of Virginia to be a member of FERC, for the term expiring June 30, 2018, and an additional term expiring June 30, 2023, according to a statement from the White House.
If confirmed, McIntyre – who is the co-leader of the global Energy Practice at the law firm Jones Day, where he has practiced law for most of his nearly 30-year legal career – would be designated FERC chairman, the statement noted.
According to the statement, McIntyre, who is a graduate of San Diego State University and Georgetown Law, represents “clients in all industry sectors – natural gas, conventional electricity, oil, hydropower, wind power and other renewable resources, and energy marketing and trading.”
FERC currently has only one member, Acting Chairman Cheryl LaFleur, following the June 30 departure of former FERC Commissioner Colette Honorable.
A FERC spokesperson told TransmissionHub on July 17, “Acting Chairman Cheryl LaFleur’s term ends June 30, 2019 and she has on a number of occasions indicated she plans to serve the full term.”
As TransmissionHub reported, Honorable on April 28 said that she has decided not to pursue another term at FERC. Former FERC Chairman Norman Bay resigned, effective as of Feb. 3, and prior to his resignation, there were already two vacancies at FERC, following the departures of former Commissioners Philip Moeller and Tony Clark. According to the Code of Federal Regulations, a quorum for the transaction of business consists of at least three members present. FERC in February issued an order delegating additional authority to agency staff to continue certain agency operations in the absence of a quorum of commissioners.
A FERC spokesperson on May 1 confirmed to TransmissionHub that if someone is not appointed to serve on the commission before Honorable leaves, it will be the first time in FERC’s history that the commission has only one commissioner – in this case, LaFleur.
FERC “lacks a quorum so it currently cannot act on matters that require a vote of the commissioners,” the spokesperson said.
According to a June 6 U.S. Senate Committee on Energy and Natural Resources statement posted under “Republican News,” the committee has advanced four nominees to the Senate floor, including two to be members of FERC: Neil Chatterjee and Robert Powelson.
According to a June 28 press release from the White House, which was posted on FERC’s website, Trump has announced his intent to nominate Richard Glick of Virginia to be a member of FERC for the remainder of a five-year term expiring on June 30, 2022.
The FERC spokesperson told TransmissionHub on July 17 that LaFleur has not issued any statements regarding the nominees.