President Bush Monday announced his intention to nominate Suedeen G. Kelly of New Mexico to serve on the Federal Energy Regulatory Commission. The nomination of Kelly, a Democrat, is expected to pave the way for Senate approval of Republican Joseph T. Kelliher, whose nomination has been blocked by Senate Democrats (see Daily GPI, Feb. 27).

“It’s important for the West to have a voice on this panel, and Suedeen is perfect for the job,” Sen. Jeff Bingaman (D-NM), ranking minority member of the Senate Energy and Natural Resources Committee, said following the White House announcement.

“President Bush’s announcement also is a meaningful demonstration of good faith,” Bingaman said and pledged to vote in committee Wednesday for Kelliher’s nomination to fill the other vacant seat at FERC “with the understanding and the expectation that the full Senate will confirm Joe and Suedeen simultaneously.” Bingaman had threatened to block the Republican Kelliher’s nomination unless a Democratic candidate also was nominated.

Confirmation of Kelliher alone would have weighted the panel with three Republicans and one Democrat, with the term of the lone Democrat, Commissioner Williams Massey, due to expire in June. Rules for the FERC require that no more than three of the five commissioners be from a single political party. There is nothing in the rules, however, that would force the administration’s hand in filling vacant Democratic seats. If Kelliher had been confirmed and Massey departed on schedule FERC could have proceeded with a quorum of three Republicans.

Bingaman has supported Kelly for the vacant Democratic seat. She would take the remainder of a five-year term expiring June 30, 2004. Kelly, an attorney with the firm of Modrall, Sperling, Roehl, Harris & Sisk, also is a professor of law at the University of New Mexico School of Law. She was previously a fellow at the Senate Energy and Natural Resources Committee and served as regulatory counsel for the California ISO.

Kelly graduated from the University of Rochester and has a law degree from Cornell School of Law.

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