Senate Majority Leader Trent Lott (R-MS) reportedly has refusedto sign off on a presidential recess appointment that would enableFERC Chairman James J. Hoecker to stay on at the Commission foranother year until the end of the 2001 congressional session,according to industry sources in Washington.

As it stands now Hoecker’s term ends at the close of the currentcongressional session, which has been extended until this week.There will then be only three seats filled on the five-member FERCpanel.

Hoecker has conditioned his acceptance of a recess appointmenton receiving the approvals of two Senate Republican heavyweights onCapitol Hill – Sen. Frank Murkowski (R-AK) and Lott, an industrysource said. Murkowski reportedly has agreed to sign off on arecess appointment for Hoecker, the source noted, but “Lott is notgoing to do so.”

Neither the White House nor Hoecker require the senators’blessings for a recess appointment to go through, but “he [Hoecker]is philosophically bent on getting both of their approvals beforehe does it” to avoid any ill will on Capitol Hill.

“He doesn’t need it [their approval]. But I think he doesn’twant any heat. He doesn’t want a fight” over his recessappointment, the insider noted. The Clinton administration as well,has promised Senate leaders to clear recess appointments with themin advance.

The Constitution gives the president the power to fill vacanciesthat occur during the Senate recess. Senate lawmakers generallyoppose such appointments because they don’t require theirconfirmation.

“We have no comment on the chairman’s status,” said a spokesmanat the Commission last week, when asked to confirm whether Lott hadrefused to okay Hoecker’s recess appointment. A press aide forMurkowski was unable to verify reports that the senator wasfavorable to a Hoecker recess apointment. Lott’s office failed toreturn telephone calls.

Commissioner William Massey, the senior Democrat after Hoecker,said his “working assumption is that [Hoecker] will receive arecess appointment.”

Hoecker’s appointment would extend the three-Democrat majorityinto next year, denying a potential Republican president the rightto dominate the Commission since he could only name a Republicanfor the remaining vacant slot. The then-president couldnevertheless replace Hoecker as chairman with his own choice, andhe could redress the balance issue when the next vacancy occurs.

Hoecker’s term expired at the end of June, and since then he hasbeen serving under a grace period, which ends when Congressadjourns for the year.

Susan Parker

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