Even with the “full plate” of terrorist-related issues, appropriations bills and concerns about the economy before the Senate now, it should be able to act on the White House’s latest intended nominee for the Federal Energy Regulatory Commission, Joseph T. Kelliher, before it adjourns for the year, a Senate committee press aide said. At the same time, the administration’s choice of Kelliher, a senior policy advisor at the Department of Energy (DOE), received high marks on Capitol Hill and from the energy industry last week.

“There’s no reason why we wouldn’t have time to do that with the time remaining in the session,” said Bill Wicker, a spokesman for the Senate Energy and Natural Resources Committee, which will have jurisdiction over the Kelliher nomination on Capitol Hill.

Much will depend on how soon the White House can send over Kelliher’s nomination paperwork to the Senate committee, he noted, adding that would be the “initiating event.” Once that happens, the committee can schedule a confirmation hearing and a vote.

Another key factor is the amount of time left before Congress adjourns for the year, which no one knows for certain at this point. Minority Leader Trent Lott (R-MS) said last Wednesday that the Senate hoped to finish out the current session by Thanksgiving.

If the Senate fails to confirm Kelliher by then, President Bush would have the authority under the Constitution to appoint him to FERC while the Senate is out of session. Senate lawmakers generally oppose these recess appointments because they circumvent the Senate.

But sources doubt that Bush will go that route. “This is not a high-profile judgeship. The White House is not going to go out of its way to infuriate Congress,” said a legislative official for a gas trade association.

Bush announced his intent to nominate Kelliher to round out the five-member FERC last Tuesday. Kelliher, a Republican, previously had been rumored as a candidate for the FERC seat now held by Commissioner Nora Brownell, but “I think they felt he was needed more over at DOE” at the time, noted the legislative source. He will fill the seat vacated by former FERC Chairman Curt Hebert.

Kelliher is not expected to encounter any resistance at the committee level. “We know Joe Kelliher well, and there’s no reason why it [his nomination] shouldn’t go through. He’s been the administration’s go-to person on electricity. We’ve had a long, professional, productive and cordial relationship” with him, said the Senate Energy Committee’s Wicker.

Kelliher also appears to be respected by the energy industry. “He’s done a really good job over at DOE, particularly with respect to a lot of the political issues and dealing with Congress” on energy policy, said the legislative source, who has known him for more than 10 years.

In addition to DOE, Kelliher has had extensive experience on Capitol Hill, serving as majority counsel to the House Energy and Commerce Committee, a staff member to Rep. Joe Barton (R-TX) and as director of the House Republican Energy and Environmental Task Force. Prior to that, he was manager of federal affairs for Public Service Electric and Gas Co. and worked at what is now known as the Nuclear Energy Institute.

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