The Senate Energy and Natural Resources Committee last Wednesday voted out the nomination of FERC Commissioner Suedeen Kelly to a five-year term on the Commission, but it may face some difficulty in the full Senate.

Eleven committee members voted in favor of Kelly’s nomination, while two senators — Larry E. Craig (R-ID) and Conrad Burns (R-MT) — voted present. Craig indicated that he plans to place a hold on her nomination when it reaches the Senate floor, which would prevent senators from confirming her until his concerns are addressed.

A spokeswoman for Burns said the senator voted “present” in support of Craig, but he did not intend to impose a hold on Kelly’s nomination.

Craig is taking this action against Kelly, a Democrat, “because we’d like to have a couple of votes on our Republican nominees” on the Senate floor, said spokesman Dan Whiting. The senator specifically wants votes on the Republican nominations of William Meyers to the Ninth Circuit Court of Appeals and Al Lance to the Veterans Court of Appeals.

Kelly, who joined the Commission last November, currently is serving out the remainder of a term that will expire at the end of the month. In April, the White House nominated her for a full five-year term that would expire on June 30, 2009.

If Craig keeps the hold on past the end of June, Kelly can continue serving on the Federal Energy Regulatory Commission under a grace period that would run until Congress adjourns for the year.

Kelly is the sole Democrat on the Commission, serving with Republicans Chairman Patrick Wood, Commissioner Nora Brownell and Commissioner Joseph Kelliher.

Before joining FERC last year, Kelly was an attorney in New Mexico and a professor of law at the University of New Mexico School of Law.

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