Senate Energy Committee Chairman Jeff Bingaman (D-NM) is backing Suedeen Kelly, a University of New Mexico law professor, to fill the next Democratic opening on the Federal Energy Regulatory Commission, which could come as early as June. The re-appointment by President Bush of Commissioner Linda Breathitt, a Democrat whose term is set to expire at the end of June, remains somewhat uncertain at this point.

Bingaman signaled that he already has forwarded the recommendation of Kelly to Senate Majority Leader Tom Daschle (D-SD), who he said will work with the Bush administration to fill the FERC Commissioner spot that reportedly will open in June. “Bingaman believes FERC needs greater representation from the West,” said a spokesman for the Senate Energy and Natural Resources Committee.

But Breathitt apparently isn’t ready to exit the Commission yet. “She would like to continue…she is pursuing that,” said a source within FERC, although she realizes that “it really is up to Sen. Daschle” to recommend the nominee to the White House. Breathitt “has not conveyed to me” whether she has been in contact with the Bush administration about her future at the agency.

Bingaman “has known Kelly for a long time,” the committee spokesman noted, adding that he believes she is the most qualified candidate for the job. She was chairwoman of the New Mexico Public Utilities Commission (PUC) from 1984-1986; a PUC commissioner from 1983-1984; and an attorney in the public utilities division of the New Mexico Attorney General’s office from 1982-1983. Currently, Kelly teaches Energy Law, Public Utility Regulation, Legislative Process and Administrative Law, and Administrative Practice at the University of New Mexico.

Bingaman’s recommendation for a FERC appointee “will carry a little more weight” than other candidates that have been mentioned simply because he is chairman of the Senate Energy Committee, the spokesman for the panel said. Sen. Larry Craig (R-ID) is lobbying for Idaho regulator Marsha Smith, a Democrat, to replace Breathitt when her term expires. He wants a westerner familiar with hydro issues to be represented at the agency.

Breathitt has received wide support from the energy industry for another term at FERC, including endorsements from the Interstate Natural Gas Association of America, the American Gas Association and the Edison Electric Institute. Assuming Breathitt is not re-nominated when her term expires in June and no one is confirmed to fill her place, she could continue to serve on the Commission until the end of the current congressional session.

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