FERC Commissioner William Massey, who was first named to the agency nearly a decade ago, signaled last week that he’s interested in pursuing another term at the Federal Energy Regulatory Commission when his current stint ends in June.

“If the president would like to promote regulatory stability at FERC, I would be honored to serve” for another term, Massey told NGI. This is a “fabulous job,” he said, adding that the issues confronting the agency have grown increasingly “more complex…and more interesting” over the years. “Throughout my career, I always have followed the path of job satisfaction.”

The sole Democrat on the Commission, Massey said he already has met with certain senators on Capitol Hill to “seek their advice and counsel” about continuing on at FERC, and “I have received a great deal of encouragement.” Democratic Sens. Dianne Feinstein of California and Maria Cantwell of Washington sent a letter last month to Senate Minority Leader Tom Daschle, supporting his re-nomination to the agency, a Cantwell aide said.

Known for his thoughtful and deliberative regulatory decisions, Massey was appointed by President Clinton in 1993, and re-nominated in 1998 for a five-year term that ends on June 30. Asked if he has gotten any signal that President Bush will support his re-nomination, Massey said, “No, none whatsoever.”

He noted he has informed Chairman Pat Wood and fellow Commissioner Nora M. Brownell about his intention to seek a third term at the agency.

In related action, the Senate Energy and Natural Resources Committee last Wednesday deferred action on the nomination of Joseph T. Kelliher for a seat on FERC until the panel’s next business meeting, which will be held in March. Committee Chairman Pete Domenici (R-NM) delayed the vote to accommodate the concerns of ranking Democrat Sen. Jeff Bingaman of New Mexico, who has signaled he will block the nomination of Kelliher, a Republican, unless the Bush White House also names a Democrat to fill the other vacant seat at the five-member Commission.

“I support filling all of the seats at FERC. It is for that reason that I will seek a vote on Joseph Kelliher at the next business meeting” of the committee, said Domenici in a press statement issued following Wednesday’s business meeting. “I am aware of no one with substantive concerns about Joseph Kelliher. Those who want to stall his nomination hope to force the administration to nominate an additional candidate to the [FERC].”

Kelliher, a senior policy adviser at the Department of Energy, is seeking the FERC seat formerly held by Commissioner Linda K. Breathitt, whose termed expired in December.

Senate Democrats are hopeful the White House will name a Democratic nominee for the open Commission post by the March business meeting. If it’s not resolved by then, “I’m sure that Jeff Bingaman will stand by his position” and oppose Kelliher, said Bill Wicker, a spokesman for Democrats on the committee. Under the Senate rules, Bingaman could place a “hold” on the Kelliher nomination when it comes before the full Senate for a vote.

Bingaman supports former New Mexico regulator Suedeen Kelly for the vacant Democratic seat at FERC, and would prefer that the Senate act on Kelliher and Kelly at the same time. The senator said the Bush administration agreed last year to move on nominations for both positions, but he noted it has since gone back on its word.

Kelly, or possibly another Democrat or Independent of Bush’s choosing, would fill the Commission seat vacated by former Chairman Curt Hebert Jr., who left the agency during the summer of 2001.

Democrats “don’t want to turn this into a big food fight,” said Wicker. They simply want the situation to get “unstuck” soon.

The addition of Kelliher alone would make for a lopsided Commission with three Republicans and one Democrat (Massey). The rules require a split, with no more than three commissioners from a single political party. If Kelliher were confirmed, there is nothing to force the president’s hand; the administration could leave the additional seat vacant and retain a 3-1 majority.

If Massey, the current lone Democrat on the Commission, is not re-nominated when his term expires in June, he still could continue to serve at FERC either until the end of 2003 or until the Senate approves a successor. A replacement for Massey would have to be either a Democrat or an Independent.

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