The refusal of the Democrat-controlled Senate Judiciary Committee to approve the nomination of Judge Charles Pickering to the federal bench last week is expected to tie up future nominations in the upper chamber for the foreseeable future, including the nomination of Joseph T. Kelliher to fill the vacancy on the Federal Energy Regulatory Commission.

As a counterblow for the vote on Pickering, Senate Minority Leader Trent Lott (R-MS) has vowed to oppose Majority Leader Tom Daschle’s (D-SD) efforts to get a former assistant confirmed to the Federal Communications Commission (FCC). The Democrats, in turn, have warned that they will block any future Republican nominations, which would include Kelliher.

“It may be a while before nominations like this get normal. The question is does [Kelliher] want to stick around that long,” remarked one observer, adding that “I have a feeling that he will.”

The White House announced its intent to nominate Kelliher, a senior policy advisor at the Department of Energy (DOE), to FERC last October. But President Bush has failed to take the second step in the process — to actually nominate Kelliher and send his nomination to the Senate Energy and Natural Resources.

At first it was believed that the administration was moving slow on all nominations in the wake of Sept. 11. “But as you head into April, it becomes obvious that there are more and more factors” for why Kelliher’s nomination has not moved to the Senate, said an industry source in Washington, DC.

In addition to Senate Democrats’ avowed opposition to Republican nominees, Kelliher’s involvement in the embattled energy task force of Vice President Dick Cheney “has caused them [the White House] to pause,” noted the source, who said he wasn’t sure if this has thrown a “permanent wrench” on Kelliher’s nomination. Kelliher was dispatched by the DOE to help the task force on energy issues, although he was not a formal member.

The Bush administration is likely to be hesitant about forwarding his nomination to the Senate because Kelliher would face questions about his role on the task force as part of his confirmation process, the source said. “They fear the Democrats will ask questions.”

Kelliher was expected to be a shoo-in for the FERC commissioner post when the White House first announced its intent to nominate him, given his experience on Capitol Hill and in the energy industry.

The re-appointment of FERC Commissioner Linda K. Breathitt to a second term also is in doubt, according to some sources. Sen. Larry Craig (R-ID) is lobbying for Idaho regulator Marsha Smith, a Democrat, to become a FERC commissioner. He wants a westerner, someone familiar with hydro issues, to be represented at the agency, the source noted.

Breathitt has wide support from the energy industry, including the endorsements of Interstate Natural Gas Association of America, the American Gas Association and the Edison Electric Institute. Breathitt’s current term expires in June, but she would be able to serve until the end of the congressional session.

Another FERC commissioner seat is expected to open up in 14 months. Commissioner William Massey, who has been at FERC for 10 years, has indicated that he will not seek re-appointment when his term expires, a source noted.

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