The Senate Energy and Natural Resources Committee on Friday postponed a hearing to consider the nomination of former New Mexico regulator Suedeen G. Kelly for a seat on FERC until September, expressing concern that Kelly could face hostile questions if her confirmation hearing were held now due to the hot-button nature of ongoing negotiations over the electricity title and energy legislation. Her hearing had been scheduled for July 16.

“Our concern is the negotiations [over the energy bill and electricity amendment] will eclipse” her discussion of energy issues during the confirmation hearing, and that wouldn’t be fair to Kelly, said committee spokeswoman Marnie Funk. Or, the opposite could happen — the confirmation hearing could threaten the energy negotiations in the Senate. The fear is “one is going to preempt the other,” she noted.

The Senate is in the middle of “intense negotiations” on a universal electricity amendment to be offered in the nature of a substitute to electricity title of the comprehensive energy bill, according to Funk. Senate leaders are trying to get as many Republicans and Democrats on board, she said.

The negotiations are critical to the energy bill, which the Senate hopes to pass by the end of this month before it leaves for August recess, Funk noted. If the Senate is unable to complete the measure by then and debate spills over into September, the Senate Energy Committee will go ahead and schedule a confirmation hearing for Kelly “sometime” in September, she said.

This latest delay could pose problems for FERC down the road. The current Commission is down to three members — and one of them, Commissioner William Massey, is serving out a grace period that is due to end when Congress adjourns this year. Massey’s term expired on June 30.

Before the year is out, the Senate will have to confirm either Kelly or fellow FERC nominee, Republican Joseph T. Kelliher, to the Commission, or the agency could be without a quorum. Massey is seeking a third term at the Commission, but the White House has been silent on whether it intends to nominate him.

The nomination of Kelliher, a senior policy advisor at the Department of Energy (DOE), was voted out by the Senate Energy Committee in March, and it has been hanging in limbo ever since. Sen. Ron Wyden (D-OR) placed a hold on Kelliher’s nomination, and has vowed not to remove it until he gets “satisfactory answers” on standard market design and Pacific Northwest contract and refund issues.

“We’re clearly moving into a crisis situation on FERC appointments,” a Capitol Hill aide told NGI.

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