Getting past the Democrat-imposed roadblock Wednesday, the U.S. Senate Committee on Energy and Natural Resources finally green-lighted Republican Joseph T. Kelliher to serve on the Federal Energy Regulatory Commission. The action came after the White House earlier this week announced its intention to nominate a Democrat, Suedeen G. Kelly of New Mexico, to also serve on the Commission (see Daily GPI, March 11).

The committee approved the nomination of Kelliher by a vote of 17-2. The nominee still must be approved by the full Senate. Voting against the nomination were Sens. Ron Wyden (D-OR) and Maria Cantwell (D-WA), with Sens. Larry Craig (R-ID) and Gordon Smith (R-OR) voting present. Sen. Jon Kyl (R-AZ) abstained. Several of those failing to support the nomination said they had nothing against the nominee, but were voting in protest to FERC’s action on SMDs and hydroelectric licensing.

“Mr. Kelliher is an outstanding candidate with unparalleled credentials,” said Sen. Pete V. Domenici, (R-NM), chairman of the committee. “I am impressed by his substantive experience in all areas of FERC jurisdiction. He has broad expertise gleaned from more than 20 years of energy work in the private sector and the executive and legislative branches of government.

“I am pleased by his commitment to work closely with Congress as we address challenges in the electricity, hydropower and natural gas sectors. I am pleased with today’s vote and look forward to equally swift committee consideration of future nominees to FERC.”

Kelliher was originally nominated to FERC by President Bush on May 2, 2002, but the Senate failed to act on the nomination. Bush sent Kelliher’s nomination to the Senate a second time on Jan. 9, 2003. The committee then held a hearing on the nomination Feb. 11, 2003.

Sen. Jeff Bingaman (D-NM), the committee’s ranking minority member, pledged earlier this week to vote in committee Wednesday for Kelliher’s nomination to fill the other vacant seat at FERC “with the understanding and the expectation that the full Senate will confirm Joe and Suedeen simultaneously.” Bingaman, along with other Democrats, had threatened to block Kelliher’s nomination unless a Democratic candidate also was nominated (see Daily GPI, Feb. 27).

Confirmation of Kelliher alone would have weighted the panel with three Republicans, including Chairman Pat Wood and Commissioner Nora Brownell, and one Democrat, with the term of the lone Democrat, Commissioner Williams Massey, due to expire in June. Rules for the FERC require that no more than three of the five commissioners be from a single political party. There is nothing in the rules, however, that would force the administration’s hand in filling vacant Democratic seats. If Kelliher had been confirmed and Massey departed on schedule, FERC could have proceeded with a quorum of three Republicans.

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