Getting past a Democrat-imposed roadblock, the 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 last week announced its intention to nominate a Democrat, Suedeen G. Kelly of New Mexico, to also serve on the Commission.

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.

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 last week to vote in committee 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 NGI, March 3).

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.

“It’s important for the West to have a voice on this panel, and Suedeen is perfect for the job,” Bingaman said following the White House announcement. “President Bush’s announcement also is a meaningful demonstration of good faith,” Bingaman said and pledged to vote in committee for Kelliher’s nomination “with the understanding and the expectation that the full Senate will confirm Joe and Suedeen simultaneously.”

Bingaman has supported Kelly for the vacant Democratic seat. She would take the remainder of a five-year term expiring June 30, 2004. Kelly, an attorney with the firm of Modrall, Sperling, Roehl, Harris & Sisk, also is a professor of law at the University of New Mexico School of Law. She was previously a fellow at the Senate Energy and Natural Resources Committee and served as regulatory counsel for the California ISO.

Kelly graduated from the University of Rochester and has a law degree from Cornell School of Law.

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