After nearly an eight-month wait, President Bush officially has nominated Joseph T. Kelliher to a five-year term on the Federal Energy Regulatory Commission, putting to rest persistent reports that his nomination was in jeopardy. Kelliher will replace current Commissioner Linda K. Breathitt whose term expires June 30 of this year, a White House spokeswoman said.

The White House late Thursday forwarded the nomination of Kelliher, a senior policy advisor at the Department of Energy (DOE), to the Senate Energy and Natural Resources Committee, which will schedule a confirmation hearing as the next step. “We’ve got a busy schedule in May, so it [a hearing] probably won’t be right away,” said committee spokesman Bill Wicker.

The White House announcement brings to a close months of speculation that the nomination was in trouble due to Kelliher’s ties to the embattled task force that developed the Bush administration’s national energy policy. Kelliher was dispatched by the DOE to help the task force on energy issues, although he was not a formal member.

Many believed that Bush, who announced his intent to nominate Kelliher last October, hesitated on forwarding the nomination to the Senate because the nominee would face tough questions about his task-force role as part of the confirmation process, especially from Democrats on the Senate Energy Committee. This still could happen.

“I think there will be questions” from both Democrats and Republicans on the committee on this issue, said Wicker, but “I don’t expect it to be the focus.” Kelliher is likely to face “spirited” questioning on energy issues, “but I don’t think he’ll have a lot of problems.”

If confirmed, Kelliher, a Republican, would succeed Breathitt, a Democrat, which would give Republicans a 3-to-1 majority on the Commission. This means that President Bush will have to appoint either a Democrat or Independent to the remaining vacant seat at the five-member agency. Senate Energy Chairman Jeff Bingaman (D-NM) has thrown his support behind Suedeen Kelly, a University of New Mexico law professor, to fill the post. She is a Democrat. Sen. Larry Craig (R-ID) is lobbying for Idaho regulator Marsha Smith, also a Democrat.

“There might be a deal in the offing to pair him [Kelliher] with a Democratic candidate” for FERC, said one industry source. “It would be easier if you move a Democrat and Republican [nominee] through the Senate at the same time.”

Kelliher is liked and respected on Capitol Hill and by the energy industry. In addition to DOE, he has had extensive experience on Capitol Hill, serving as majority counsel to the House Energy and Commerce Committee, a staff member to Rep. Joe Barton (R-TX), and as director of the House Republican Energy and Environmental Task Force. Prior to that, he was manager of federal affairs for Public Service Electric and Gas Co., and worked for what is now known as the Nuclear Energy Institute.

Breathitt, a Clinton appointee, has served on the Commission since November 1997. Before that, she was a member of the Kentucky Public Service Commission.

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