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Power & Pipes

FERC, CFTC, and State Energy Law Developments

The passing of Federal Energy Regulatory Commission (FERC) Commissioner and former Chair Kevin McIntyre on January 2 is noted with regret, and with sympathy for his family, colleagues, and friends.

Mr. McIntyre had served as a commissioner since December 2017 and chaired the Commission from his appointment through October 2018. While chair, he managed initiatives and proceedings ranging from the resilience of the wholesale electricity grid and pipeline certification to the safety and siting of FERC-jurisdictional LNG facilities. A recognized and respected Washington energy law figure, Mr. McIntyre had practiced energy law before federal courts, FERC, and other regulators for nearly 30 years before his Commission appointment and was both well-respected and well-liked throughout the energy bar. In statements issued by FERC Chairman Neil Chatterjee and Commissioners Cheryl LaFleur, Richard Glick, and Bernard McNamee, Mr. McIntyre was praised as a dear friend, colleague, and leader in the industry.

With his passing, FERC is now staffed by four commissioners; two Democrats and two Republicans. One Commission position expires on June 30, 2019, and the incumbent (Democratic Commissioner and former Chair Cheryl LaFleur) may hold over until the end of the first session of Congress following that date, unless she is renamed to FERC or a successor is nominated, confirmed, and commissioned.