President Donald Trump announced on Monday his intention to nominate FERC General Counsel James Danly to fill the remaining Republican position at FERC. That position has been vacant since the untimely passing of former Chairman Kevin McIntyre.
Under FERC’s governing statute, no more than three of the five commission seats can be held by the members of a single party and FERC currently has two Republican commissioners. If Mr. Danly is confirmed as a Commissioner, FERC would have three Republican Commissioners and one Democratic Commissioner. As a result, a successful confirmation will ensure that even if a single Commissioner is recused from a proceeding or resigns as a Commissioner, FERC will continue to have a quorum and a Republican voting majority.
The nomination has not yet been submitted to the Senate and no hearings have been scheduled at this time. As a result, the timing of any potential confirmation remains unclear, as does the potential replacement of Mr. Danly as general counsel to FERC.