Even though there is no open seat on the Federal Energy Regulatory Commission currently, lunch-table chatter in Washington continues to focus on the next likely candidate to join this crucial agency in an Obama administration. And the name gaining most of the traction lately is Iowa regulator John Norris, a Democrat.
FERC Commissioner Jon Wellinghoff is considered by many in the Washington energy community to be the clear front-runner to chair FERC once Obama settles into the White House. Wellinghoff, a Democrat, would take over for Chairman Joseph Kelliher, a Republican originally tapped for the commission and chairmanship by President Bush.
Kelliher will be asked to give up the gavel shortly after Obama takes office on January 20, and the new president then would designate a new chairman, a Democrat, either on an acting or permanent basis. Kelliher's term on the commission runs through June 2012, but he is expected to leave FERC early in the Obama transition.
On the five-member commission, administrative rules allow for a three-member majority reflecting the president's party, including the chairmanship. While all commissioners must go through the Senate nomination and confirmation process for their FERC seats, the chairman is simply designated by the White House in a letter setting out the president's choice. A new commissioner to replace the departing Kelliher would be a Democrat and likely would be named within days, if not hours, of the inauguration.
As a practical matter, there's no other choice but to pick someone from the commission, at least on an interim basis, because there likely won't be a vacancy until months after Obama takes office. And even if there were an open seat, it takes months to nominate and confirm a new commissioner.
Speculation about the chairmanship in recent weeks had centered on Wellinghoff and Commissioner Suedeen Kelly, the other Democrat whose patron is Senator Jeff Bingaman, who chairs the powerful Energy and Natural Resources Committee through which all new commissioners must pass.
But Wellinghoff enjoys the sponsorship of a senator who swings an even bigger gavel -- Majority Leader Harry Reid. That makes him the odds-on favorite to move to the center chair at the commission table, at least for the time being.
It's possible that someone who "comes out of the Obama campaign" or is "favored by the transition team" will be picked to take over upon confirmation so that the new president "can put his imprint" on the commission, a key energy lobbyist recently remarked. Under that scenario, Wellinghoff or Kelly would be picked as acting chair and then replaced at a later date.
That's where Norris comes in. He certainly has the background – he currently is chairman of the Iowa Utilities Board, dealing at the state level with many of the same issues that come before FERC. And he is connected. According to sources, he was involved at a very high level in the Obama campaign. And his wife Jackie has been tapped as Michelle Osama's new chief of staff. John Norris recently announced to his IUB staff that he will be leaving the board to join his wife and their three young children in Washington.
While Norris seems like a logical fit for a soon-to-be open commission seat, there probably are others out there as well making their way through the vetting process. And even if Kelliher does leave the commission early in the New Year, there may be no great rush to fill his seat. FERC has operated for lengthy periods of time with just three commissioners, so four would be no problem.
With so many nominations being pushed through the system in the early months, the FERC post may have to wait.
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