On May 10, the Senate Energy and Natural Resources (ENR) Committee held a re-nomination hearing for Joseph Kelliher, Chairman of the Federal Energy Regulatory Commission (FERC). Chairman Jeff Bingaman (D-NM) and Ranking Member Pete Domenici (R-NM), along with Sens. Larry Craig (R-ID), Ken Salazar (D-CO), Craig Thomas (R-WY), Ron Wyden (D-OR), Jon Tester (D-MT), Robert Menendez (D-NJ) and Richard Burr (R-NC), questioned the Chairman and expressed various opinions on his tenure at FERC.
Republican Sens. Domenici, Craig, Thomas, and Burr expressed respect and support for Kelliher's "exemplary" service. Democrats expressed concerns on a number of issues, including deregulation, merger review, capacity markets, gas supply, and the siting of LNG facilities.
Kelliher's current term ends June 30, 2007. If the Democrat-controlled Committee does not re-confirm him by that date, the President could do so by a "recess appointment" when Congress is not in session. A recess appointment, however, would only extend his term until the end of the 110th Congress. This scenario would allow a new President to appoint a new FERC Chairman in early 2009. Given that Democrats are in the Majority, and would prefer to advance their own candidate for Chairman, this scenario is certainly possible.