Federal Energy Regulatory Commission (FERC) Chairman Joseph Kelliher's re-nomination hangs in the balance as the Senate attempts to conclude the first session of the 110th Congress. Kelliher must be re-confirmed by the Senate before it adjourns for the year. If that does not happen, the President could make a "recess appointment," which would only last until the end of the next session - not for a full five-year term.
In a surprise procedural move by Senate Majority Leader Harry Reid (D-NV), late last week, the Senate did not "officially" adjourn for the two week Thanksgiving recess, but, instead, stayed in "pro forma" session. This was done to block the President's ability to make recess appointments. Kelliher was not the primary reason for this unusual maneuver; it had to do with the controversial appointment of James Holsinger as surgeon general. Holsinger has met criticism from gay rights organizations and opposition from key Senate Democrats.