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[Page S1716]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Nomination of James P. Danly
Ms. MURKOWSKI. Mr. President, I have come to the floor this morning
to speak in support of the nomination of Mr. James Danly to serve on
the Federal Energy Regulatory Commission. Mr. Danly has been nominated
for the remainder of a term that runs through June 30, 2023, and for a
seat that has been open now since former Chairman Kevin McIntyre
tragically passed away from brain cancer about 14 months ago.
For those who don't follow the day-to-day of energy policy, FERC is
an independent agency within the Department of Energy. It regulates
electricity, hydropower, natural gas, and oil pipeline industries. In
my view, FERC is one of those very, very important entities. FERC plays
a critical role in keeping the lights on and ensuring the delivery of
reliable, safe, and affordable energy to America's homes and
businesses.
Mr. Danly has an impressive academic and professional background. He
is a veteran, having served two tours of duty with the Army in Iraq,
where he received a Bronze Star and a Purple Heart, and played a key
role in executing counterinsurgency efforts during the surge.
After his career with the Army, Mr. Danly chose to pursue a very
different career as a FERC attorney, first practicing at a major law
firm and most recently serving as FERC's general counsel for the past
2\1/2\ years now.
Mr. Danly's time at the FERC has been very productive. He has my
strong support to be a Commissioner. This is the type of individual who
knows his stuff, who has a great grasp and a keen understanding of
these energy-related matters. He is well qualified and has a deep
understanding of the issues that will come before him. He understands
FERC's mission as an independent and an impartial regulator.
Despite Mr. Danly's very impressive qualifications and experience, I
am disappointed that some of my colleagues have indicated they will
oppose his nomination simply because he isn't nominated alongside a
Democratic candidate. So they will acknowledge that he has strong
qualifications, that he has the expertise and the experience, but they
are opposing him because they are saying he needs to be nominated
alongside a Democrat. To me, opposing nominees on that basis alone is
very troubling.
It is also incorrect to characterize pairing FERC nominees as the
norm. I think Members should recognize that FERC is set up first and
foremost to avoid the need for pairings. We passed a law in Congress in
1990 to stagger the five Commissioners' terms by 1 year each. So if
nominees are sent to the Senate in a timely manner and stay in office,
we would never need to pair them.
Also contrary to what some have suggested, bipartisan pairings are
not actually the norm. More often, we have confirmed individual
Commissioners or had unbalanced pairings, like Colette Honorable in
2014 or the two Republican Commissioners we confirmed in 2017 after the
Obama administration refused to nominate any Republicans in 2015 or
2016.
I also encourage the Senate to recognize that this seat has already
been paired. In 2017, we paired Mr. McIntyre with Rich Glick, who will
continue to serve through mid-2022. The slot we are now considering is
to fill the remainder of Mr. McIntyre's term through mid-2023.
The fact is, we have one nomination for the Senate right now, not
two. We have one nomination to consider, and this position has been
open now for some 14 months. It is not fair to tell a qualified
Republican nominee that he has to wait, especially with the seat now
having been open for more than 1 year and the term expiring in mid-
2023. That doesn't change.
I would also remind my colleagues that nominations are the
responsibility of the President. It is not on me as the chairman of the
Energy and Natural Resources Committee. It is not on Leader McConnell.
It is the responsibility of the President.
The much more recent Democratic vacancy at FERC, which was the choice
of the Democratic leadership in this body, is for the Democratic
leadership to work out with the White House. Send to the White House
that nominee who can be advanced.
For those who are concerned about the Democratic vacancy, I will
share this with you. There will be an opportunity for a pairing later
this year. Commissioner McNamee has already announced that he will not
return to the FERC for a second term, so there will be a vacancy in
just a matter of months. I have encouraged the administration to send
us both nominees at the same time so that the Senate can restore FERC
to a full complement of five Commissioners. We give them a lot of work.
There is a lot of responsibility. They need a full complement.
Right now, our opportunity is to confirm Mr. Danly. That is who we
have in front of us. He is the only FERC nominee we have. He is well
qualified for the job. He served our country in uniform. He now wishes
to continue that service in a different capacity, and I hope--I hope--
no one will vote against him on party grounds. So I would certainly
urge the full Senate to support Mr. Danly's nomination.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from Alaska.