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Neil Chatterjee Set to Depart FERC on Aug. 30, Leaving 2-2 Voting Split

Published: August 24, 2021 |

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Federal Energy Regulatory Commission member Neil Chatterjee will step down from his post Aug. 30, he announced on Twitter, leaving the key energy regulator with a 2-2 Democrat-to-Republican split.

“I will continue to carry out my responsibilities until that date. Serving on the commission has been the honor of a lifetime,” Chatterjee tweeted Aug. 20.

The Republican said he had notified Chairman Richard Glick and his fellow commissioners of his planned departure. Chatterjee’s four-year term officially expired on June 30, but he has continued to serve during the last several weeks under the standard grace period designed to allow a measure of continuity during commissioner turnover.

He has not yet disclosed his future plans, but urged those following his steps on Twitter to “stay tuned for an announcement.”

In a brief interview Aug. 20, Chatterjee said “I want to be respectful, so I probably will hold on that announcement until the 30th.” He anticipated the administration might announce plans to nominate a successor, perhaps in September, once paperwork is ready, potentially selecting one of three people whose names have circulated widely: Willie Phillips, chairman of the District of Columbia Public Service Commission; Massachusetts state Representative Maria Duaime Robinson; or Tom Dalzell, a former International Brotherhood of Electrical Workers business manager.

“I’m also confident the commission will continue to function just fine,” Chatterjee said.

“We had four [commissioners] for a long period when I was chairman. ... Even if my successor isn’t confirmed for some time, I’m pretty confident that my four colleagues that will be here are real pros, and they’ll be able to keep the commission moving,” Chatterjee added.

He suggested natural gas pipeline projects, for instance, would be acted upon on a case-by-case basis.

Former President Donald Trump nominated Chatterjee in May of 2017, and he was confirmed in August of 2017. During his tenure, Chatterjee served as chairman of the commission from August of 2017 to December of 2017 and then again from late October of 2018 to November of 2020.

The Republican was nominated and confirmed under a pro-fossil fuel administration. Chatterjee has pointed to his acknowledgment of climate change threats and support for clean energy and carbon reduction initiatives as reasons for his eventual demotion as chairman. He was abruptly replaced by the White House as chairman in a surprise move made public late Nov. 5 as Washington ‘s attention was locked on the shifting presidential election results.

Chatterjee has made several appearances in recent weeks at virtual industry events. Notably, he said on Aug. 11 that he had “bungled” his handling of discussions to ensure a reliable and resilient energy grid while serving as chairman. In late 2017, then-Energy Secretary Rick Perry sent FERC a proposed rule that would have compensated generation sources for their ability to store fuel onsite, a contentious proposal that some criticized as an attempt to prop up struggling coal and nuclear plants.

While FERC unanimously voted to reject the recommendation, Chatterjee acknowledged injecting “an element of politics, which has made it difficult to consider what is a real issue.”

CFTC Changes Afoot

Separately, the composition of the U.S. Commodity Futures Trading Commission is also changing with Republican Commissioner Brian Quintenz announcing he will shortly step down.

That move will give Democrats a 2-1 majority on the key derivatives regulator, where Democrat Rostin Behnam has been serving as acting chairman and has been reported to be President Joe Biden’s potential pick for permanent chairman.

After a suite of final Dodd-Frank regulations affecting the energy sector advanced under the last administration, action affecting energy market rules has been slow at the CFTC in 2021.

In his time as acting chair, Behnam, a former Capitol Hill staffer, launched a climate risk unit within the agency to focus on the role of derivatives in addressing climate risk and transitioning to a low-carbon economy.

Source: Platts


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