Before a brief question and answer session, Senators Scott Brown (R-MA) and Jeanne Shaheen (D-NH) expressed their support for LaFleur. LaFleur previously worked in the Northeast as the former CEO of National Grid’s U.S. electric distribution business. All of the past five nominees have all worked in the West prior to serving at the Commission. Thus, Senators Brown and Shaheen were enthused about a Commissioner who would bring geographic diversity to the Commission in a leadership role. Meanwhile, Senator Patty Murray introduced and supported Commissioner Moeller’s re-nomination, noting his experience with hydroelectric power.

During the hearing, Senator Lisa Murkowski (R-AK) asked the candidates to address three specific topics: 1) whether the Commission has authority to allocate transmission costs; 2) whether the candidates supported the current natural gas projects in Alaska; and 3) if Commissioner Moeller could give her an update on a reliability study on integrating wind and other renewable energy currently being conducted by the Lawrence Berkeley National Laboratory. Both candidates said they feel that the Commission does have the authority to allocate transmission costs, but they were also open to more guidance from Congress on the matter. Both also pledged their commitment and support to learn about the pipeline projects in Alaska and their development. Finally, Commissioner Moeller also reported that the reliability analysis is still being conducted and perhaps was delayed because the issues were more extensive than they had anticipated.

While questioning the nominees, Senator Ron Wyden (D-OR) explained that in his view there has been a policy change where the states’ roles on natural gas pipeline projects have been mitigated and that he has introduced legislation to provide states with a larger role. To that end, he asked each of the nominees if states should have an extended voice in these decisions and if so, how that can be accomplished. Commissioner Moeller answered that states should have an extended role but was unsure how to formulize such a role. LeFleur stated that she was open to the idea of expanding state participation, especially when multiple projects are being considered within a state at the same time.

A full copy of the prepared testimony of Commissioner Moeller and LeFleur is available at:
http://www.ferc.gov/EventCalendar/Files/20100427101112-moeller-testimony-04-27-2010.pdf and
http://www.ferc.gov/EventCalendar/Files/20100427101218-lafleur-testimony-04-27-2010.pdf.

The Obama administration inherited the NRC with two vacancies to fill, and Dale Klein, Republican and former Chairman, announced he was leaving the NRC as soon as a replacement could be confirmed.  Ostendorff will replace Klein with a term that is set to expire June 30, 2011.  He is a former deputy administrator of the National Nuclear Security Administration.  Prior to that, Ostendorff served on the House Armed Services Committee where he was responsible for oversight of the Department of Energy’s (“DOE”) Atomic Energy Defense activities.   Ostendorff also previously served as director of the Committee on Science, Engineering and Public Policy at the National Academies, and served in the Navy where he commanded the nuclear-powered USS Norfolk attack submarine.

Apostolakis is a nuclear science and engineering professor at the Massachusetts Institute of Technology where he was chair of the NRC’s Advisory Committee on Reactor Safeguards.  Apostolakis’s term will expire in June 2014.  Apostolakis has received numerous accolades, including the Tommy Thompson Award from Nuclear Installations Safety Division of the American Nuclear Society in 1999 and the Arthur Holly Compton Award in Education in 2005 from the American Nuclear Society for developing innovative ways to educate students and professional engineers in the art and science of probabilistic risk assessment.  He also was elected in 2007 as a Member of National Academy of Engineering for innovations in the theory and practice of probabilistic risk assessment and risk management.

Magwood is a former DOE Director for the Office of Nuclear Energy, and he was confirmed for the remainder of a term expiring June 2010 and a second term expiring June 2015.  While at DOE, Magwood created the Nuclear Power 2010 program to promote building more nuclear plants.  Magwood also served as the head of the United States civilian technology program and managed nuclear policy programs at the Edison Electric Institute.  Magwood retired from the government in 2005, but later returned as a contractor.  The Project on Government Oversight recently criticized Magwood for his advocacy of nuclear energy and not enforcing health and safety standards.  However, Magwood responded to the criticism during a committee hearing earlier this year, stating that he would promote safety first.

Currently, Mr. Norris is Chief of Staff for Secretary Tom Vilsack at the U.S. Department of Agriculture (“USDA”), a position he has held since January of this year.  Prior to joining the USDA, Mr. Norris was Chairman of the Iowa Utilities Board from 2005 until 2009.  Mr. Norris was nominated by President Obama on June 10 to fill the seat of former Chairman Joseph Kelliher, who left the Commission on March 13 (see June 12, 2009 edition of the WER).

Currently, Mr. Norris is Chief of Staff for Secretary Tom Vilsack at the U.S. Department of Agriculture (“USDA”), a position he has held since January of this year.  Prior to joining the USDA, Mr. Norris was Chairman of the Iowa Utilities Board from 2005 until 2009.  Mr. Norris was previously nominated by President Obama on June 10 to fill the seat of former Chairman Joseph Kelliher, who left the Commission on March 13 (see June 12, 2009 edition of the WER).

As of press time, a new business meeting has not been scheduled by the ENR Committee to vote on Mr. Norris’ nomination to FERC.

Kelly joined the Commission in November 2003, and in December 2004, was confirmed to a second term, which expired at the end of last month. She has continued to serve under a grace period that runs through the end of the current congressional session. The United States Senate Committee on Energy and Natural Resources must approve the nomination.

Kelly has been actively involved in smart grid issues, and on July 23, 2009, she testified before the House Energy and Environment Subcommittee, stating that new legislation is needed to make smart grid standards mandatory. Under the Energy Independence and Security Act of 2007, the standards will be developed by the National Institute for Standards and Technology, and then approved by FERC. Kelly said that under current law, those standards will not be mandatory and that FERC’s enforcement authority will be limited. She said that Congress needs to act to ensure that all relevant entities comply with smart grid standards.