[Congressional Record Volume 166, Number 48 (Thursday, March 12, 2020)]
[Senate]
[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.