Senate confirms US FERC members, sealing Republican majority at agency

The US Senate Oct. 7 confirmed Laura Swett and David LaCerte to two open spots on the US Federal Energy Regulatory Commission, teeing up a Republican majority on the five-member panel through at least 2026.

The full Senate voted 51-47 in a party-line vote to confirm Swett and LaCerte and a tranche of other executive branch nominees.

The vote will give Republicans a 3-2 majority on the commission following the departures of former chairman Mark Christie, a Republican, and Willie Phillips, a Democrat. Swett's term will expire in June 2030 while LaCerte's will end in June 2026.

Swett currently works at law firm Vinson and Elkins but previously worked in the FERC office of enforcement and for former commissioner Bernard McNamee and chair Kevin McIntyre. LaCerte served as the White House liaison to the US Office of Personnel Management and as a special counsel at Baker Botts. LaCerte's main energy work at the firm was focused on the Clean Air Act, safety and the environment, he told senators during his confirmation hearing.

It is still unclear if the White House will replace current chairman David Rosner, a Democrat, with Swett or LaCerte once they are officially sworn in. A White House spokesperson did not respond to a request for comment.

New FERC priorities

With a Republican majority, FERC observers expect the commission to take a firmer position on data center colocation to support a robust nationwide deployment of artificial intelligence.

The changing FERC makeup comes as the commission is expected to see an upswing in applications from interstate gas pipeline developers seeking to take advantage of a friendly permitting environment under the Trump administration and a rise in demand for the projects.

The Interstate Natural Gas Association of America welcomed the return to a full complement of commissioners, saying it helps provide regulatory certainty needed for investment.

"Economy-wide energy demand is quickly rising, providing an opportunity for vast economic growth if we can meet the moment by building the needed energy infrastructure, including natural gas pipelines, to meet that demand," the group said in a statement.

Commission inflection point

The confirmations come at an inflection point for the commission as the White House seeks to exert more control over independent agencies, like FERC. In February, the president signed an executive order that required independent agencies to submit all major rulemakings to the White House for review.

Trump declined to renominate former Chairman Mark Christie to a second term as commissioner in June. After Christie's departure in August, Trump passed over Republican Commissioner Lindsay See to name Rosner as chair, while the two new nominees were awaiting Senate confirmation.

The US Supreme Court has also signaled that is leaning toward reversing a 90-year precedent (Humphrey's Executor v. The United States) that upheld statutes that protect members of independent agencies from at-will removal by the president.

While both LaCerte and Swett voiced support for FERC's independence during their confirmation hearing, LaCerte said that he would personally "welcome" a review of Humphrey's Executor.

Todd Snitchler, president and CEO of the Electric Power Supply Association, congratulated the nominees but stressed the need for the commission to adopt "steady" regulatory policy.

"Long-term investment requires confidence in the rules of the road," he said in a statement. "Reducing uncertainty and ensuring that competitive auctions are run regularly, fairly, and transparently will help unlock the private capital needed to strengthen our grid, support economic growth, and meet rising demand from manufacturing, electrification, and AI."

Staffing levels

Under Christie, FERC escaped the steep staffing losses experienced by some other agencies earlier in the year. As of early August, FERC had 1,478 base employees, according to FERC's 2025 plan for operating during a government shutdown, down from 1,539 full-time employees included in FERC's fiscal year 2025 enacted budget. In addition, the commission has 28 employees funded through the Inflation Reduction Act.

A FERC spokesperson did not respond to questions over whether the 1,478 base employees included the roughly 55 FERC staffers who opted into the administration's deferred resignation program. Earlier this year, former chairman Christie estimated that FERC staff would be down about 9% by the end of the fiscal year.

During their confirmation hearing, both nominees committed to working to maintain consistent staffing levels.

Resource type

The two nominees also committed during the hearing to remaining resource agnostic when carrying out their statutory duties under the Federal Power Act.

The confirmations were opposed by the Sierra Club, which said that the nominees were put forth to support fossil fuels over renewable energy resources.

"We are disappointed that the Senate confirmed these new commissioners who have such deep ties to the fossil fuel industry," Sierra Club Policy Director Mahyar Sorour said in a statement. "We will be watching FERC closely moving forward on behalf of American energy consumers who deserve clean, affordable access to energy."