FERC general counsel Danly confirmed as commissioner

The Senate confirmed James Danly to be a member of the Federal Energy Regulatory Commission (FERC) by a vote of 52-40 on Mar. 12.

Danly’s regulatory philosophy is not something he has elaborated upon publicly. He was cautious during his Nov. 5 confirmation hearing when asked whether he agreed with a decision of the US Court of Appeals for the District of Columbia Circuit that FERC should do a better job of considering greenhouse gas emissions when assessing proposals for natural gas pipelines.

“I agree with the D.C. Circuit when it hands down a binding ruling, yes,” Danly said.

He will be the third Republican on the commission, but Republican Commissioner Bernard McNamee has said he will leave when his term ends June 30. After that, the commission will consist of Republican Chairman Neil Chatterjee, Danly, and Democrat Richard Glick, unless McNamee chooses to stay longer while a replacement is sought. Danly's term will expire on June 30, 2023.

On Capitol Hill, Democrats have said a Republican nominee should have been paired with a Democratic nominee, but Danly ended up being moved forward alone.

Among Democratic senators, Joe Manchin (D-W.Va.), Doug Jones (D-Ala.), and Kyrsten Sinema (D-Ariz.) voted along with Republicans to confirm Danly. Four Republicans and four Democrats did not vote.

Danly, FERC’s general counsel, is a former attorney in the energy regulation and litigation group at law firm Skadden, Arps, Slate, Meagher and Flom LLP.