Yesterday at FERC’s open meeting, Commissioner Bernard McNamee announced that he will not seek renomination once his term expires on June 30, 2020. He stated that he will stay until his successor is selected, so that the Commission does not lose its quorum.

Commissioner McNamee’s willingness to continue to serve on the Commission until he is replaced could help avoid any quorum issues. The Commission is already down to three members, two of whom are required to recuse on certain matters due to previous employment – and three voting Commissioners are required for the Commission to take action.

Current FERC general counsel James Danly was nominated for one of the two current open seats, but his nomination was not advanced to the floor of the Senate before December 31, 2019 and therefore, the president must renominate him (or an alternative choice) for reconsideration in the current session. The remaining seat remains open. If Commissioner McNamee were to leave the Commission and the other seats remain unfilled, there would be no quorum.