Confirmation battles loom for FERC, NRC nominees

By Nico Portuondo | 08/04/2025 06:27 AM EDT

Democratic frustration with Trump energy policies could fuel opposition to otherwise qualified picks.

The FERC building is pictured.

Federal Energy Regulatory Commission headquarters in Washington. John Shinkle/POLITICO

Democratic support for often bipartisan energy nominees is eroding because of the party’s anger with President Donald Trump’s administration, potentially turning upcoming Federal Energy Regulatory Commission and Nuclear Regulatory Commission confirmations into partisan battles.

Concern from Democrats extends to the White House’s work to exert greater influence over independent agencies like NRC and FERC.

Several Trump energy and environment picks have received no support from Democrats on the floor or in committee. Lawmakers say at least some of those “no” votes are a message to the president.

Advertisement

“[This administration] has withheld funds that we have appropriated, they have canceled programs that we have established, they have closed offices that we have created, and they have pursued policies that we have never approved,” said Senate Energy and Natural Resources ranking member Martin Heinrich (D-N.M.) said during a markup last week of Interior and Energy department nominees.

“Until this administration respects the will of Congress, I am unable to support these nominees,” said Heinrich, who did vote Friday to confirm Fish and Wildlife Service pick Brian Nesvik.

The Democratic rebellion could spill into the upcoming confirmations of NRC nominee Ho Nieh and FERC picks Laura Swett and David LaCerte.

Republicans can still muscle the nominees through like they have done numerous times since January. But the animosity could diminish the chances for the candidates to move quickly and with broad support.

Nieh, a utility executive who has worked at NRC, is widely seen as qualified. But qualifications didn’t get Democrats to support David Wright’s successful bid last week to rejoin the commission.

Senate Environment and Public Works Sheldon Whitehouse ranking member (D-R.I.) changed his mind against Wright because of administration involvement at NRC. He said the same could happen with Nieh.

“I am not ruling out my support for him, but that depends on whether the independence of the NRC is respected or if it continues to be infiltrated by DOGE boys,” Whitehouse said, referring to the Department of Government Efficiency.

Ho Nieh.
Ho Nieh is the vice president of regulatory affairs at Southern Nuclear. He’s been picked by President Donald Trump for a spot on the Nuclear Regulatory Commission. | LinkedIn

Sen. John Hickenlooper (D-Colo.) said he voted against Audrey Robertson in committee to lead DOE’s renewable energy office because of frustration with the administration.

“Robertson is eminently qualified, but we had so much push from constituents in Colorado on recent Trump administration nominees and actions,” Hickenlooper said.

Hickenlooper did not rule out that Democrats would similarly vote against FERC chair nominee Swett and LaCerte, saying that decision “still needs to be made.”

Swett is a well-known energy attorney. LaCerte may prove more contentious because of his lack of a deep background in energy policy.

Heinrich’s has also expressed concern about the independence of FERC, telling POLITICO recently that “we should be very careful about not turning a regulatory body into a political body.”

This story also appears in Energywire.