Senate confirms McNamee to FERC as coal recusal calls mount

“Having developed the [bailout] at DOE, Mr. McNamee may not decide a request for rehearing about it or revive it in the resilience docket that emanated from FERC’s rejection of the NOPR,” Director Ari Peskoe wrote in an email. “We explain in our brief that federal court precedent compels Mr. McNamee’s recusal and his refusal to do so would provide a federal court reviewing FERC’s order with a procedural reason to invalidate FERC’s decision.”

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