“‘FERC commissioners must be impartial adjudicators, but as a matter of law Mr. McNamee is incapable of meeting that standard with regard to matters that he worked on while serving as an attorney at the Department of Energy,’ said Ari Peskoe, director of the Electricity Law Initiative at Harvard Law School.
Peskoe said McNamee must ‘immediately recuse himself’ from a request for rehearing of FERC’s January order rejecting DOE’s proposed rule to bail out nuclear and coal plants and the docket on resilience in organized electricity markets.”