In the Media – Page 127 – Environmental and Energy Law Program

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Law360

McNamee Confirmed For FERC Slot Amid Climate Controversy

The Harvard Electricity Law Initiative, an independent policy organization within Harvard Law School’s Energy and Environmental Program, promptly filed a brief with FERC following McNamee’s confirmation arguing that he must immediately recuse himself from considering a rehearing request of FERC’s denial of the notice of proposed rulemaking as well as the grid resilience process.

December 11, 2018

S&P Global

FERC to soon have 5 members after US Senate narrowly confirms McNamee

On Dec. 5, the Harvard Electricity Law Initiative said it would file a brief at FERC asserting that McNamee should be disqualified from participating in two pending matters at the commission and any future proceedings related to rates for “fuel secure” generators.

December 11, 2018

Utility Dive

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.”

December 11, 2018

Houston Chronicle

Senate confirms McNamee for FERC seat

Ari Peskoe, Director of the Electricity Law Initiative at Harvard Law School, said he filed a comment with FERC Thursday asking McNamee recuse himself from any cases involving policies he was involved in crafting while at the Energy Department, including Energy Secretary Rick Perry’s proposal to raise power rates for coal and nuclear plants.

“As a matter of law, he is incapable of being an impartial adjudicator,” Peskoe wrote on Twitter.

December 11, 2018

ThinkProgress

Senate narrowly confirms climate-denying nominee to federal energy regulator

On Wednesday, an official with the influential Harvard Electricity Law Initiative stated that McNamee should be “disqualified” from participating in at least two issues in front of FERC because of his work in 2017 to roll out Trump’s proposal to prop up economically struggling coal and nuclear plants. The group plans to file a formal legal brief with the agency on the issue.

December 11, 2018

Mother Jones

What Qualifies You to Become a Top Trump Energy Regulator? Telling Your Son to Deny Climate Change.

“The Harvard Electricity Law Initiative has already filed briefs with FERC that argue McNamee should be “disqualified” from ruling on two pending matters before the commission, each of which deals with fuel security.”

December 11, 2018

Bloomberg

Trump’s Pick for Energy Regulator Clears Senate By a Single Vote

“Harvard University’s Electricity Law Initiative plans to file a brief with the energy regulator recommending that McNamee be disqualified from any matters concerning rates for ‘fuel secure’ generators.

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,’ Ari Peskoe, director of the Electricity Law Initiative, said in a statement.”

December 6, 2018

E&E News

Senate poised to approve FERC pick

“‘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.”

December 6, 2018

E&E News

Order values fuel security of New England plant

“Federal regulators Monday approved a proposal from the New England grid operator to value the ‘fuel secure’ nature of an Exelon Corp. power plant in Massachusetts.

‘I think this is the first time they’ve ordered that sort of contract,’ said Ari Peskoe, director of the Electricity Law Initiative at Harvard Law School.”

December 5, 2018