Three Democrats broke with their party to help confirm James Danly to be a Republican commissioner of the nation’s independent body of federal energy regulators, despite Democratic accusations that the Trump administration politicized the nomination process.
Centrist Democrats — Joe Manchin of West Virginia, Kristen Sinema of Arizona, and Doug Jones of Alabama — joined Republicans to approve Danly for the Federal Energy Regulatory Commission in a 52-40 vote.
Danly’s confirmation gives the agency a 3-1 Republican majority, but that is expected to be short-lived with Commissioner Bernard McNamee, another Trump appointee, recently announcing he won’t seek another term after his current one expires at the end of June.
Danly’s nomination riled most Democrats because the Trump administration has refused to pair him with a Democratic nominee despite there being a second vacancy, as is custom.
The agency oversees wholesale electricity markets and reviews interstate pipeline applications.
Manchin, the top Democrat of the Energy and Natural Resources Committee, said he only supported the nomination because of a previous commitment to Danly.
He wouldn’t vote for a Republican FERC nominee again, though, unless the White House also puts forward a Democratic nominee, Manchin added.
Danly is a familiar face at the agency, working as its general counsel since 2017. He was previously a lawyer at Skadden, Arps, Slate, Meagher & Flom.
He has sought to present himself as above the political fray to protect himself against accusations that the agency has become politicized in the Trump administration in support of an agenda boosting fossil fuel use and exports.
