On Feb. 3, Norman Bay’s last day as a commissioner for the federal agency that evaluates interstate natural gas pipelines, it suddenly seemed to pipeline watchdogs that he had at least a portion of one foot in their camp.
Carolyn Elefant, who once worked as a lawyer for the Federal Energy Regulatory Commission and now often helps fight its rulings, reacted to Bay’s parting statement.
“Honestly, it was an utter surprise,” she said.
In a written statement, Bay suggested the commission he had chaired for nearly two years ought to revisit how it weighs the pros and cons of pipeline projects. He made recommendations that pipeline project watchdogs have pitched for years.
Elefant’s law firm in Washington, D.C., frequently represents pipeline opponents. Clients include Montgomery County, where the board of supervisors — like boards in Giles, Craig and Roanoke counties — opposes the proposed Mountain Valley Pipeline.
Most foes of the Mountain Valley project and separate Atlantic Coast Pipeline embraced Bay’s statement. Yet there was recognition that his recommendations might not yield meaningful change, especially given that President Donald Trump, who has voiced support for two deeply controversial fossil fuel pipelines, has an opportunity to appoint three new commissioners to the five-member FERC panel — which currently lacks a quorum.
FERC is an independent agency that regulates the interstate transmission of electricity, natural gas and oil. It also reviews proposals to build liquefied natural gas terminals and interstate natural gas pipelines and licenses hydro-power projects.
“It’s useful for an expert like Norman Bay to publicly advocate for reforming the way FERC looks at pipeline need and climate impacts,” said Peter Anderson, Virginia program manager for Appalachian Voices, a nonprofit organization based in Boone, North Carolina.
“However, it’s frustrating that the former commissioner waited until his retirement to speak out,” Anderson added. “Hopefully, FERC will take his criticisms seriously and, hopefully, Chairman Bay will continue to campaign for these changes.”
Bay announced Jan. 26 that he was resigning from FERC after Trump made Commissioner Cheryl LaFleur acting chair. Bay, once a U.S. attorney in his home state of New Mexico, became director of FERC’s office of enforcement in 2009. A Democrat, Bay was appointed as a commissioner by President Barack Obama and had served in that role since August 2014, and as commission chairman since April 2015.
Reached by phone Thursday in Washington, Bay declined to discuss his parting statement, noting he is now a private citizen.
“I really don’t have any further comments at this point,” he said.
Posted: Sunday, February 26, 2017 12:00 am
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