Heinrich Urges Trump Nominees to Preserve FERC’s Independence

WASHINGTON - In his opening statement during a U.S. Senate Energy and Natural Resources Committee hearing to consider Laura Swett and David LaCerte for the Federal Energy Regulatory Commission (FERC), U.S. Senator Martin Heinrich (D-N.M.), Ranking Member of the Committee, sounded the alarm on the Trump Administration's attacks on the agency's independence, urging the nominees to protect the agency's autonomy.

VIDEO: U.S. Senator Martin Heinrich (D-N.M.) delivers opening remarks at a hearing to consider FERC nominees before the Senate Energy and Natural Resources Committee, September 4th, 2025.

"The Commission was established as an independent regulatory commission, whose members serve fixed terms, not at the pleasure of the President," said Heinrich. "And their performance of the Commission's functions is not subject to the supervision or direction of the Administration. The Commission was designed to serve no President, no political party, and no political agenda."

"The independence of our independent public institutions, from the Federal Reserve Board to the Smithsonian Institution, is under attack by this Administration," continued Heinrich. "And destroying the independence of the Federal Energy Commission will do irreparable damage to public confidence in the Commission's decision making, to regulatory stability, and to our energy security."

A video of Heinrich's opening remarks can be found here.

A transcript of Heinrich's remarks as delivered is below:

Thank you, Mr. Chairman, and welcome Ms. Swett and Mr. LaCerte.

Most of the offices under our Committee's jurisdiction do not have statutorily required qualifications. The Federal Energy Regulatory Commission is, however, an exception.

Its organic act requires that members of the Commission "be individuals who, by demonstrated ability, background, training, or experience, are specially qualified to assess fairly the needs and concerns of all interest affected by federal energy policy."

The reason for this distinction is simple. Much of the Commission's work is quasi-judicial.

Like our courts, FERC must be impartial and nonpartisan.

Office and bureau heads, deputy secretaries, assistant secretaries in both the Interior and Energy Departments may take their lead from their Secretaries, and their Secretaries from their President.

Commission Members do not.

The Commission was established as an independent regulatory commission, whose members serve fixed terms, not at the pleasure of the President.

And their performance of the Commission's functions is not subject to the supervision or direction of the Administration.

The Commission was designed to serve no President, no political party, and no political agenda.

Its job is to serve the public interest, fairly and impartially, guided by our laws and the Constitution, not political whims from the White House.

The independence of our independent public institutions, from the Federal Reserve Board to the Smithsonian Institution, is under attack by this Administration.

And destroying the independence of the Federal Energy Commission will do irreparable damage to public confidence in the Commission's decision making, to regulatory stability, and to our energy security.

Consequently, our job this morning is not only to understanding Ms. Swett's and Mr. LaCerte's ability "to assess fairly the needs and concerns of all interests affected by Federal energy policy," but also to assess their commitment to FERC's independence.

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