The Federal Energy Regulatory Commission (FERC): Authorities and Membership

The Federal Energy Regulatory Commission (FERC or the Commission) is an independent federal agency that regulates the interstate transmission of electricity, natural gas, and oil, among other responsibilities. Because of FERC’s influence on critical energy infrastructure—such as electric transmission lines, natural gas pipelines, liquefied natural gas (LNG) terminals, and hydroelectric dams—the composition of FERC is of ongoing interest to Congress. In 1977, Congress passed the Department of Energy Organization Act (EOA; P.L. 95-91), creating FERC as an independent commission within the newly formed Department of Energy to take over certain regulatory duties previously administered by other entities. The Commission was tasked with hydroelectric dam licensing and safety, as well as regulation of rates and services for wholesale electricity transmission and sale. The EOA also gave FERC authority over rates for the interstate transportation and sale of natural gas and for the permitting of interstate gas infrastructure and LNG terminals. The EOA gave FERC jurisdiction over the movement of oil by interstate pipelines and the associated rates and charges. FERC is structured to have five commissioners—no more than three from the same political party—serving staggered five-year terms. Each commissioner is appointed by the President, with the advice and consent of the Senate. The President designates one member as chairman, responsible for FERC’s executive and administrative operation. In practice, the chairman also sets the agenda for the Commission and serves as the presiding officer for its official meetings. In this capacity, the chairman generally decides which matters will be brought up for a vote. As of January 27, 2026, FERC has five sitting commissioners—three Republicans, including the chairman, and two Democrats—but the makeup of the Commission has varied over time. There are often vacancies on the Commission due primarily to resignations and the timing of presidential nominations and Senate confirmations for open seats. In recent years, some individual seats have remained vacant for an extended period of time, resulting in multiple nominees to the Commission being considered at the same time. Between January 2010 and January 2026, FERC has had a full complement of five commissioners 49% of the time, on a monthly basis. During this period, Democratic commissioners have been in the majority 53% of the time, Republican commissioners have been in the majority 21% of the time, and the Commission has been evenly divided 26% of the time. At times, the makeup of the Commission has affected FERC’s ability to function or set policy. The EOA requires a quorum of three commissioners to transact business, and FERC has lost its quorum on more than one occasion, most recently in 2017. An evenly divided Commission has been an issue when it has resulted in a 2-2 deadlocked vote. In the event of a deadlocked Commission, certain wholesale electricity rate changes may take effect by operation of law. A change in presidential Administration often leads to short-term changes in FERC’s chairmanship, but not necessarily its overall composition. Because of the staggered, five-year terms of FERC commissioners, a new President typically comes into office with a Commission appointed by his or her predecessor, potentially with the majority (and chairman) being from the opposite party. If all five Commission seats are full at the start of a new Administration, the President may have limited ability to quickly alter FERC’s makeup. Removing a sitting commissioner due to policy disagreements may be a challenge because, by law, commissioners “may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.” To flip the majority, a President typically needs to wait for one or more commissioners’ terms to expire or for their resignation. A new President does have the ability to name a new chairman from among the sitting commissioners, as President Trump did on January 20, 2025, when he named Commissioner Mark Christie as chairman.