FERC normally has five commissioners, with a quorum of three members required to be present to transact business. Creation of the Federal Energy Regulatory Commission

In 1977, Congress enacted the Department of Energy Organization Act (EOA, P.L. On January 25, 2017, President Trump designated Commissioner Cheryl LaFleur to serve as acting chairwoman of FERC, replacing Norman Bay as chair. Commissioner Bay subsequently resigned from the Commission effective February 3, 2017, leaving FERC without a voting quorum of three members; only acting Chairwoman LaFleur and Commissioner Colette Honorable remain as members of the Commission. Under EOA Section 401(e), "... a quorum for the transaction of business shall consist of at least three members present. Each member of the Commission, including the Chairman, shall have one vote. Actions of the Commission shall be decided by a majority vote of the members present." The Commission generally has three members from the party of the incumbent President, and two from the minority party. However, Republican Commissioner Philip Moeller left FERC in October 2015, and fellow Republican Tony Clark left the Commission following the expiration of his term on June 30, 2016. President Obama did not nominate replacements for either Commissioners Moeller or Clark, meaning that FERC was operating with only three Democratic commissioners since September 2016. Commissioner Honorable's current term expires on June 30, 2017, and Commissioner LaFleur's term expires on June 30, 2019. A quorum will not be restored until at least one new member is seated. The absence of a quorum limits FERC's authority to issue orders concerning projects or rate and tariff issues as discussed below. On February 3, 2017, anticipating that the lack of quorum would continue for an indefinite period, the Commission chose to issue an order (while it still had a quorum) delegating authority to staff for certain agency functions. FERC stated that the order was issued to assure that the Commission's regulatory obligations would be carried out "in an effective and efficient manner consistent with the public interest." This is not the first time the Commission has issued a delegation order following a loss of quorum. FERC took similar action to delegate authority to its staff to act in the absence of a quorum in 1993. FERC recognizes in the current delegation order that, in the absence of FERC authority, certain rate filings (for example, under the FPA and NGA) may take effect under operation of law "without suspension, refund protection, or the ability of contesting parties to appeal." Thus, FERC states that the delegation order is intended to "ensure that staff has the authority to prevent such filings from going into effect by operation of law during the period in which the Commission lacks a quorum." FERC staff can, however, continue to gather information and prepare analyses (such as for Environmental Impact Statements and Environmental Assessments for pipeline projects and hydropower licenses) necessary to process those applications. Staff may also prepare draft orders that the Commission may approve, once a quorum is restored.
On January 25, 2017, President Trump designated Commissioner Cheryl LaFleur of the Federal Energy Regulatory Commission (FERC or the Commission) to serve as acting chairwoman of FERC, replacing Norman Bay as chair. Commissioner Bay subsequently resigned from the Commission effective February 3, 2017, leaving FERC without a voting quorum of three members, since only acting Chairwoman LaFleur and Commissioner Colette Honorable remain as members of the Commission. The absence of a quorum limits FERC's authority to issue orders concerning projects or rate and tariff issues. A quorum will not be restored until at least one new member is seated.
FERC normally has five commissioners, with a quorum of three members required to be present to transact business. Under Section 401(e) of the Department of Energy Organization Act (P.L. 95-91), "... a quorum for the transaction of business shall consist of at least three members present. Each member of the Commission, including the Chairman, shall have one vote. Actions of the Commission shall be decided by a majority vote of the members present."
The Commission generally has three members from the party of the incumbent President, and two from the minority party. However, Republican Commissioner Philip Moeller left FERC in October 2015, and fellow Republican Tony Clark left the Commission following the expiration of his term on June 30, 2016. President Obama did not nominate replacements for either Commissioners Moeller or Clark, meaning that FERC was operating with only three Democratic commissioners since September 2016. Commissioner Honorable's current term expires on June 30, 2017, and Commissioner LaFleur's term expires on June 30, 2019.
On February 3, 2017, anticipating that the lack of quorum will continue for an indefinite period, the Commission chose to issue an order (while it still had a quorum) delegating authority to staff for certain agency functions (e.g., certain actions related to rate filings, uncontested settlements, or uncontested requests for waivers on certain terms or conditions of filings). FERC stated that the order was issued to assure that the Commission's regulatory obligations are carried out "in an effective and efficient manner consistent with the public interest." This is not the first time the Commission has issued a delegation order following a loss of quorum. FERC took similar action to delegate authority to its staff to act in the absence of a quorum in 1993.
FERC recognizes in the current delegation order that, in the absence of FERC authority, certain rate filings (for example, under the Federal Power Act and the Natural Gas Act) may take effect under operation of law "without suspension, refund protection, or the ability of contesting parties to appeal." Thus, FERC states that the delegation order is intended to "ensure that staff has the authority to prevent such filings from going into effect by operation of law during the period in which the Commission lacks a quorum."
The absence of a quorum means that FERC will not be issuing orders on business matters requiring member votes such as electric utility mergers and acquisitions, new policies or rulemakings, or natural gas pipeline certificates. However, staff will continue to issue Environmental Impact Statements and Environmental Assessments for pipeline projects and hydropower licenses. Staff may also continue to draft orders in preparing for member votes when a quorum is restored.