GOP Lawmakers Renew Concerns Over Energy Commissioner’s Potential Conflicts of Interest

Rep. James Comer (R-Ky.) during a hearing in Washington on July 27, 2022. Drew Angerer/Getty Images

Reps. James Comer (R-Ky.) and Pat Fallon (R-Texas) have renewed their concerns about Federal Energy Regulatory Commission (FERC) Commissioner Allison Clements allegedly not disclosing potential conflicts of interest.

Comer is the chairman of the House Oversight Committee, and Fallon is the chairman of the Subcommittee on Economic Growth, Energy Policy, and Regulatory Affairs. They cited in a May 8 letter to Clements that there are reports of her being “closely engaged with your former employers and connections in the green energy sector,” something that is antithetical to her “position as a regulator on an independent commission [which] necessitates transparency regarding outside group influence in policy decisions.”

Clements, a Democrat who is one of four FERC commissioners (the fifth spot is currently vacant), reportedly briefed the Energy Foundation at her former employer’s Jan. 10 fundraiser. FERC defended the meetings, citing Clements’ “open door” policy and being “subject to ex parte restrictions.”

Comer and Fallon warned that Clements’ connections to the industry FERC regulates may violate federal laws and regulations regarding conflicts of interest and run contrary to FERC’s mandate under the Federal Power Act.

On March 16, 2022, Comer, then the ranking member of the House Oversight Committee, and Rep. Ralph Norman (R-S.C.), who had been the ranking member of the then-House Subcommittee on Environment, wrote to Clements about apparently not disclosing her potential conflicts of financial interest.

In addition to the Energy Foundation, other possible conflicts of interest raised in the letter include her husband’s current employer, Copia Power, of which he is the CEO, and his previous employer, renewable energy company Sol Systems. Other previous employers of her spouse include Goodgrid LLC and the Natural Resources Defense Council.

“It is unclear whether you have recused yourself from FERC decisions related to your spouse’s new position or the industry writ large,” wrote Comer and Fallon. “Your ability to separate your personal interests from FERC’s regulatory duties remains unclear.”

“The level and nature of access former employers have had to your office warrant an evaluation of the ethical disclosure documents associated with your current position,” they added.

Comer and Fallon requested that Clements turn over “all recusal and/or disclosure documentation you have made regarding your position at FERC”; “all documents and communications referring or relating to any ethics waiver you have sought or received at FERC, including waivers pursuant to 18 U.S.C. § 208“; and ”all documents and communications referring or relating to Ethics Agreements filed with Office of Government Ethics.”

They also requested “all document[s] and communications between you and the FERC Designated Agency Ethics Official or any ethics attorney”; “and all documents and communications, referring or relating to Sol Systems and/or sPower, Copia Power, Energy Foundation, Goodgrid LLC, and Natural Resources Defense Council”; and “all public and private calendars.”

Comer and Fallon also requested that Clements schedule a briefing with the committee no later than May 15.

FERC spokesperson Celeste Miller told The Epoch Times “the Commission will respond to the letter in due course.”