FERC nominees Laura Swett and David LaCerte took questions from senators at a confirmation hearing, including many about the future of independent agencies.

FERC has a tightrope to walk in balancing the requirements of a White House executive order requiring sunset clauses in regulations pertaining to energy, some of which are foundational to the economic regulation of electricity, while keeping its response in line with the Administrative Procedure Act.

The U.S. Supreme Court overturned the doctrine of Chevron deference to federal agencies in interpreting statutes when issuing rules, ending 40 years of legal precedent.

An appeals court sent DOE back to the drawing board on an efficiency rule for commercial boilers after complaints the agency failed to comply with the Administrative Procedure Act.