OPM official David LeCerte awaits Senate confrmation on FERC nomination

In a 12-8 vote on Sept. 11, the Senate Energy and Natural Resources Committee advanced the nominations of LaCerte and Laura Swett to fill empty seats at FERC, a five-member body currently without a full slate of commissioners. The commission is currently split 2-2 between members nominated by Republicans and Democrats.

If confirmed by the full Senate, LaCerte would serve the remainder of former FERC Chairman Willie Phillips’ term, which expires June 30, 2026, according to the White House. Phillips, a Biden nominee, resigned from the commission in April at the request of the Trump administration.

If confirmed, LaCerte is expected to help advance many of Trump's energy policies.

FERC is responsible for approving the location and construction of LNG export facilities, interstate natural gas pipelines, and natural gas treatment plants. FERC also sets the rates charged for the transportation of oil and natural gas in interstate pipelines.

Louisiana Sen. Bill Cassidy introduced LaCerte at an energy committee meeting on Sept. 4. “Mr. LaCerte is a lot of great things – a combat veteran of the United States Marine Corps, an attorney, a true conservative, a husband to Emily, and a father to four beautiful children who are here today and who attend St Jude the Apostle and Our Lady of Mercy schools in Baton Rouge! And most importantly, he is a Louisianan!” said Cassidy.

“David’s firsthand exposure to the state’s energy economy – combined with his legal and regulatory experience – gives him an intuitive understanding of the challenges and opportunities facing the LNG industry,” Cassidy said.

LaCerte, a U.S. Marine and Infantry Squad Commander in Afghanistan after the Sept. 11 attacks, served as Louisiana Department of Veterans Affairs from 2010-2015. During the first Trump administration, LaCarte worked at OPM as the Deputy Associate Director and as a senior advisor for Accountability and Workforce Relations.

Since January, LaCerte has served as the principal White House liaison and senior advisor to the director of the OPM, according to his LinkedIn page. LaCerte worked from 2020-2022 as acting managing director at the U.S. Chemical Safety and Hazard Investigation after being appointed to the post by Trump near the end of his first terrm. In 2023-2024, LaCerte served as special counsel at Houston-based Baker Botts, where he worked on litigation and environmental, safety and incident response issues.

LaCerte contributed to Project 2025, a blueprint for Trump’s second term aimed at deconstructing the administrative state.

Swett would assume the seat held by current FERC Chairman Mark Christie, who was appointed by Trump in 2020. Swett is currently an energy attorney at Vinson & Elkins. From 2014-2020, she worked in FERC’s enforcement office and as an advisor to former Commissioner Bernard McNamee and former Chairman Kevin McIntyre.

“Both nominees bring with them valuable experience that can serve the commission well,” said Sen. Mike Lee, R-Utah, Chairman of the Committee on Energy and Natural Resources. “Ms. Swett has spent years working directly with FERC, giving her an inside understanding of how the agency operates. Mr. LaCerte has held leadership roles at both the federal and state levels, bringing the perspective of a combat veteran who has led under immense pressure,” Lee said while introducing the nominees.

“These are qualities that, if applied, can help return FERC to its proper focus, providing affordable and reliable energy for the American people,” said Lee.

Sen. Martin Heinrich, the committee’s ranking Democrat, said he would not vote to approve either nominee. Henrich said that in normal times he would vote to approve Swett, given her experience, but not LaCerte. But these are not normal times, said Henrich.

“This Administration is issuing illegal stop work orders on fully permitted projects,” said Heinrich. “They are creating a grid crisis, they are killing good union jobs, and they are raising electricity prices,” he said. 

Heinrich said LaCerte does not meet the basic statutory requirements. “He has little or no experience with the complexities of our energy industries and markets, or with the intricacies of our energy laws. As the Supreme Court said in 1935, the work of our independent regulatory commissions demands people who have knowledge of both regulatory requirements and the practical affairs of the industries that they regulate,” said Heinrich.