Disturbing: Regulator’s Alarming Practice Revealed, Troubling Donor Extremely Disturbed Ethics


On 5/4/2023, during a hearing of the Senate Committee on Energy and Natural Resources focused on oversight of the Federal Energy Regulatory Commission (FERC) Senator Josh Hawley (R-MO) questioned FERC Commissioner Allison Clements about her closed-door meeting with funders of a left-leaning organization called the Energy Foundation. The meeting was uncovered from a FOIA request made during IER’s ongoing FERC transparency project.

Hawley: Wow. Wow. is it appropriate to speak to advocacy groups at a donors-only session?
Hawley: Do you think it’s appropriate… my time is running out… Do you think it’s appropriate to speak to advocacy groups at a donors-only session? Do you think that’s appropriate?

Clements: I think it is appropriate to speak with foundations who are interested in the energy industry at their donor sessions.

Hawley: Wow. Wow. I have to say, I think that’s pretty problematic. I would like a list of the donors. I’d like to know who was there.

Hawley: I am extremely, extremely disturbed practice of speaking to donor groups
Hawley: I’m concerned about this, what you’ve now described as a practice, pattern, and practice of speaking to donor groups that have financial interests in the industry you are regulating. I think that’s a big problem. If that’s not currently foreclosed by law, we ought to foreclose it, Mr. Chairman. But you said that you do this on a regular basis. We’ll probably follow up. I think I’m probably going to need to see a list of all the groups you’ve spoken to. I’m going to want to know the donors that you’ve spoken to. I am extremely, extremely disturbed by what you have just told me. And at a time when we have major ethics issues, you know, we’ve got members of Congress buying and selling stock based on information that only they are privy to, we’ve got members of the executive branch who are buying and selling stock in industries that they regulate, and now we’ve got you speaking to donors.

I’m disturbed: funders-only events, advertised as donor events A: not for me
Manchin: If I could interject for just one second, make sure I understand. I think what the senator is trying to get to… Did any of you know you were going to a donor-sponsored event? There’s going to be donors, my goodness, special interests are everywhere. You know, everybody’s… but going and speaking in generalities of what you do, what your thoughts are, and what… You all probably have all been in those, and you don’t… You didn’t go and solicit, saying, “Well, I’m going to a donor to give them a little bit of red meat, what they want, so they’ll give more.” Is that correct? Is that what you’re going to soon?

Hawley: Well, I’m disturbed by the idea that anybody… And this is why I was… I was worried when Senator Cortez… That’s the question everybody answered. Yes, I just want to be sure that we’re not going to events that are funders-only events. “Funder” means donor. That are donor events.

Manchin: You mean advertised as one, correct?

Hawley: Yes, sir.
Manchin: Is any of them advertised as donor events?
Hawley: Yes, sir, as this one was. What about you, sir? Do you… Do you speak…
Witness: Not to my knowledge.

Hawley: Yeah, yeah. I would hope not. And I’m… We’ll have a lot of questions for the record on this. Thank you, Mr. Chairman. I just want to clarify that. No problem. I’m alarmed by it. Thank you, absolutely.

Q: a funders-only session A: foundation staff
Hawley: You briefed a funders-only session at a left-leaning grant-making foundation called the Energy Foundation about FERC 2022 priorities. Who are the donors who attended that session?

Clements: The… there were not, there was not a fundraising meeting you asked about. It was a convening of foundation staff from across the country …

Hawley: Wait a minute. You said it was, you said it was staff. The FOIA information says it was advertised as a funders-only session.
Clements: I’m not sure it wasn’t an advertised thing. There are foundations that work together.

Hawley: It was briefed as a funders-only session, meaning that there were donors there. So who were the donors?

Clements: … When I was invited to present to a group of foundation staff, just like when I’m invited to present to the board of…
Hawley: I don’t understand what you keep using the word “staff.” The information says that there were funders present, there were donors. I want to know who the donors are. Who are the donors?
Clements: I’m…
Hawley: you give me a list.
Clements: I’d be happy to. I could remember specifically, but I’d be happy to.
Hawley: Good.

Q: stakeholders? donors wow A: Almost everyone I speak to has a financial interest
Hawley: You use “stakeholders” now several times. Does that include industry donors? Is that a definition of stakeholders?

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Disturbing: Regulator’s Alarming Practice Revealed, Troubling Donor Extremely Disturbed Ethics

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