Norman Bay

Norman Bay
U.S. Attorney for the District of New Mexico
In office
September 8, 2000 – October 15, 2001
Succeeded by David Iglesias
Personal details
Born 1960 (age 57–58)
Champaign-Urbana, Illinois, U.S.
Nationality Chinese-American
Education

Norman C. Bay (born 1960 in Champaign-Urbana, Illinois) is an American attorney. He is the former United States Attorney for the District of New Mexico. Bay was the first Chinese-American United States Attorney. Bay is the former chairman of the Federal Energy Regulatory Commission.[1] He is currently a partner at the law firm of Willkie Farr & Gallagher.

Background

Bay was raised in Albuquerque, New Mexico, and graduated from Albuquerque Academy. He attended Dartmouth College and Harvard Law School. After law school, he clerked for Judge Otto Richard Skopil Jr. of the United States Court of Appeals for the Ninth Circuit. He then worked in the Legal Adviser's Office of the United States Department of State. From 1989 to 2000, he was a federal prosecutor in the District of Columbia and in New Mexico. Before becoming a United States Attorney, he was a supervisor of the Violent Crime Section in New Mexico. As an Assistant U.S. Attorney, he tried cases in D.C. Superior Court and U.S. District Court in the District of Columbia and New Mexico. He also has experience in appellate advocacy and has argued a number of cases in the D.C. Court of Appeals, the D.C. Circuit, and the 10th Circuit Court of Appeals that have resulted in reported opinions.[2]

United States Attorney

Attorney General Janet Reno named Bay as the Interim U.S. Attorney in New Mexico on March 8, 2000. At the time Bay was named Interim U.S. Attorney, he was a supervisor in the U.S. Attorney’s Office in New Mexico and had been an Assistant U.S. Attorney for more than a decade. President Bill Clinton nominated Bay to the Senate on May 25, 2000, and the Senate unanimously confirmed Bay on September 8, 2000.

As United States Attorney in New Mexico, Bay inherited the Wen Ho Lee case, which had been charged before Bay took office. This case involved a Chinese-American scientist accused of mishandling nuclear secrets. Six months after Bay became Interim U.S. Attorney, the case was resolved through a plea agreement. At the hearing, Judge James Parker criticized other top government officials but called Bay an "outstanding" member of the Bar whom he held in the "highest regard."[3]

After his successor, David Iglesias, was confirmed by the Senate, Bay resigned as U.S. Attorney on October 15, 2001.[4]

Academia

In the spring of 2002, Bay began teaching at the University of New Mexico School of Law. He became a tenured professor of law, and his subjects included constitutional law, criminal law, and evidence. His scholarship interests included national security law and criminal procedure, and he wrote in both of those areas.[2]

Federal Energy Regulatory Commission

In 2009, Bay became the Director of Enforcement at the Federal Energy Regulatory Commission in Washington, D.C. According to Reuters in 2012, "FERC’s Office of Enforcement, run by Norman Bay, has stepped up its game lately, taking the lead among regulators in cracking down on trades that cross both physical and financial markets."[5] In 2013, an energy trade journal named Bay as one of the top ten most influential people in energy.[6]

Harvard Professor William Hogan expressed concern about FERC's Office of Enforcement's practices. Hogan said the Office's practices were "alarming" and could "unravel" the power markets.[7] In its case against FERC, Deutsche Bank stated that FERC's views were "radical."[8]

On January 30, 2014, Bay was nominated by President Barack Obama as Commissioner of the Federal Energy Regulatory Commission, and upon appointment to be made Chairman of the Commission.[1]

On May 20, 2014, Bay appeared before the Senate Energy and Natural Resources Committee for his confirmation hearing. Bay was introduced by former Republican Senate Energy and Natural Resources Chairman Pete Domenici (R-N) and Senate Energy Committee member Martin Heinrich (D-NM).[9] The former Energy Chairman testified, "The job that he is seeking demands somebody just like him," Domenici said. "And obviously I would urge that this Committee support him. "I'm not a great fan of the President of the United States and people know that, but I think this is a great appointment. So I am on his side on this. I don't see how you can miss."[10]

On June 18, 2014, the Committee approved Bay to lead FERC and he was voted out of committee 13-9.[11] He was subsequently confirmed by the Senate 52-45 on July 15, 2014.[12]

On July 18, 2014, Senator Casey (D-PA) sent a letter to the Department of Energy Inspector General ('DOE IG') to ensure that FERC be properly and fairly conducting investigations and taking enforcement actions.[13] On July 24, Kevin Gates from Powhatan Energy Fund sent a letter to the DOE IG asking him to research whether FERC OE uses inappropriate and discriminatory behavior based upon political, economic and sexual factors.[14] On September 12, 2014, Senators Collins and Barrasso sent a letter to the DOE IG asking him to determine facts related to allegations surrounding the FERC enforcement program with respect to fairness and transparency.[15]

Bay resigned from FERC in January 2017.[16]

Sources

  1. 1 2 Alberta, Tim (2014-01-30). "W.H. taps Bay to head FERC". Politico. Retrieved 2017-11-03.
  2. 1 2 "Norman Bay professor profile". University of New Mexico Law School. 2007-04-03. Archived from the original on 2007-03-14. Retrieved 2007-04-03.
  3. ↑ "Judge Parker Opinion in the Wen Ho Lee Case". Web.mit.edu. Retrieved 2017-11-03.
  4. ↑ "U.S. Attorney Bay Resigning, Will Take UNM Law Post. | HighBeam Business: Arrive Prepared". Business.highbeam.com. 2001-10-13. Retrieved 2017-11-03.
  5. ↑ https://www.reuters.com/article/2012/07/03/us-utilities-jpmorgan-ferc-idUSBRE8620LK20120703
  6. ↑ "Energy's 10 most influential people of 2013". SNL. Retrieved 2017-11-03.
  7. ↑ Peter Gardett (2013-10-31). "Recent FERC Settlements Could Unravel Power Markets: Hogan « Breaking Energy - Energy industry news, analysis, and commentary". Breakingenergy.com. Retrieved 2017-11-03.
  8. ↑ https://www.reuters.com/article/2012/11/07/deutsche-ferc-manipulation-idUSL1E8M7BI620121107
  9. ↑ "View | Videos & Audio | Newsroom | U.S. Senator Martin Heinrich of New Mexico". Heinrich.senate.gov. Retrieved 2017-11-03.
  10. ↑ "Energy Committee vote on Sen. Landrieu's Keystone pipeline bill draws GOP cynicism". NOLA.com. 2014-06-17. Retrieved 2017-11-03.
  11. ↑ "Senate committee approves NM's Norman Bay to lead FERC | Albuquerque Journal". Abqjournal.com. Retrieved 2017-11-03.
  12. ↑ "U.S. Senate: U.S. Senate Roll Call Votes 113th Congress - 2nd Session". Senate.gov. Retrieved 2017-11-03.
  13. ↑ http://ferclitigation.com/wp-content/uploads/Letter-to-DOE-FERC-IG-07-18-14-1.pdf
  14. ↑ http://ferclitigation.com/wp-content/uploads/Powhatan-DOE-IG-FERC-OE-Request-072414.pdf
  15. ↑ "United States Senator John Barrasso". Barrasso.senate.gov. 2012-12-18. Retrieved 2017-11-03.
  16. ↑ Walton, Robert (January 27, 2017). "FERC Chair Norman Bay resigns after Trump names LaFleur to top job". Utility Dive. Retrieved 3 November 2017.
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