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The CHAIRMAN. Senator Bingaman.

STATEMENT OF HON. JEFF BINGAMAN, U.S. SENATOR FROM NEW MEXICO

Senator BINGAMAN. Mr. Chairman, I join with the others in putting my statement in the record. I also have two questions for Mr. Allday that I will submit for the record. I support the nominees and urge the Committee to move favorably on their nomination. [The prepared statement of Senator Bingaman follows:]

STATEMENT OF SENATOR JEFF BINGAMAN

CONFIRMATION HEARING OF MARTIN ALLDAY

Mr. Chairman, I am pleased to see that President Bush has nominated a candidate as well qualified as Martin Allday to be a commissioner of the Federal Energy Regulatory Commission. Mr. Allday's years of experience in the practice of law and his familiarity with the oil and gas industry should serve him well in his new position. I believe that Mr. Allday will be a welcome addition to the Commission and that he will distinguish himself as the Commission's next chairman. As Mr. Allday is probably aware by now, one of the Commission's most pressing tasks is the implementation of interstate pipeline gas

inventory charges. In September, I chaired an oversight hearing of the Subcommittee on Mineral Resources Development and Production concerning the potential producing sector impacts of the Commission's GIC policy. In a follow up letter to Chairman Hesse, I expressed my hope that the Commission would press ahead with the implementation of GICs that both remain within the bounds of the Commission's legal authority and are acceptable to all segments of the natural gas industry. Since then, the Commission has moved ahead with several pipelines' GIC applications and has approved settlement terms that address the concerns raised by the Independent Petroleum Association of America. I commend the Commission for its action and hope that the Commission will continue in this direction under Mr. Allday's leadership.

I also hope that Mr. Allday's confirmation will clear the way for action on S. 388, the Federal Energy Regulatory Commission Member Term

Act of 1989. This is legislation which I introduced to amend the Department of Energy Organization Act to provide for five-year, staggered terms for members of the Commission. Our distinguished chairman, Senator Johnston, is a cosponsor of this legislation. Unfortunately, a controversy over the style of the outgoing chairman's management of the Commission spilled over into this bill in the form of the so-called collegiality amendment. As a result, S. 388 has not moved since it was reported by the committee in late June. I sincerely hope that this controversy is now behind us and that the Senate can move forward with enactment of S. 388.

I look forward to hearing Mr. Allday's testimony as well as that of the other nominees before the committee today.

Senator FORD. Point of information, Mr. Chairman. What will be our procedure? We will have a live quorum here in about 17 minutes and then five votes following that.

Senator MCCLURE. We have a quorum here now.

Senator FORD. How about-well, do you want to pass them out now?

Senator MCCLURE. Why not?

Senator FORD. Well, that is unusual for you when we are doing it. [Laughter.]

The CHAIRMAN. Senator Wirth.

Senator WIRTH. Mr. Chairman, I had a chance to talk yesterday with Mr. Allday. I have a series of questions related to FERC's position on various issues of energy conservation, a set of programs begun earlier which I hope he will continue the momentum on. We have not really had a chance to talk about that and I will look forward to that responses to those questions from Mr. Allday.

The CHAIRMAN. All right. With respect to a vote today, I think there is probably no objection, but we ought to await the questions for the record, unless everyone would like to proceed.

Senator METZENBAUM. Everyone does not want to proceed.
The CHAIRMAN. Excuse me?

Senator METZENBAUM. I do believe that we ought to go through the hearing. I think it is a very important

The CHAIRMAN. We probably should. These are very important positions and while the votes are there and I do not think anyone will change their mind, I think to go through the usual procedure would be the better way to do it.

Ladies and gentlemen, the rules of the Committee, which apply to all nominees, require that they be sworn in connection with their testimony, so if you would please rise and raise your right hand.

[Whereupon the nominees were duly sworn by the chairman.]

The CHAIRMAN. Before we begin your comments, I will ask each of you three questions addressed to each nominee before this committee.

First, will you be available to appear before this committee and other congressional committees to represent departmental positions and respond to issues of concern to the Congress. Mr. Allday? Mr. ALLDAY. Yes.

MS. WRAY. Yes.

Mr. YOUNG. I will.

The CHAIRMAN. Are you aware of any personal holdings, investments or interests that could constitute a conflict of interest or create the appearance of such a conflict should you be confirmed and assume the office to which you have been nominated by the President?

Mr. ALLDAY. Only those that are listed in the form submitted, and I will dispose of those.

MS. WRAY. No.

Mr. YOUNG. No.

The CHAIRMAN. Are you involved or do you have any assets held in blind trusts?

Mr. ALLDAY. No, sir.

MS. WRAY. No.

Mr. YOUNG. No.

The CHAIRMAN. Very well. We will proceed with any comments you want to make.

Mr. Allday, your statement is in the record.

Mr. ALLDAY. Well, Senator Johnston, shall I go ahead and go through the process of reading it? I would like to do that if there is time

The CHAIRMAN. Yes.

Mr. ALLDAY [continuing]. And I will hurry through it so there's

The CHAIRMAN. Yes, please do.

STATEMENT OF MARTIN L. ALLDAY, NOMINEE TO BE A MEMBER OF THE FEDERAL ENERGY REGULATORY COMMISSION Mr. ALLDAY. I would like to thank Senator Gramm and Senator Bentsen for their support and once again introduce to the committee my wife, Patricia, who is still pretty on the inside as I said at my earlier confirmation, as well as on the outside.

Mr. Chairman and members of the committee, I am once again privileged and honored to appear before you as President Bush's nominee for an important post. Only a little more than three months ago I was before you in connection with my current position as Solicitor of the Department of the Interior. Today, my appearance involves appointment to the Federal Energy Regulatory Commission.

If confirmed, it is my understanding that the President intends to designate me as Chairman.

Perhaps it would be helpful for me to recount briefly my life's history. I was born in El Dorado, Arkansas, but moved to Texas at a very early age. I grew up in the state capital of Austin. I served with the infantry at Okinawa, the last great large land battle of World War II and was wounded by Japanese machine gunfire when I was 18 years old.

Upon discharge, I returned to the University of Texas for undergraduate studies and later law school. After graduation from law school in 1951, I was employed by the Railroad Commission of Texas as an examiner and conducted hearings for that agency for about 18 months.

Later I worked for seven years for an oil and gas company in Midland and in Houston, Texas, and in 1959 I returned to Midland to join a two-man law firm that had just been formed. I remained with that firm for 30 years and served as managing partner for 15 years. Lynch, Chappell, Allday and Alsup had over 40 lawyers, with offices in Midland, Austin and Dallas, Texas, when I left this

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