Norman Bay

Norman C. Bay (Chinese: 白曉川; pinyin: Bái Xiǎochuān;[1] 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.[2] He is currently a partner at the law firm of Willkie Farr & Gallagher.

Norman Bay
白曉川
Chairman of the Federal Energy Regulatory Commission
In office
April 15, 2015 – January 23, 2017
PresidentBarack Obama
Preceded byCheryl LaFleur
Succeeded byCheryl LaFleur
Member of the Federal Energy Regulatory Commission
In office
August 4, 2014 – January 26, 2017
PresidentBarack Obama
U.S. Attorney for the District of New Mexico
In office
September 8, 2000 – October 15, 2001
PresidentBill Clinton
Succeeded byDavid Iglesias
Personal details
Born1960 (age 59–60)
Champaign-Urbana, Illinois, U.S.
NationalityChinese-American
Education

Background

A second-generation Chinese-American, Bay was born to a father of Hebei descent and a mother of Shanghai descent, who immigrated together to the United States after World War II.[1] 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.[3]

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."[4]

After his successor, David Iglesias, was confirmed by the Senate, Bay resigned as U.S. Attorney on October 15, 2001.[5]

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.[3]

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."[6] In 2013, an energy trade journal named Bay as one of the top ten most influential people in energy.[7]

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.[8] In its case against FERC, Deutsche Bank stated that FERC's views were "radical,"[9] though it later settled the case for nearly $1.7 million, including over $170,000 in "unjust profits"[10] without admitting or denying wrongdoing. J.P. Morgan paid $410 million to settle the FERC investigation without admitting wrongdoing. J.P. Morgan stated "We strongly dispute that Blythe Masters or any employee lied or acted inappropriately in this matter."[11]

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.[2]

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-NM) and Senate Energy Committee member Martin Heinrich (D-NM).[12] 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."[13]

On June 18, 2014, the Committee approved Bay to lead FERC and he was voted out of committee 13-9.[14] He was subsequently confirmed by the Senate 52-45 on July 15, 2014.[15]

Under his tenure, FERC moved up in rankings based on the Federal Employee Viewpoint Survey, and FERC was the highest rated mid-sized agency in 2017.[16]

Bay resigned from FERC in January 2017.[17]

Sources
  1. Portia Li (March 22, 2000). "首位華裔聯邦檢察長 白曉川就職 獲墨州聯邦參議員賓格曼提名 盼個人經歷鼓勵更多華裔就任公職" [Norman Bay sworn in as the first Chinese-American federal attorney. Appointed by Senator Bingaman from New Mexico, he hoped his own experience would encourage more Chinese-Americans into public service]. World Journal.
  2. Alberta, Tim (January 30, 2014). "W.H. taps Bay to head FERC". Politico. Retrieved November 3, 2017.
  3. "Norman Bay professor profile". University of New Mexico Law School. April 3, 2007. Archived from the original on March 14, 2007. Retrieved April 3, 2007.
  4. "Judge Parker Opinion in the Wen Ho Lee Case". Web.mit.edu. Retrieved November 3, 2017.
  5. "U.S. Attorney Bay Resigning, Will Take UNM Law Post". HighBeam Business. October 13, 2001. Archived from the original on May 12, 2014. Retrieved November 3, 2017.
  6. "JPMorgan probed over possible power market manipulation". Reuters. July 3, 2012.
  7. "Energy's 10 most influential people of 2013". SNL. Retrieved November 3, 2017.
  8. Peter Gardett (October 31, 2013). "Recent FERC Settlements Could Unravel Power Markets: Hogan « Breaking Energy - Energy industry news, analysis, and commentary". Breakingenergy.com. Retrieved November 3, 2017.
  9. "Deutsche Bank denies manipulating California power market". Reuters. November 7, 2012. Retrieved February 20, 2020.
  10. DiSavino, Scott; Sheppard, David (January 22, 2013). "Deutsche Bank settles U.S. power market manipulation case". Reuters. Reuters. Retrieved May 28, 2019.
  11. Alden, William (May 3, 2013). "Scrutiny Falls on a Pioneer at JPMorgan". DealBook. The New York Times. Retrieved February 20, 2020.
  12. "U.S. Senator Martin Heinrich of New Mexico". Heinrich.senate.gov. Retrieved November 3, 2017.
  13. "Energy Committee vote on Sen. Landrieu's Keystone pipeline bill draws GOP cynicism". NOLA.com. June 17, 2014. Retrieved November 3, 2017.
  14. "Senate committee approves NM's Norman Bay to lead FERC | Albuquerque Journal". Abqjournal.com. Retrieved November 3, 2017.
  15. "U.S. Senate: U.S. Senate Roll Call Votes 113th Congress - 2nd Session". Senate.gov. Retrieved November 3, 2017.
  16. "FERC: Careers - Best Places To Work". www.ferc.gov. Retrieved May 15, 2019.
  17. Walton, Robert (January 27, 2017). "FERC Chair Norman Bay resigns after Trump names LaFleur to top job". Utility Dive. Retrieved November 3, 2017.
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