JOHN NICHOLAS NASSIKAS, OF NEW HAMPSHIRE, TO BE CHAIRMAN OF THE FEDERAL POWER COMMISSION THURSDAY, JUNE 12, 1969 UNITED STATES SENATE, The committee met at 11 a.m...in room 5110, New Senate Office Building, Hon. Warren G. Magnuson (chairman of the committee) presiding. Present: Senators Magnuson, Cotton, Prouty, Griffin, and Hansen. The CHAIRMAN. The committee will come to order. The hearing this morning is on the nomination of John Nassikas of New Hampshire to be a member of the Federal Power Commission, succeeding Lee White. Senator McIntyre has sent a letter endorsing him which we will put in the record. There is also a letter from Representative Louis Wyman, and I understand that he is here-there you are. (The letters follow:) Hon. WARREN MAGNUSON, Chairman, Senate Committee on Commerce, U.S. Senate, Washington, D.C. U.S. SENATE, COMMITTEE ON ARMED SERVICES, DEAR MR. CHAIRMAN: Your committee is conducting hearings today on President Nixon's nomination of John Nassikas of New Hampshire to be chairman of the Federal Power Commission. I have known Mr. Nassikas professionally for several years. I believe him to be qualified for the position to which he has been nominated and I urge your Committee to recommend that the Senate confirm his appointment. Sincerely, THOMAS J. MCINTYRE, U.S. Senator. CONGRESS OF THE UNITED STATES, Re John N. Nassikas, Chairman Nominee, Federal Power Commission. Senator WARREN G. MAGNUSON, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: I have known Attorney John N. Nassikas for the period of my entire life. He was born and brought up in the same community, but a few houses removed from my home. Mr. Nassikas is one of the best qualified, most competent, most highly educated, yet with balanced perspective, of any persons I have ever known. He is a graduate of both the Harvard Law School and the Harvard Business School and his educational background is superb. This has been followed by broad experience in utility review and legislation, part of which was done while Mr. Nassikas served as Deputy Attorney General of New Hampshire during a portion of my term as Attorney General. On several occasions, he has been employed as Special Counsel to the State, as well as to the Public Utilities Commission, and all-in-all I cannot think of a better qualified man to assume the important position and responsibility of Chairman of the Federal Power Commission. I hope that Mr. Nassikas will have your approval and that of the Committee, and that his appointment will be confirmed in short order. Cordially, LOUIS C. WYMAN, The CHAIRMAN. Senator Cotton will want to introduce the nominee, who is fairly well known to the committee, but I am sure that you will want to add something. Senator COTTON. Very briefly, Mr. Chairman, I consider it a great privilege and pleasure to present Mr. Nassikas to the committee this morning. My colleague from the House, Congressman Louis Wyman, is also here today to add to my comments concerning Mr. Nassikas. John Nassikas is one of the first citizens of New Hampshire. He also is an old and close personal friend of mine. He is a real friend. He is a senior partner of one of New Hampshire's leading law firms in its largest city, Manchester, where he was born. The senior Nassikases are Nicholas J. and Constantina Nassikas. I am very proud to say that both of them were born in Macedonia, Greece, and later became U.S. citizens. Mr. Nassikas graduated from Manchester Central High School in 1934; from Dartmouth College with honors in 1938; from the Harvard Graduate School of Business Administration in 1940 with the degree of M.B.A; and from Harvard Law School in 1948. He has been admitted to the bar of New Hampshire, Massachusetts, the District of Columbia, and the U.S. Supreme Court of the United States. He was assistant and then deputy attorney general of the State of New Hampshire. He was later special counsel and legal adviser to Gov. Lane Dwinell, of New Hampshire. He has been special counsel representing the State of New Hampshire in rate cases relating to the New England Telephone & Telegraph Co. and the Public Utilities Commission of New Hampshire. I mention this experience to show his particular qualifications and experience for the position to which he has been nominated by the President. He was married in 1943. He and Mrs. Nassikas have four children, three daughters and a son. Two of his daughters are married and he has two grandchildren. I would like to introduce to the committee and ask them to riseMrs. Nassikas and his daughter Elizabeth. The CHAIRMAN. Glad to have you here. Senator COTTON. That, in brief, is the story of John Nassikas. This committee is familiar with him because he took a leave of absence from his firm for 6 months at a financial sacrifice, I might add, to serve as minority counsel on our committee during part of the second session of the last Congress. I personally was most happy that he agreed to serve in this capacity. That is what I wanted to say, Mr. Chairman. The CHAIRMAN. We will put his biography in the record in full. (The biography follows:) Name: John Nicholas Nassikas. Business Address: Amoskeag Bank Building, 875 Elm Street, Manchester, New Hampshire 03101. Home Address: 239 North Gate Road, Manchester, New Hampshire 03104. Birth Date: April 29, 1917, Birthplace: Manchester, New Hampshire. Wife's Maiden Name: Constantina Andreson. Children's Names and Ages: Constance (Nassikas) Hohenadel; Son-in-law, John J. Hohenadel, Jr. Mary (Nassikas) Hall; Son-in-law, Robert Carter Hall. Elizabeth L. Nassikas, Age 15; John N. Nassikas, III, Age 10. Note: College major, sociology; college minor, English; fields of graduate study: Harvard Business School-business administration; Harvard Law School-law and equity. Professional Membership.-Admitted to practice in New Hampshire/Massachusetts, since 1948; Supreme Court of U.S. 1953; District Court of N.H. 1949; District Court of Vermont, 1967; First Circuit Court of Appeals 1964; Tax Court of U.S. 1964; Interstate Commerce Commission, admitted to practice 1965; U.S. District Court for the District of Columbia, December, 1968. Member of following Bar Associations: N.H. Bar Association; Massachusetts Bar Association; American Bar Association (Member of Section of Public Utility Law and Electricity Committee; Member of Section of Corporations, Business and Banking Law); Federal Bar Association; Association of Interstate Commerce Commission Practitioners. Member, World Peace Through Law Center, Geneva, Switzerland, 1966– Transportation Subcommittee; American Judicature Society. Professional Background.—Assistant and Deputy Attorney General, State of New Hampshire, July, 1950 to September, 1953 (major concentration on public utility practice and law before Public Utilities Commission and New Hampshire Supreme Court); senior partner and managing partner, Wiggin, Nourie, Sundeen, Nassikas and Pingree, September, 1953 to present-general corporate, trial, appellate practice. U.S. Senate Committee on Commerce, Chief Counsel, Republican Minority, March, 1968 to February 1, 1969. Military Record. Ensign, U.S.N.R., June, 1942-July, 1943; Lt. j.g., July, 1943-September, 1944; Lt. Senior Grade, September, 1944-January, 1946; (Aircraft engine spare parts procurement, logistics, supply-Aviation Supply Office, Philadelphia, Pa.) Specialized Public Utility Experience.-General Counsel, Manchester Gas Company; counsel, Boston and Maine Corporation, railroad passenger train discontinuances, Interstate Commerce Commission, N.H.P.U.C., Mass. D.P.U.; N.H. counsel for Railway Express Agency; special counsel to N.H. Public Utilities Commission, 1961-1962, involving telephone rates; special counsel for State of New Hampshire, 1958-1959, involving electric power rates. Hobbies.-Law, reading, golf, tennis, squash, skiing, theater, music. Memberships in Clubs and Other Social Organizations.-Newcomen Society in North America; AHEPA; Harvard Club of Boston; Bald Peak Colony Club, Melvin Village, N.H.; Manchester Country Club, Manchester, N.H.; Prouts Neck Country Club, Prouts Neck, Maine; University Club, Washington, D.C. The CHAIRMAN. Off the record. (Discussion off the record.) The CHAIRMAN. All right, Congressman, we will be glad to hear from you. Mr. WYMAN. I have a letter here from my colleague, Congressman Cleveland. The CHAIRMAN. We shall put that in the record in full. (The letter follows:) CONGRESS OF THE UNITED STATES, Hon. WARREN G. MAGNUSON, Chairman, Senate Commerce Committee, DEAR MR. CHAIRMAN: I am writing to give my wholehearted endorsement to my fellow New Hampshirite and friend of long standing, John Nassikas of Manchester, who has been nominated as Chairman of the Federal Power Commission. I regret that previous commitments prevent my appearing in person before your Committee to express publicly my support for John Nassikas. I would have taken the opportunity to praise the Administration for the wisdom of this choice. I wish to state from personal knowledge that Mr. Nassikas is thoroughly equipped by training and by his background of professional work to preside over the Federal Power Commission. As his record shows, he has specialized in the practice of law in the public utility field, an experience which he broadened, at the Federal level, as Chief Counsel to the Minority of your distinguished Committee from March, 1968 to February, 1969. I urge prompt approval of his nomination by the Committee and express my complete confidence that Mr. Nassikas will be an outstanding public servant in the demanding position of Chairman of the Federal Power Commission. With kindest personal regards, I am Sincerely yours, JAMES C. CLEVELAND, Mr. WYMAN. I would like to add to what has been so well said by Senator Cotton that it so happens that the gentleman here, whose nomination is now under consideration before the committee, was born and brought up across the street from me. I have known Mr. Nassikas all my life since we first went to grammar school together, in fact literally since we were old enough to talk. When I was attorney general of New Hampshire, he served as my deputy attorney general in charge of utilities, litigation, and rate regulation. He capably handled highly technical matters before our State regulatory agencies. He probably has one of the finest educational backgrounds that is possible to put together, a combination of Harvard Business School, Harvard Law School, and Dartmouth College. He is an exceptionally qualified nominee. He has all his life been a thoroughly outstanding, competent, educated, sound individual. I would like to make this additional observation to this committee that I know is concerned about the performance by the heads of our regulatory agencies. In my opinion, Mr. Nassikas is a man of balanced judgment. He will bring to this regulatory agency, that is of such major importance in the affairs of the country, a balanced judgment and a trained, detached capability in both administrative and technical problems. This will immeasurably add to the efficiency of the Power Commission's operations. I endorse his nomination without reservation on the basis of some 50-odd years of personal observation of an outstanding American. The CHAIRMAN. We thank you. Any questions by members of the committee or the Congressman? Senator PROUTY. Mr. Chairman, I would just like to associate myself with the statements which have been made on Mr. Nassikas' behalf. He is an outstanding lawyer and a very able man. We who have served on this committee have been able to observe him firsthand and I am happy to endorse him. The CHAIRMAN. Any further questions of the Congressman? (No response.) The CHAIRMAN. Thank you very much. Mr. WYMAN. Thank you. The CHAIRMAN. Now, as you know from your experience up here, there are two or three questions we must ask you. The chairman does it, knowing what the answers will be, but we want them on the record. Are you a Democrat or a Republican? Mr. NASSIKAS. I am a Republican, Mr. Chairman. We also passed out of this committee a resolution with which you are familiar, I guess, in which we suggested that those who were nominated to the independent agencies should express their opinion as to whether it was their personal intention to serve for the full term for which they are appointed. Mr. NASSIKAS. It is my personal intention to serve for the entire term. The CHAIRMAN. We realize that unexpected circumstances may arise which can't be anticipated, but we passed that resolution because we found that too many of the appointees to the independent agencies over which we have jurisdiction would be appointed, serve a short period of time, and then get right back into the industry which they had regulated. Since we passed this resolution, however, we have found that unless there was some unusual circumstance, personal or otherwise, more of the nominees have served their terms and served a sufficient time to do the job. Now, you are familiar, of course, with the challenges before the Power Commission which are created by a growing country. The need for energy-whether it be electric, gas, or nuclear is doubling practically every 10 years in this country. And the Power Commission, although it originally directed most of its efforts to the electric power industry, now is involved in new technologies involving combinations of gas, hydro, and nuclear plants. You are going to have some real tough decisions to make. I am sure you appreciate that. Mr. NASSIKAS. I do, indeed. The CHAIRMAN. We have got to proceed, as far as the Power Commission is concerned, in encouraging the complete development of our potential energy sources. Mr. NASSIKAS. I agree with that concept, Mr. Chairman. The CHAIRMAN. And you are involved in a fourth field that no one ever dreamed of when they established the Power Commission: the other uses of water, particularly the environmental uses of water. I am sure that you realize that. I don't want to ask you this as a question, but you have got some big shoes to fill. Lee White was one of the best commissioners I have ever seen down there, but I am sure you are going to do a good job. Now another thing; we have your financial statement which we will put in the files as is customary here. We do not put it in the record, but, it is there for anyone to look at the press or members of the committee or the public. We will put that in the file. I have read it and I see nothing in it that would cause a scintilla of doubt that your service on the Power Commission would create any conflict of interests. Senator Cotton, do you have anything further? |