Federal Energy Regulatory Commission
Infobox Government agency
agency_name = Federal Energy Regulatory Commission
abbreviation = FERC
seal_width = 140 px
October 1, 1977
Federal Power Commission
Federal government of the United States
chief1_name = Joseph T. Kelliher
chief1_position = Chairman
United States Department of Energy
website = [http://www.ferc.gov/ www.ferc.gov]
footnotes =The Federal Energy Regulatory Commission (FERC) is the
United Statesfederal agency with jurisdiction over electricity sales, wholesaleelectric rates, hydroelectric licensing, natural gaspricing, and oil pipeline rates. FERC also reviews and authorizes liquefied natural gas(LNG) terminals, interstate natural gas pipelines and non-federal hydropowerprojects.
A predecessor agency, the
Federal Power Commission, was founded in 1920 to allow cabinet members to coordinate federal hydropower development.
In 1935, the FPC was transformed into an independent regulatory agency with five members nominated by the President and confirmed by the Senate. At that time the FPC regulated both hydropower and interstate electricity.
In 1938, the
Natural Gas Actgave FPC jurisdiction over interstate natural gas pipelines and wholesale sales. In 1942, this jurisdiction was expanded to cover the licensing of more natural gas facilities. In 1954, the Supreme Court decision in "Phillips v. Wisconsin" extended FPC jurisdicition over all wellhead sales of natural gas in interstate commerce.
In response to an energy crisis, in 1977, Congress passed the DOE Organization Act, which consolidated various energy-related agencies into a
Department of Energy. Congress insisted that a separate independent regulatory body be retained, and the FPC was renamed the Federal Energy Regulatory Commission, preserving its independent status "within" the Department. [42 U.S.C. § 7134] FERC was also given added responsibility to hear appeals of DOE oil price control determinations and to conduct all "on the record" hearings for DOE. [42 U.S.C. § 7172(d).] As a result, DOE does not have any administrative law judges. As a further protection, when DOE proposes a rulemaking, it must refer the proposal to FERC, and FERC can take over the proceeding if FERC determines that the rulemaking "may significantly affect" matters in its jurisdiction. [42 U.S.C. § 7174.] The DOE Act also transferred the regulation of interstate oil pipelines from the Interstate Commerce Commissionto FERC. [42 U.S.C. §7172(b) (since repealed)] However, the FERC lost some jurisdiction over the imports and exports of gas and electricity.
In 1978, FERC was given additional responsibilities for harmonizing the regulation of wellhead gas sales in both the intrastate and interstate markets. FERC also administered a program to foster new
cogenerationand small power production under the Public Utilities Regulatory Policy Act of 1978.
In 1983, Congress ended federal regulation of wellhead natural gas prices. At this time, FERC undertook to bring greater competition to both the natural gas and electric industries.
Energy Policy Act of 2005expanded FERC's authority to impose mandatory reliabilitystandards on the bulktransmission system and to impose penalties on entities that manipulate the electricity and natural gas markets. The Energy Policy Act of 2005 gave FERC additional responsibilities as outlined in FERC's Top Priorities and updated Strategic Plan. As part of that responsibility, FERC:
* Regulates the transmission and sale of natural gas for resale in
* Regulates the transmission of oil by pipelines in interstate commerce;
* Regulates the transmission and wholesale sales of electricity in interstate commerce;
* Licenses and inspects private, municipal, and state hydroelectric projects;
* Approves the siting of and abandonment of interstate natural gas facilities, including pipelines, storage and
liquefied natural gas;
* Ensures the reliability of high voltage interstate transmission system;
* Monitors and investigates energy markets;
* Uses civil penalties and other means against energy organizations and individuals who violate FERC rules in the energy markets;
* Oversees environmental matters related to natural gas and hydroelectricity projects and major electricity policy initiatives; and
* Administers accounting and financial reporting regulations and conduct of regulated companies.
Position within the government
FERC is an independent regulatory agency within the
United States Department of Energy. Neither the President nor Congress reviews FERC decisions. All FERC decisions are reviewable by the federal courts. FERC is also self funding. The Commission pays for itself by recovering costs directly from the industries it regulates through annual charges and fees.
FERC is independent of the Department of Energy, but DOE may intervene just like any other party in FERC proceedings. FERC activities "shall not be subject to further view by the Secretary [of Energy] or any officer or employee of the Department." [42 U.S.C. § 7172(g)]
In recent years, the FERC has been promoting the voluntary formation of Regional Transmission Organizations (RTOs) and
Independent System Operators (ISOs) to eliminate the potential for undue discrimination in access to the electric grid. However since the passage of new energy legislation, it has aggressively developed regulations to implement key provisions of the new law dealing with LNG terminals, electric reliability, Public Utility Holding Company Actof 1935 repealand implementation of the Public Utility Holding Company Act of 2005, new merger regulations and new anti-market manipulation regulations.
FERC has also been heavily involved in the
California electricity crisisand in investigating allegations of electricity marketmanipulation by Enron and other energy companies. FERC has collected over $6.3 billion from California electric market participants by facilitating settlements. FERC is also working with Canadian energy officials to facilitate processing of a proposed Alaskan Natural Gas Pipeline, which would bring natural gas from Alaska's North Slope to the lower 48 States.
FERC regulates approximately 1,600 hydroelectric projects in the U.S. It is largely responsible for permitting the construction of a large network of interstate natural gas pipelines. FERC also works closely with the
United States Coast Guardin reviewing the safety, security and environmental impacts of proposed LNG terminals and associated shipping.
The Commission is chaired by [http://www.ferc.gov/about/com-mem/kelliher.asp Joseph T. Kelliher] (current term: 2007-12-21 through 2012-06-30). The Commissioners are [http://www.ferc.gov/about/com-mem/kelly.asp Suedeen G. Kelly] (2004-12-07 through 2009-06-30), [http://www.ferc.gov/about/com-mem/moeller.asp Philip D. Moeller] (2006-07-24 through 2010-06-30), [http://www.ferc.gov/about/com-mem/spitzer.asp Marc Spitzer] (2006-07-21 through 2011-06-30), and [http://www.ferc.gov/about/com-mem/wellinghoff.asp Jon Wellinghoff] (2008-05-19 through 2013-06-30).
* [http://www.ferc.gov/ Official site]
** [http://www.ferc.gov/industries/electric.asp Electricity]
** [http://www.ferc.gov/industries/lng.asp LNG Terminals]
** [http://www.ferc.gov/industries/gas.asp Natural Gas]
** [http://www.ferc.gov/industries/hydropower.asp Hydroelectric]
* [http://thefederalregister.com/b.p/agency/Federal_Energy_Regulatory_Commission/ Federal Energy Regulatory Commission Meeting Notices and Rule Changes] from The Federal Register [http://thefederalregister.com/rss/agency/Federal_Energy_Regulatory_Commission/ RSS Feed]
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