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An Energy History Lesson

6/28/2015

1 Comment

 
Federal energy agencies are a puzzle to most people.  FERC and DOE?  What's the difference?  Is there a difference?  What do these agencies do, and how can you participate in their processes?

It's helpful to start at the beginning, with the creation of these agencies.  The Department of Energy Organization Act of 1977 reorganized a hodge podge of federal energy departments to separate energy policy from energy regulation to prevent too much coziness and to create a national energy program.

The U.S. Department of Energy was established as a cabinet-level department to deal with energy policy.  Within the DOE hierarchy, Congress also created an independent energy regulatory Commission known as the Federal Energy Regulatory Commission, or FERC.  The DOE organizational chart looks like this.

FERC was given jurisdiction over narrow and specific energy issues.  FERC is NOT a national appeals court for state energy decisions you don't like.  FERC does NOT have jurisdiction over the actions of DOE, or any other agency over which it is not specifically granted jurisdiction by Congress.  Sometimes the DOE can delegate specific authority to independent agencies like FERC, in order to work cooperatively with them to develop rules or policy over which DOE has jurisdiction.

Here's a simple list of what FERC does and what FERC does not.  If you think you have an issue that FERC should do something about, please check the list before wasting time and resources filing frivolous complaints or petitions with FERC.  If you don't understand this list, or need more information, please ask someone who does know or do some research before running to DC with your pop gun loaded with blanks.  Not only do you look silly, but you waste incredible amounts of time and resources and damage your reputation.  Federal energy regulation and policy is not a game of flinging poop on the wall to see which pieces stick.  Get educated, get your game plan organized, and target your requests with efficiency for best results.

FERC has its own set of rules that apply to matters under FERC's jurisdiction.  If your issue isn't within FERC's jurisdiction, FERC's rules don't apply.

Unless operating under the rules of a different agency that has some jurisdiction in one of its actions, the DOE operates under 5 U.S. Code Chapter 5, Subchapter II - ADMINISTRATIVE PROCEDURE.

If you want something, you have to legally support what you're asking for.  Remember, only monkeys throw poop.
1 Comment
Eric Morris
6/29/2015 01:17:25 am

With one huge caveat: None of this is Constitutional. Commerce clause "to regulate" means "make regular." The only federal rules, besides in DC and other federal property and territory, is, for example, California cannot make rule saying Cal utilities can charge $5/kW but Nevada utilities must charge $10/kW to export to California. That would be irregular (an internal to US import tariff) and bust the notion of one common market.

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    About the Author

    Keryn Newman blogs here at StopPATH WV about energy issues, transmission policy, misguided regulation, our greedy energy companies and their corporate spin.
    In 2008, AEP & Allegheny Energy's PATH joint venture used their transmission line routing etch-a-sketch to draw a 765kV line across the street from her house. Oooops! And the rest is history.

    About
    StopPATH Blog

    StopPATH Blog began as a forum for information and opinion about the PATH transmission project.  The PATH project was abandoned in 2012, however, this blog was not.

    StopPATH Blog continues to bring you energy policy news and opinion from a consumer's point of view.  If it's sometimes snarky and oftentimes irreverent, just remember that the truth isn't pretty.  People come here because they want the truth, instead of the usual dreadful lies this industry continues to tell itself.  If you keep reading, I'll keep writing.


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