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Title IV — Federal Energy Regulatory Commission

H.R. 5322 · 113th Congress · Jul 31, 2014 · Lineage

IV Federal Energy Regulatory Commission

Sec. 401 Appointment and administration

(a)
In general— There is established within the Department an independent regulatory commission to be known as the Federal Energy Regulatory Commission.
(b)
Composition—
(1)
In general— The Commission shall be composed of 5 members appointed by the President, by and with the advice and consent of the Senate.
(2)
Chair— Of the members of the Commission, 1 member shall be designated by the President as Chair.
(3)
Term— Subject to section 401(b)(2) of the Department of Energy Organization Act (42 U.S.C. 7171(b)(2)) (as that Act existed before the amendment made by section 713), a member of the Commission—
(A)
shall hold office for a term of 5 years; and
(B)
may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.
(4)
Political parties— Not more than 3 members of the Commission shall be members of the same political party.
(5)
Vacancies—
(A)
In general— Any Commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor of the Commissioner was appointed shall be appointed only for the remainder of the term.
(B)
Expiration of term— A Commissioner may continue to serve after the expiration of the term of the Commissioner until the successor of the Commissioner is appointed and has been confirmed and taken the oath of Office, except that the Commissioner shall not serve beyond the end of the session of the Congress in which the term expires.
(6)
Other business or employment— A member of the Commission shall not engage in any other business, vocation, or employment while serving on the Commission.
(c)
Duties—
(1)
In general— The Chair shall be responsible, on behalf of the Commission, for the executive and administrative operation of the Commission, including functions of the Commission with respect to—
(A)
the appointment and employment of hearing examiners in accordance with title 5, United States Code;
(B)
the selection, appointment, and fixing of the compensation of such personnel as the Chair considers necessary, including an executive director;
(C)
the supervision of personnel employed by or assigned to the Commission, except that each member of the Commission may select and supervise personnel for the personal staff of the member;
(D)
the distribution of business among personnel and among administrative units of the Commission; and
(E)
the procurement of services of experts and consultants in accordance with section 3109 of title 5, United States Code.
(2)
Support and facilities— The Secretary shall provide to the Commission such support and facilities as the Commission determines necessary to carry out the functions of the Commission.
(d)
Relationship to Department— In the performance of functions of the Commission, the members, employees, or other personnel of the Commission shall not be responsible to, or subject to the supervision or direction of, any officer, employee, or agent of any other part of the Department.
(e)
Administration—
(1)
Acting Chair— The Chair of the Commission may designate any other member of the Commission as Acting Chair to act in the place of the Chair during the absence of the Chair.
(2)
Meetings—
(A)
In general— The Chair (or the Acting Chair in the absence of the Chair) shall preside at all sessions of the Commission.
(B)
Quorum— A quorum for the transaction of business of the Commission shall consist of at least 3 members present.
(C)
Single vote— Each member of the Commission, including the Chair, shall have 1 vote.
(D)
Majority vote— Actions of the Commission shall be determined by a majority vote of the members present.
(3)
Seal— The Commission shall have an official seal which shall be judicially noticed.
(f)
Procedural and administrative rules—
(1)
In general— The Commission may establish such procedural and administrative rules as are necessary to the exercise of the functions of the Commission.
(2)
Continuation— Until changed by the Commission, any procedural and administrative rules applicable to particular functions over which the Commission has jurisdiction shall continue in effect with respect to the particular functions.
(g)
Hearings and subpoena—
(1)
In general— In carrying out any of the functions of the Commission, the Commission shall have the powers authorized by the law under which the function is exercised—
(A)
to hold hearings;
(B)
to sign and issue subpoenas;
(C)
to administer oaths;
(D)
to examine witnesses; and
(E)
to receive evidence at any place in the United States the Commission may designate.
(2)
Hearings— The Commission may, by one or more of the members of the Commission or by such agents as the Commission may designate, conduct any hearing or other inquiry appropriate to the functions of the Commission, except that nothing in this subsection supersedes the provisions of section 556 of title 5, United States Code, relating to hearing examiners.
(h)
Principal office— The principal office of the Commission shall be in or near the District of Columbia, where the general sessions of the Commission shall be held, except that the Commission may sit anywhere in the United States.
(i)
Agency—
(1)
In general— For the purpose of section 552b of title 5, United States Code, the Commission shall be considered an agency.
(2)
Attorney for Commission— Except as provided in section 518 of title 28, United States Code, attorneys designated by the Chair of the Commission may appear for, and represent the Commission in, any civil action brought in connection with any function carried out by the Commission pursuant to this Act or as otherwise authorized by law.
(j)
Annual authorization and appropriation request—
(1)
In general— In each annual authorization and appropriation request under this Act, the Secretary shall—
(A)
identify the portion of the request intended for the support of the Commission; and
(B)
include—
(i)
a statement by the Commission of the amount requested by the Commission in the budgetary presentation of the Commission to the Secretary and the Office of Management and Budget; and
(ii)
an assessment of the budgetary needs of the Commission.
(2)
Copy to committees— If the Commission submits to the Secretary, the President, or the Office of Management and Budget, any legislative recommendation or testimony, or comments on legislation, prepared for submission to Congress, the Commission shall concurrently transmit a copy to the appropriate committees of Congress.

Sec. 402 Jurisdiction of Commission

(a)
Functions—
(1)
In general— There are transferred to, and vested in, the Commission the following functions of the Federal Power Commission or of any member of the Commission or any officer or component of the Commission:
(A)
The investigation, issuance, transfer, renewal, revocation, and enforcement of licenses and permits for the construction, operation, and maintenance of dams, water conduits, reservoirs, powerhouses, transmission lines, or other works for the development and improvement of navigation and for the development and utilization of power across, along, from, or in navigable waters under part I of the Federal Power Act (16 U.S.C. 791a et seq.).
(B)
The establishment, review, and enforcement of rates and charges for the transmission or sale of electric energy, including determinations on—
(i)
construction work in progress under part II of the Federal Power Act (16 U.S.C. 824 et seq.); and
(ii)
the interconnection under section 202(b) of that Act (16 U.S.C. 824a(b)) of facilities for the generation, transmission, and sale of electric energy (other than emergency interconnection).
(C)
The establishment, review, and enforcement of rates and charges for the transportation and sale of natural gas by a producer or gatherer or by a natural gas pipeline or natural gas company under sections 1, 4, 5, and 6 of the Natural Gas Act (15 U.S.C. 717, 717c, 717d, 717e).
(D)
The issuance of a certificate of public convenience and necessity, including abandonment of facilities or services, and the establishment of physical connections under section 7 of the Natural Gas Act (15 U.S.C. 717f).
(E)
The establishment, review, and enforcement of curtailments, other than the establishment and review of priorities for the curtailments, under the Natural Gas Act (15 U.S.C. 717 et seq.).
(F)
The regulation of mergers and securities acquisition under the Federal Power Act (16 U.S.C. 791a et seq.) and the Natural Gas Act (15 U.S.C. 717 et seq.).
(2)
Additional powers— The Commission may exercise any power under the following sections to the extent the Commission determines the power to be necessary to the exercise of any function within the jurisdiction of the Commission:
(A)
Sections 4, 301, 302, 306 through 309, and 312 through 316 of the Federal Power Act (16 U.S.C. 797, 825, 825a, 825e–825h, 825k–825o).
(B)
Sections 8, 9, 13 through 17, 20, and 21 of the Natural Gas Act (15 U.S.C. 717g, 717h, 717l–717p, 717s, 717t).
(b)
Agency determinations—
(1)
In general— Except as provided in paragraph (2), the Commission shall have jurisdiction to hear and determine any other matter arising under any other function of the Secretary—
(A)
involving any agency determination required by law to be made on the record after an opportunity for an agency hearing; or
(B)
involving any other agency determination that the Secretary determines shall be made on the record after an opportunity for an agency hearing.
(2)
Certain lease bidding arrangements— Nothing in this subsection requires that functions under section 105 of the Energy Policy and Conservation Act (42 U.S.C. 6213) shall be within the jurisdiction of the Commission unless the Secretary assigns the function to the Commission.
(c)
Other matters— In addition to the other provisions of this section, the Commission shall have jurisdiction over any other matter that the Secretary may assign to the Commission after public notice, or that is required to be referred to the Commission pursuant to section 404.
(d)
Limitation— No function described in this section that regulates the exports or imports of natural gas or electricity shall be within the jurisdiction of the Commission unless the Secretary assigns the function to the Commission.
(e)
Final agency action— The decision of the Commission involving any function within the jurisdiction of the Commission, other than action by the Commission on a matter referred to the Commission pursuant to section 404—
(1)
shall be final agency action (within the meaning of section 704 of title 5, United States Code); and
(2)
shall not be subject to further review by the Secretary or any officer or employee of the Department.
(f)
Regulations— The Commission may prescribe rules, regulations, and statements of policy of general applicability with respect to any function under the jurisdiction of the Commission pursuant to this section.

Sec. 403 Initiation of rulemaking proceedings before Commission

(a)
In general— The Secretary and the Commission may propose rules, regulations, and statements of policy of general applicability with respect to any function within the jurisdiction of the Commission under section 402.
(b)
Proposals of Secretary— The Commission shall—
(1)
have exclusive jurisdiction with respect to any proposal made under subsection (a); and
(2)
consider and take final action on any proposal made by the Secretary under subsection (a) in an expeditious manner in accordance with such reasonable time limits as may be established by the Secretary for the completion of action by the Commission on any such proposal.
(c)
Rates and charges—
(1)
In general— Any function described in section 402 that relates to the establishment of rates and charges under the Federal Power Act (16 U.S.C. 791a et seq.) or the Natural Gas Act (15 U.S.C. 717 et seq.), may be conducted by rulemaking procedures.
(2)
Procedures— Except as provided in subsection (d), the procedures in such a rulemaking proceeding shall ensure full consideration of the issues and an opportunity for interested persons to present views.
(d)
Submission of written questions by interested persons—
(1)
In general— In the case of any rule or regulation promulgated by the Commission to establish rates and charges for the first sale of natural gas by a producer or gatherer to a natural gas pipeline under the Natural Gas Act (15 U.S.C. 717 et seq.), the Commission may afford an interested person a reasonable opportunity to submit written questions with respect to disputed issues of fact to other interested persons participating in the rulemaking proceedings.
(2)
Time— The Commission may establish a reasonable time for both the submission of questions and responses.

Sec. 404 Referral of other rulemaking proceedings to Commission

(a)
In general— Except as provided in section 403, if the Secretary proposes to prescribe rules, regulations, and statements of policy of general applicability in the exercise of any function that is transferred to the Secretary under section 301 or 306 of the Department of Energy Organization Act (42 U.S.C. 7151, 7155) (as that Act existed before the amendment made by section 713), the Secretary shall notify the Commission of the proposed action.
(b)
Referral to Commission— If the Commission determines within such period as the Secretary may prescribe that the proposed action may significantly affect any function within the jurisdiction of the Commission pursuant to subsections (a)(1), (b), and (c) of section 402 and section 60502 of title 49, United States Code, the Secretary shall immediately refer the matter to the Commission, which shall provide an opportunity for public comment.
(c)
Recommendations of Commission—
(1)
In general— Following the opportunity for public comment, the Commission, after consultation with the Secretary, shall—
(A)
concur in adoption of the rule or statement as proposed by the Secretary;
(B)
concur in adoption of the rule or statement only with such changes as the Commission may recommend; or
(C)
recommend that the rule or statement not be adopted.
(2)
Publication— The Commission shall promptly publish—
(A)
the recommendations of the Commission adopted under this subsection;
(B)
an explanation of the reason for the actions of the Commission; and
(C)
an analysis of the major comments, criticisms, and alternatives offered during the comment period.
(d)
Options of Secretary—
(1)
In general— Following publication of the recommendations of the Commission, the Secretary shall have the option of—
(A)
issuing a final rule or statement in the form initially proposed by the Secretary if the Commission has concurred in the rule pursuant to subsection (c)(1)(A);
(B)
issuing a final rule or statement in amended form so that the rule conforms in all respects with the changes proposed by the Commission if the Commission has concurred in the rule or statement pursuant to subsection (c)(1)(B); or
(C)
ordering that the rule shall not be issued.
(2)
Final agency action— The action taken by the Secretary pursuant to this subsection shall constitute a final agency action for purposes of section 704 of title 5, United States Code.

Sec. 405 Right of Secretary to intervene in Commission proceedings

(a)
In general— The Secretary may, as a matter of right, intervene or otherwise participate in any proceeding before the Commission.
(b)
Procedure— The Secretary shall comply with—
(1)
rules of procedure of general applicability governing the timing of intervention or participation in the proceeding or activity; and
(2)
on intervening or participating in the proceeding or activity, rules of procedure of general applicability governing the conduct of the proceeding or activity.
(c)
Fairness— The intervention or participation of the Secretary in any proceeding or activity shall not affect the obligation of the Commission to ensure procedural fairness to all participants.

Sec. 406 Reorganization

For the purposes of chapter 9 of title 5, United States Code, the Commission shall be considered an independent regulatory agency.

Sec. 407 Access to information

(a)
In general— The Secretary, each officer of the Department, and each Federal agency shall provide to the Commission, on request, such existing information in the possession of the Department or other Federal agency as the Commission determines necessary to carry out the responsibilities of the Commission under this Act.
(b)
Certain information— In formulating the information to be requested in the reports or investigations under sections 304 and 311 of the Federal Power Act (16 U.S.C. 825c, 825j) and sections 10 and 11 of the Natural Gas Act (15 U.S.C. 717i, 717j), the Secretary shall—
(1)
include in the reports and investigations such specific information as requested by the Commission; and
(2)
furnish copies of all reports, information, results of investigations and data under those sections to the Commission.