More ado about prehearing discovery at FERC

Journal Article · Tue Jan 01 04:00:00 EST 1985 · Energy Law J.; (United States)

OSTI ID:5713273

Benkin, I D

A rich tradition of prehearing discovery has grown up at the Federal Energy Regulatory Commission (FERC) despite the absence of procedural rules. Proposed discovery rules generally run in the mainstream, but the author also discusses some aspects of discovery practice at FERC that are not codified or proposed to be codified. A recent decision of the Ninth Circuit Court of Appeals clarified the legal status of the FERC's discovery rules. In Pacific Gas and Electric Co. vs. FERC, the court held that the agency is not required to provide for discovery. It also stated that if the agency's rules do contain provisions for discovery, those rules become binding and the agency must comport with due process. The author describes the effort to codify rules as a healthy development that demonstrates FERC's commitment to the adjudicative process for deciding important issues.

• Research Organization: Federal Energy Regulatory Commission, Washington, DC
• OSTI ID: 5713273
• Journal Information: Energy Law J.; (United States), Journal Name: Energy Law J.; (United States) Vol. 6:1; ISSN ELJOE
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
293000* -- Energy Planning & Policy-- Policy
Legislation
& Regulation
ADMINISTRATIVE PROCEDURES
CASE LAW
DECISIONS AND ORDERS
LAWS
LEGAL ASPECTS
NATIONAL ORGANIZATIONS
REGULATIONS
US DOE
US FERC
US ORGANIZATIONS