Report of the Committee on Administrative Practice

Journal Article · Fri Jan 01 04:00:00 EST 1993 · Energy Law Journal; (United States)

OSTI ID:6499594

Although the Federal Energy Regulatory Commission (FERC) delegates a variety of matters to its administrative law judges (ALJs), certain matters are disposed of through the use of [open quotes]paper hearings.[close quotes] The term [open quotes]paper hearing[close quotes] generally has come to designate a proceeding in which (a) interested parties submit written materials to the Commission for its consideration, and (b) the Commission issues a final order, resolving any disputes on the basis of the written submissions. No witnesses or attorneys appear in person before the Commission or its ALJs. The extent of pre-submission discovery varies, as the Commission deems appropriate. The basis for this process is found in the Natural Gas Act (NGA), the Federal Power Act (FPA) and in federal appeals court decisions approving the Commission's use of paper hearings in lieu of trial-type proceedings. There is little disagreement that the Commission may dispose of a case by means of a paper hearing when there are no disputed issues of material fact, but the license to use paper hearings is substantially broader. This article describes the Commission's use of paper hearings in both natural gas cases and electricity cases. Also discussed are treatment of contesting parties, scope of FERC summary authority, FERC procedures under the Energy Policy Act of 1992, and disclosure of documents and information obtained in staff audits of electric utilities.

• OSTI ID: 6499594
• Journal Information: Energy Law Journal; (United States), Journal Name: Energy Law Journal; (United States) Vol. 14:1; ISSN 0270-9163; ISSN ELJOEA
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
293000* -- Energy Planning & Policy-- Policy
Legislation
& Regulation
99 GENERAL AND MISCELLANEOUS
990400 -- Law
ADMINISTRATIVE PROCEDURES
APPEALS
COURTS
DOCUMENT TYPES
ELECTRIC UTILITIES
ENERGY POLICY
GAS UTILITIES
GOVERNMENT POLICIES
HEARINGS
LAWS
LEGAL ASPECTS
LEGISLATION
NATIONAL ORGANIZATIONS
PUBLIC UTILITIES
US DOE
US FERC
US ORGANIZATIONS