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FERCALJO0001

Agency: 
Federal Energy Regulatory Commission
Scheme Nickname: 
Formal ALJ adjudication

Formal adjudication scheme for proceedings (or parts of proceedings) for which the Commission initiates a hearing under Subpart E (18 CFR pt. 385, subpt. E). May relate to most matters within FERC's jurisdiction, including: (a) regulation of interstate transmission of electricity, natural gas, or oil; (b) review of proposals to build liquefied natural gas (LNG) terminals or interstate natural gas pipelines; (c) licensing of hydropower projects; or (d) FERC enforcement action for civil penalties. Typical matters include contested rates, tariffs, or complaints filed by members of the public. (Under FERC rules, a complaint may be filed by "any person" seeking Commission action against any other person for alleged violations of law "or any other alleged wrong over which the Commission may have jurisdiction.")

Adjudication Levels: 
LevelName of OfficeAre administrative appeals permitted from final decisions at this stage?
Hearing Level
Federal Energy Regulatory Commission: Office of Administrative Law Judges and Dispute Resolution
Yes (All Types of Cases)
Appeal Level 1
Federal Energy Regulatory Commission: Office of the Secretary
No
Comments/Notes on Adjudication Structure: 
The Commission, for most types of "proceedings" (which is how FERC refers to a case), has the discretion to retain a matter and issue a final decision (based, except on rare occasions, solely on the written record or, instead, refer some/all of a proceeding to (a) the Office of ALJ for evidentiary hearing, or (b) a FERC ALJ acting as a settlement judge. (See 18 CFR pt. 385, subpt. F). Anecdotally, FERC has told us the Commission -- as a full Commission -- has only presided over an evidentiary hearing once in the past 7-8 years.
Types of Adjudication: 
Type A
Related Schemes: 
SchemeNature of Relationship
FERCCOMM0002
Other
Comments/Notes on Related Schemes: 
As noted above, for most types of proceedings, the Commission has the discretion to issue final decisions without referral to ALJs. However, when all/part of proceedings are referred for ALJs for evidentiary hearings, the Commission serves as the appellate body when either a party appeals an ALJ's initial decision, or the Commission takes "own motion" review of an initial decision. In order words, the Commission (as a hearing-level body) shares largely similar substantive jurisdiction with ALJs.
Verified by Agency: 
Verified
Is this a Major Adjudication: 
Yes