By statute (i.e., sections 503 and 504 of the Department of Energy Organization Act), FERC reviews contested remedial orders or adjustment request denials issued by the Department of Energy (DOE) under the Energy Petroleum Allocation Act of 1973, Federal Energy Administration Act, and other energy-related statutes. (See 18 CFR pt. 385, subpts. I & J). Petitioners contesting a DOE adverse determination file their "appeal" with FERC. In these proceedings, the parties are the DOE Secretary, the petitioner, and any potential intervenors. The Commission designates a presiding officer (ALJ) for hearing and, in the case of subpart I only, issuance of a proposed order. Based on the record certified by the presiding officer, the Commission, issues a final order affirming, modifying, or vacating the contested order, or directing other appropriate relief.
Scheme Nickname:
Commission review of contested DOE orders under Subparts I & J
Comments/Notes on Adjudication Structure:
Cross-agency appeal process established by statute. FERC sits in review of contested orders issued by DOE.
Types of Adjudication:
Type A
Resources & Articles:
Dept. of Energy Organization Act (FERC authorizing statute): http://www.gpo.gov/fdsys/pkg/STATUTE-91/pdf/STATUTE-91-Pg565.pdf
Distinctive Features:
Rare cross-agency appeal process. FERC serves as appellate body for specified DOE contested orders.
Verified by Agency:
Verified
Is this a Major Adjudication:
No