Other Fields
Agency Scheme: 
FERCCOMM0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Secretary
Name of Hearing Office (global name): 
Federal Energy Regulatory Commission: Office of the Secretary
Hearing Officer #1 (Title): 
Commission
Hearing Officer #2 (Title): 
N/A
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

The Commission -- sitting as a "hearing-level" body -- adjudicates and issues final decisions in a wide variety of proceedings (i.e., cases) under Subpart E (18 CFR pt. 385, subpt. E). Such proceedings 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 or uncontested rates, tariffs, or complaints filed by members of the public.

Nearly all proceedings heard by the Commission at the hearing level are decided on a written record, with or without oral argument. The Commission -- as a full Commission -- has only presided over an evidentiary hearing once in recent years.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Either
Regulations/rules of practice for hearings (please include CFR citations): 
18 CFR pt. 385, subpts. A - H, O & T-V
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (Some Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Proceedings Set for Hearing Under Subpart E: The Commission, as a hearing-level body, rarely conducts evidentiary hearings under Subpart E (18 CFR pt. 385, subpt. E). However, albeit rare, when the Commission does so, discovery available to parties is similar to federal district court. Discovery mechanisms include: depositions of parties, corporations/entities, non-parties, and experts; data requests; interrogatories;document requests; inspection requests; requests for admission. (18 CFR pt. 385, subpt. D).
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
Depends on Nature of Case/Claim
Please describe: 
The Commission, when sitting as a hearing-level body, issues most final decisions based on the written record, with or without oral argument. The Commission -- as a full Commission -- has only presided over an evidentiary hearing once in recent years.
How many hearing officers preside at each hearing?: 
Four or More
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Live witness testimony is permitted in evidentiary hearings. Not applicable for written (document-only) hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Live witness testimony is permitted in evidentiary hearings. Not applicable for written (document-only) hearings.
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
Presumed Open (But May Be Closed Under Certain Conditions)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Staff Attorney
Program Official
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
Differentiated Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
Yes
Are final decisions published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
No
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
18 CFR 385.510(c), 385.716
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
Many FERC adjudication proceedings are noticed in the Federal Register upon filing. (See, for example, 18 CFR 385.203(d) (tariff or rate filings), 385.206(d) (complaints)). FERC rules of practice and procedure provide for intervention (which is typically granted), and filing of protests by any person (which provide a person's views, but do not afford party status). (See 18 CFR 385.211, 385.214)
ADJUDICATORS
Total # of Hearing Officers: 
5
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Before Claim/Case Filed
Pre-Hearing
Is ADR a mandatory or voluntary process?: 
Varies by Case
If "Varies by Case," please describe:: 
The Commission may order parties to appear before a settlement judge, or the parties may, upon motion, voluntarily seek to use other ADR processes under their own proposed ADR proposal. If the latter is approved, such ADR efforts "will be voluntary procedures that supplement rather than limit other available dispute resolution techniques." (18 CFR 385.604(a))
What type(s) of ADR are available?: 
Mediation
Settlement Conference
Arbitration
Other
If "Other," please specify:: 
ADR methods may also include, in addition to mediation, settlement conferences, and arbitration, such methods as: conciliation, facilitation, factfinding, minitrials, or any combination of these methods. (18 CFR 385.604)
Who conducts the ADR?: 
Third-Party Neutral
Agency ADR Official
Non-Presiding Adjudicator
Regulations/rules of practice governing ADR process (please include CFR citations): 
18 CFR pt. 385, subpt. F
Other published guidance on ADR process (if any):: 
FERC Dispute Resolution Division brochure and practices (available on FERC website)
Comments/Notes on ADR Process (Optional): 
FERC has a robust ADR practice, and settles (or otherwise resolves) a large percentage of contested proceedings -- in whole or in part -- through use of settlement judges and other ADR methods.
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
WRAP-UP
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
FERC does not maintain data in a way that allows ready answers to certain questions above, and thus they could not be readily answered.
Verified by Agency: 
Verified