Scheme Nickname:
Commission hearing-level adjudications
Comments/Notes on Adjudication Structure:
The Commission hears these matters either because the relevant statute (or regulation) requires adjudication by the Commission, or because the Commission determines that initiation of the (evidentiary) hearing process (with ALJs serving as presiding officers) for further development of the record is not needed or appropriate. Additionally, the Commission may directly refer a proceeding to FERC's Dispute Resolution Division or a settlement judgment judge.
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 the past 7-8 years.
Comments/Notes on Adjudication Type(s):
Some of the matters heard directly by the Commission (as a hearing-level body) require APA procedures, but others do not.
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. For this agency scheme code (FERCCOMM002), the Commission is serving as the hearing-level body. However, when all/part of proceedings are referred for ALJs for evidentiary hearings (as per Scheme Code FERCOALJ0001), the Commission serves as the appellate body should a party appeal an ALJ's initial decision, or the Commission elects to take "own motion" review of an initial decision. In order words, the Commission (as a hearing-level body) shares largely similar substantive jurisdiction with ALJs.
Resources & Articles:
Description and schematics for FERC processes: http://www.ferc.gov/help/processes.asp
FERC ADR main web page: http://www.ferc.gov/legal/adr.asp
FERC ADR Brochure: http://www.ferc.gov/legal/adr/brochure.pdf
FERC 2014 Strategic Plan (emphasizing ADR): http://www.ferc.gov/about/strat-docs/FY-2014-FY-2018-strat-plan.pdf
Is this a Major Adjudication: