FERC delegates additional authority to staff in absence of quorum

The Federal Energy Regulatory Commission (FERC) recently issued an order delegating additional authority to agency staff, allowing for the continuation of certain agency functions until the Commission again obtains a quorum.

The order, which took effect last week, confirms that all pre-existing delegations remain effective. The order will not last for more than 14 days after a quorum is established.

FERC is responsible for carrying out its regulatory duties under the Federal Power Act (FPA), Natural Gas Act (NGA) and Interstate Commerce Act (ICA), as well as other statutes.

According to the delegation order, the Director of the Office of Energy Market Regulation (OEMR) can accept and suspend rate filings, among other filing-related duties. FERC staff has the ability under the order to institute proceedings in order to protect the interests of customers for initial rates or rate decreases submitted under section 205 of the FPA for which suspension and refund protection are not available.

Under the order, FERC staff can extend the time for action where permitted by statute. The OEMR Director can seek waivers of the terms and conditions of tariffs, rate schedules and service agreements on uncontested filings under the FPA, NGA and ICA. The Director of OEMR can also accept uncontested settlements.