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FERC

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FERC
NameFederal Energy Regulatory Commission
Formed1977
Preceding1Federal Power Commission
JurisdictionUnited States
HeadquartersWashington, D.C.
Chief1 name(Chair)
Parent agencyUnited States federal government

FERC The Federal Energy Regulatory Commission is an independent agency that regulates aspects of the United States interstate energy infrastructure. It oversees transmission and wholesale sales of electricity and natural gas and licenses hydropower projects, interfacing with utilities, grid operators, and market participants across multiple regions. The commission’s actions affect major entities such as North American Electric Reliability Corporation, Independent System Operator New England, California Independent System Operator, and federal statutes like the Federal Power Act and the Natural Gas Act.

Overview

FERC administers statutory authorities derived from the Federal Power Act, the Natural Gas Act, the Public Utility Regulatory Policies Act of 1978, and the Energy Policy Act of 2005. The agency interacts with regional transmission organizations such as PJM Interconnection, Midcontinent Independent System Operator, New York Independent System Operator, and Electric Reliability Council of Texas. Major counterpart agencies include the Department of Energy, the Environmental Protection Agency, and the Bureau of Land Management. FERC’s regulation impacts infrastructure projects undertaken by firms like Exelon Corporation, NextEra Energy, Dominion Energy, and Duke Energy and intersects with standards from North American Electric Reliability Corporation and the National Association of Regulatory Utility Commissioners.

History

FERC traces administrative lineage to the Federal Power Commission, reconstituted under the Department of Energy Organization Act of 1977 alongside the creation of the Department of Energy. Early regulatory milestones include enforcement of the Public Utility Regulatory Policies Act of 1978 and implementation of rules following the Energy Policy Act of 1992. Significant events include rulings affecting the Enron scandal and restructuring of wholesale markets in regions served by PJM Interconnection and California Independent System Operator. Later developments addressed wholesale market designs influenced by the Northeast blackout of 2003 and the evolution of competitive markets involving companies such as American Electric Power and Southern Company.

Organization and Leadership

FERC is led by five commissioners appointed by the President of the United States and confirmed by the United States Senate. The commission operates through offices and staff including the Office of the General Counsel, the Office of Energy Projects, and the Office of Energy Market Regulation, coordinating with entities like Independent System Operator New England, PJM Interconnection, and California Independent System Operator. Past chairs and commissioners have engaged with stakeholders from firms such as Consolidated Edison, National Grid plc, AES Corporation, and American Water Works Company, Inc. and policy communities including think tanks like the Brookings Institution, the Heritage Foundation, and the Natural Resources Defense Council.

Jurisdiction and Regulatory Functions

FERC’s jurisdiction includes interstate transmission of electricity, natural gas, and oil?—noting that oil pipelines are primarily regulated by the Surface Transportation Board—and licensing of hydroelectric power projects under the Federal Power Act. The commission approves rates, rules, and tariffs for wholesale markets and interstate pipeline transportation, conducts environmental reviews in coordination with the Council on Environmental Quality and the National Oceanic and Atmospheric Administration when projects affect waterways, and enforces reliability standards developed by North American Electric Reliability Corporation. It also issues certificates for interstate natural gas facilities affecting companies like Kinder Morgan, Williams Companies, and Enbridge.

Major Policies and Proceedings

Key proceedings include rulemakings on open access transmission under the Federal Power Act, implementation of Order No. 888 and subsequent orders that reshaped wholesale markets serving PJM Interconnection and New York Independent System Operator. FERC adjudicated matters relating to market manipulation during the California electricity crisis and the Enron scandal, and set policies addressing integration of renewable energy resources such as wind power from developers like Iberdrola and Vestas and solar power projects by companies like First Solar and SunPower Corporation. Recent rulemakings have considered capacity markets, demand response participation rules affecting firms represented at Federal Energy Regulatory Commission hearings, and transmission planning initiatives involving entities like Transource Energy and Tennessee Valley Authority. Proceedings also address cybersecurity standards in coordination with the Department of Homeland Security and technical standards from North American Electric Reliability Corporation.

Criticisms and Controversies

FERC has been criticized over perceived regulatory capture involving major utilities such as NextEra Energy and Exelon Corporation and controversies around eminent domain use in pipeline certification for companies like Keystone Pipeline proponents and Spectra Energy affiliates. Decisions on pipeline approvals have provoked litigation involving the Sierra Club, Natural Resources Defense Council, and state agencies such as the New York State Department of Environmental Conservation. Market rulings and enforcement actions following the California electricity crisis and the Enron scandal led to congressional inquiries by committees of the United States House of Representatives and the United States Senate. Environmental groups, Native American tribes, and municipal utilities have contested FERC decisions in federal courts including the United States Court of Appeals for the D.C. Circuit and the United States Supreme Court.

Category:United States federal agencies Category:Energy regulatory authorities