Energy Politics and FERC

Deck: 

An Independent Agency?

Fortnightly Magazine - November 2017
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Secretary Rick Perry's September 28, 2017 exercise of the relatively obscure authority under Department of Energy Organization Act (DOE Act) Section 403 that allows the Secretary of Energy to propose rules within the Federal Energy Regulatory Commission's jurisdiction roiled the energy world.

The DOE proposal, in essence, directs FERC's organized markets to establish tariffs for the recovery of costs and a fair rate of return for generating units that have a ninety-day fuel supply on site and that are not subject to cost-of-service rate regulation by any state or local authority.

ABB Market Intelligence Workshop September 13, New York

The DOE Act leaves to the Commission the exclusive jurisdiction to consider and take final action on any proposal made by the Secretary. Since the DOE proposal does not attempt to address any of the details requisite to a final rule, it leaves much work in the hands of the Commission.

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