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Federal Energy Regulatory Commission Has Expedited Case Processing; Additional Improvements Needed

RCED-83-51 Published: Jun 10, 1983. Publicly Released: Jun 24, 1983.
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Highlights

In response to a congressional request, GAO reported on the status of the Federal Energy Regulatory Commission's (FERC) current caseload and the improvements it has made in its caseload management in response to a prior GAO report.

Recommendations

Matter for Congressional Consideration

Matter Status Comments
Congress should require regulatory agencies, such as FERC, to develop ALJ performance standards.
Closed – Not Implemented
GAO initially made this recommendation in EMD-80-54, July 15, 1980, and repeated it in this follow-up report. Congress has not taken any action on this recommendation. Therefore, GAO believes that this should not be classified as an open recommendation.
Congress should assign the responsibility for periodically evaluating ALJ performance to another organization, such as the Office of Personnel Management or the Administrative Conference of the United States.
Closed – Not Implemented
GAO initially made this recommendation in EMD-80-54, July 15, 1980, and repeated it in this follow-up report. Congress has not taken any action on this recommendation. Therefore, GAO believes that this should not be classified as an open recommendation.

Recommendations for Executive Action

Agency Affected Recommendation Status
Federal Energy Regulatory Commission The Chairman, FERC, should reject incomplete natural gas applications to discourage unnecessary applicant delays in resolving deficiencies, when such action is in the public interest.
Closed – Implemented
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Federal Energy Regulatory Commission The Chairman, FERC, should obtain the timely involvement of the Director, Office of Electric Power Regulation, to expedite those cases where interagency comments are required on the environmental impact of new hydroelectric projects.
Closed – Implemented
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Federal Energy Regulatory Commission The Chairman, FERC, should improve the efficiency and effectiveness of the FERC review of cases pending final action or reconsiderations by: limiting and expediting the Office of Opinions and Reviews (OOR) review process and revising OOR review policy to reflect those opinions that best accomplish this objective; summarily affirming all ALJ initial decisions not meeting the criteria it establishes under this review policy; placing a higher priority on FERC action in cases pending rehearing by initially limiting extensions of time for decisions on rehearing requests to a firm, but reasonable, time period (90 days) and, thereafter, allowing further extensions only upon finding certain exceptional case characteristics that it should define in its rules of practice and procedure.
Closed – Implemented
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Federal Energy Regulatory Commission The Chairman, FERC, should complete ongoing actions to ensure that complete processing milestone dates are entered into the Management Information System.
Closed – Implemented
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Federal Energy Regulatory Commission The Chairman, FERC, should finalize its generic rulemaking to prevent unnecessary relitigation of common, or generic, issues.
Closed – Implemented
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Federal Energy Regulatory Commission The Chairman, FERC, should use currently available monetary penalties to discourage unnecessary delay by applicants when prescribed deadlines have not been met and such action is in the public interest.
Closed – Implemented
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

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Topics

Administrative law judgesEnergy case lawEnvironmental case lawFines (penalties)HearingsIndependent regulatory commissionsManagement information systemsProgram evaluationRegulationNatural gas