— Ch. 1 · Origins And Creation —
Federal Energy Regulatory Commission.
~6 min read · Ch. 1 of 7
The 1973 oil crisis sent shockwaves through the American energy landscape, exposing vulnerabilities in a fragmented regulatory system. Congress responded by passing the Department of Energy Organization Act in 1977, which consolidated various energy agencies into a new Department of Energy. Within this reorganization, the Federal Power Commission was renamed to become the Federal Energy Regulatory Commission. This change preserved the agency's independent status while placing it under the umbrella of the newly formed department. The primary mandate given to FERC at its inception was to determine whether wholesale electricity prices were unjust and unreasonable. If prices were found to be unfair, the commission had the authority to regulate pricing and order refunds for overcharges paid by ratepayers. FERC also inherited responsibilities for hearing appeals regarding Department of Energy oil price control determinations. It conducted all on-the-record hearings that previously belonged to other bodies. As part of this transition, the regulation of interstate oil pipelines moved from the Interstate Commerce Commission to FERC. However, the agency lost some jurisdiction over gas and electricity imports and exports during this restructuring.
Regulatory Mandates
FERC regulates approximately 1,600 hydroelectric projects across the United States today. Its authority extends to reviewing proposals for building interstate natural gas pipelines and liquefied natural gas terminals. The agency works closely with the United States Coast Guard to review safety and environmental impacts of these proposed LNG facilities. A core responsibility involves ensuring the reliability of the high voltage interstate transmission system. FERC monitors and investigates energy markets to prevent manipulation and ensure fair competition. The agency uses civil penalties and other enforcement tools against organizations or individuals who violate rules in the energy markets. It administers accounting and financial reporting regulations for businesses under its regulatory purview. FERC is self-funding, meaning Congress sets its budget through annual appropriations while the agency raises revenue to reimburse the Treasury. This revenue comes from annual charges levied on the natural gas, oil, and electric industries it regulates. Despite being part of the Department of Energy, FERC activities are not subject to further view by the Secretary of Energy or any employee of that department. The Department can participate in proceedings as a third party but cannot direct outcomes.