FERC's Plan for Retrospective Analysis of Existing Rules

posted Mar 19, 2012, 6:14 AM by Site administrator   [ updated Apr 28, 2012, 9:26 AM ]
...  Docket No. AD12-6-000; dated November 8, 2011

CURB recently wrote Ms. Christy Walsh, FERC Office of the General Counsel, who is assigned the responsibility to develop the plan.  We should be very concerned that the Commission plans to only review what it considers to be significant rules.  Unfortunately, in the eyes of the Commission, Shoreline Management regulations are not significant.

The following is an extract from FERC's plan for Retrospective Analysis:

Executive Order 13579 asks independent agencies to review “significant regulations.” The executive order does not define what should be considered “significant regulations.” … However, the Commission, in consultation with OMB, has determined that a very limited number of the Commission’s rules are “major rules” because they do not have a “significant economic impact upon a substantial number of small entities.” … Commission staff will develop an internal list of such regulations and other actions. On a biennial basis, staff will prepare a memo detailing which of the listed regulations are ripe for evaluation based on a 10-year review cycle. … Commission staff will make its memo available for public comment, providing an opportunity for public input as to which of the regulations that are ripe for evaluation warrant a formal public review.

You can read C.U.R.B's letter to Ms. Walsh and read the FERC's Plan HERE

Please support the SHORE Act, introduced by Congressman Robert Hurt is necessary, and why additional legislation will be needed to get our independent FERC under control. I urge you to contact congressional representatives because the White House just punted. We “small entities” need to address House and Senate Oversight Committees … this independent agency concept is beyond belief and out of control.

Corresponding legislation exists in the Senate as well, introduced by Senator Roy Blunt (MO) and exists as S.1988.

Voice your support for H.R. 3663 and S.1988 "The SHORE Act" at POP VOX