In another much-anticipated decision, FERC yesterday proposed anexpedited complaint process that would apply uniformly to all ofthe energy sectors that it regulates – natural gas pipelines,electric utilities, oil pipelines and hydroelectric concerns. Thecomplaint proposal, which was outlined in a notice of proposedrulemaking (NOPR), represented an “amalgam” of the best proposalsof the Interstate Natural Gas Association of America, the PipelineCustomer Coalition and the Electric Industry Dispute ResolutionWorking Group, said Chairman James Hoecker.

Although the NOPR had not been issued at press time, theCommission said its proposal would encourage parties to resolvetheir differences before filing a formal complaint at FERC. Thiswould be done either through alternative dispute resolution (ADR),the FERC Hotline or some other informal measures, it proposed[RM98-13]. “I don’t want to encourage over reliance oncomplaints…,” Hoecker noted.

Once a complaint has been filed, it would follow one of threeprocedural paths: a decision by the Commission based on thepleadings alone, an expedited hearing or an appropriate ADRprocedure. The emphasis on ADR in the Commission’s NOPR is surelyto draw the ire of gas pipeline customers, who are opposed to beingrequired to arbitrate their disputes before lodging a formalcomplaint at FERC. The gas industry, however, should like the factthat the Commission has set deadlines for it to resolve certainkinds of complaints – 60 to 90 days. There will be “lessfoot-dragging” at FERC, noted Commissioner William Massey.

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