Overview
Title
To transfer the duties of the Office of Public Participation of the Federal Energy Regulatory Commission to a Public Participation Division within the Office of External Affairs of such Commission, and for other purposes.
ELI5 AI
H.R. 9077 wants to move a group that helps people talk to the energy decision-makers into a new part of the same team, but they can only give advice and can't pay people to help them. The new team will also write a report about how they're doing and see if they are doing some of the same jobs as other groups.
Summary AI
H.R. 9077 proposes transferring the responsibilities of the Office of Public Participation under the Federal Energy Regulatory Commission (FERC) to a new Public Participation Division within FERC's Office of External Affairs. The new division, overseen by a Director, would focus on helping the public and participants engage with FERC's activities, offering only technical and logistical support without financial compensation for legal or expert fees. Additionally, the bill mandates a report within a year of enactment to evaluate the division's actions and assess overlaps with FERC's existing authorities.
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Editorial Commentary on H.R. 9077
General Summary of the Bill
H.R. 9077, titled the "Fair and Efficient Regulatory Commonsense Act," is a legislative proposal intended to reallocate the functions of the Office of Public Participation within the Federal Energy Regulatory Commission (FERC) to a new Public Participation Division housed within the Commission's Office of External Affairs. The bill outlines the establishment of the new division, specifying its structure and the roles of its personnel, most notably the Director. This division is tasked with assisting the public in participating in regulatory proceedings, with its role confined primarily to providing technical and logistical support. Importantly, the bill precludes the division from compensating participants for legal or expert fees incurred during proceedings.
Summary of Significant Issues
A notable point of contention in the bill is its limitation on the types of support the Public Participation Division can offer, restricting it to technical and logistical assistance. This might limit the ability of the public to effectively engage with FERC processes, especially considering the financial burdens of legal and expert fees which are not covered. Additionally, the lack of clarity on the selection criteria for the division's Director raises concerns about potential bias or favoritism in appointments. Moreover, the absence of detailed funding and oversight mechanisms may lead to issues with financial accountability and transparency.
Impact on the Public
The bill aims to enhance public engagement by centralizing participation-related functions, potentially streamlining the process and making FERC's operations more accessible. However, by restricting financial support, it might inadvertently discourage participation from individuals and smaller entities who cannot afford the costs associated with regulatory involvement. This could lead to a situation where only well-resourced entities have a voice in proceedings, potentially skewing outcomes and undermining the bill’s intent of fair and efficient regulatory processes.
Impact on Specific Stakeholders
The primary stakeholders are members of the public and organizations involved or interested in FERC proceedings. Larger organizations with sufficient resources may find the streamlined support beneficial, enhancing their engagement efficiency. Conversely, smaller stakeholders who lack financial resources might find these changes inadequate to meet their needs, as they would bear the full cost of legal and expert fees, potentially limiting their participation. Additionally, the FERC itself faces operational uncertainties due to unspecified budget allocations and oversight mechanisms, potentially affecting its efficacy in fostering equitable public participation.
In conclusion, while H.R. 9077 seeks to reorganize and potentially improve public participation in regulatory proceedings, careful consideration of its operational details and potential financial barriers is crucial to ensure it meets its objectives without disenfranchising less-resourced participants.
Issues
The section on the Public Participation Division (Section 319) lacks specificity regarding the criteria for appointing the Director. This could lead to concerns about favoritism or bias in the selection process, potentially undermining the Division's integrity.
Section 319 allows for the Director and employees to be compensated, but the rate of pay is vague and lacks specificity. This could lead to disparities in salaries or excessive compensation, raising financial accountability issues.
The bill specifies that assistance to the public is limited to technical and logistical support (Section 319, subsection (c)(2)), which restricts broader support that may be needed by public participants, such as financial assistance, legal, or expert services. This limitation may discourage effective public engagement in regulatory processes.
Subsection (d) of Section 319 prohibits compensation for attorney’s fees, expert witness fees, or other costs for those intervening or participating in Commission proceedings. This may significantly deter public involvement, especially from individuals or groups who cannot afford these expenses, contradicting the aim of enhancing public participation.
The bill does not specify the overall budget or funding details for the Public Participation Division (Section 2). This omission could lead to financial management issues, including potential wasteful spending or inadequate resource allocation.
There is no clear oversight mechanism mentioned to monitor the effectiveness and efficiency of the Public Participation Division and its spending (Section 2), raising concerns about accountability and transparency.
The potential overlap or complementarity of authorities with existing Federal Energy Regulatory Commission authorities is not clearly defined in Section 319, leading to ambiguity regarding the Division’s role and interactions, which could impact its functioning and collaboration with other Commission parts.
Language complexity in the bill, especially regarding appointment and compensation of employees (Section 319), could make it difficult for general readers to understand, thus impacting transparency and public trust.
The definitions provided in subsection (e) of Section 319 are redundant and might be better integrated earlier in the text to enhance clarity and conciseness.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the Act states that it will be known as the "Fair and Efficient Regulatory Commonsense Act."
2. Public participation division Read Opens in new tab
Summary AI
The section amends the Federal Power Act to establish a Public Participation Division within the Commission's Office of External Affairs, led by a Director who oversees helping the public participate in Commission proceedings, although they cannot pay for legal or expert fees for participants. The Director must report on efforts and outcomes to improve public participation and how these efforts align with existing Commission authorities.
319. Public Participation Division Read Opens in new tab
Summary AI
The Public Participation Division, within the Office of External Affairs, is led by a Director responsible for coordinating technical and logistical support for public involvement in Commission proceedings, but cannot provide financial compensation for legal or expert fees. The Director's compensation aligns with Office standards and is empowered to hire and manage employees with the approval of the Office.