Alternative Dispute Resolution

The Federal Energy Regulatory Commission (Commission) is issuing a Final Rule to implement the Alternative Dispute Resolution Act of 1990 (ADRA). To implement its policy in support of alternative dispute resolution, the Commission is amending its Rules of Practice and Procedure to add regulations adopting provisions authorized in the ADRA and to establish procedures for approving ADR in particular proceedings. In particular, the new rules: Adopt guidelines for applying ADR techniques and definitions from the ADRA; establish procedures for submitting, reviewing, and monitoring proposals to use ADR in specific proceedings; incorporate the provisions of the ADRA regarding binding arbitration proceedings, arbitral awards, and review of arbitration results; and adopt the provisions of the ADRA regarding confidentiality in ADR proceedings established under the new rules. The Commission is also amending its Rules of Practice and Procedure to modify existing regulations and to add new regulations with respect to the submission and review of offers of settlement. Finally, the Commission is consolidating almost all of its regulations dealing with the use of ADR in oil pipeline rate proceedings into its Rules of Practice and Procedure.