Complaint Procedures

On March 31, 1999, the Federal Energy Regulatory Commission (Commission) issued a final rule (Order No. 602) revising its regulations governing complaints filed with the Commission under the Federal Power Act, the Natural Gas Act, the Natural Gas Policy Act, the Public Utility Regulatory Policies Act of 1978, the Interstate Commerce Act, and the Outer Continental Shelf Lands Act. A number of requests for rehearing and clarification of the final rule were filed. The general framework established by the complaint rule remains the same. The order does, however, grant rehearing and clarification in instances where the suggested changes will improve the new procedures and contribute to ensuring that the process allows the resolution of complaints in the most suitable manner. The order, among other things, clarified the types of relief that may be granted with respect to complaints, modified certain procedures concerning the treatment of privileged information in complaints and answers, modified the requirement concerning simultaneous service of complaints, and reduced the scope of documentation required in an answer. With respect to changes made to the procedural rules applicable to oil pipeline proceedings, the order clarifies that the Commission will be flexible in its application of the complaint procedures to oil pipelines. The order also states that the Commission did not make any changes to the substantive regulations or policies governing oil pipeline complaints.