A Critical Analysis of Joint Board Policy at the Federal Energy Regulatory Commission

Darr, Frank P.

Journal: San Diego Law Review

Volume: 30

First Page: 485

Year: 1993

Bluebook Citation: 30 SAN DIEGO L. REV. 485 (1993)

Author: Frank P. Darr: all 5 publications


Abstract

The Federal Power Act authorizes the use of joint boards to solve federal-state coordination problems. This Article is a critical analysis of the Federal Energy Regulatory Commission's (Commission) refusal to incorporate regional state boards in decision-making policies. The author suggests that this policy of division between the federal and state authorities is not consistent with the Commission's legislative mandate from Congress. He recommends that the Commission accommodate state desires for participation in those matters in which the balance of political needs favors coordinated action.

This Article critiques the rationales offered by the Commission for avoiding the use of joint boards, hearings, or conferences.

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