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Federal Energy Regulatory Commission

Legal Resources Administrative Litigation Administrative Litigation Functions

Administrative Litigation Functions
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ALJ Functions- Administrative Hearings

Functions of the presiding judge include:

  • Managing and presiding over hearings and investigations on-the-record;
  • Issuing orders;
  • Issuing initial decisions;
  • Issuing reports to the Commission;
  • Overseeing Discovery;
  • Acting on motions filed in a case;
  • Making findings of fact;
  • Certifying questions to the Commission;
  • Reviewing and certifying settlements to the Commission; and
  • Summarily disposing of cases.

Under the Commission's rules of practice and procedure, Administrative Law Judges (ALJ) acts as settlement judges, mediators, facilitators, and arbitrators.

FERC Trial Staff Functions

Functions of the FERC Trial Staff include:

  • conducting needed discovery (obtaining information from other parties);
  • performing detailed analysis of data to develop testimony and exhibits;
  • supporting such testimony through cross examination in hearings;
  • preparing and presenting oral arguments, and conducting direct and cross examination in proceedings before ALJs;
  • preparing and filing legal briefs;
  • ensuring that the evidentiary record developed in each case is adequate for decision making by the ALJ and the Commission, while meeting all required deadlines;
  • developing and serving on all parties objective settlement positions (top sheets);
  • conducting or participating in settlement processes with energy industry officials, state commissions, customers and other intervening parties; and
  • assisting the settlement judge and parties to ensure agreements are consistent with Commission policy.