Establishing the Federal Energy Regulatory Commission Office of Public Participation: A Review of Stakeholder Input

In 1978, as part of the sweeping changes to the Federal Power Act (FPA) under the Public Utility Regulatory Policies Act of 1978 (PURPA), Congress ordered the creation of an “Office of Public Participation” at the Federal Energy Regulatory Commission (FERC). For forty years, this mandate remained unfilled. On February 22, 2021, in response to a further congressional directive, FERC issued Docket No. AD-21-9 to solicit public input on how the Commission should establish and operate the Office of Public Participation (OPP) and held a series of listening sessions over the following months. Over the course of spring 2021, FERC received more than a dozen hours’ worth of spoken comment and more than 100 written comments on the form, function, and goals of the OPP. Stakeholders included landowners and community members affected by proposed projects, environmental and consumer advocates, energy companies, State and Tribal governments, and many more.

This report, accompanied by a "Quick Take" executive summary, explores in detail the key recommendations from this diverse and experienced set of commenters. Across these recommendations, the report identifies four common themes: 

• The OPP must have both the authority to have real influence in FERC’s decision making and the independence to serve as an objective entity to assist the public. The OPP should ensure the public meaningfully informs decision making.
• Increasing the overall accessibility of FERC to the general public through procedural and administrative updates will be an important and central part of the OPP’s work.  Stakeholders provided recommendations to reduce barriers to participation, through actions such as improving the website, reforming outreach, and expanding engagement with local communities.
• Educational, technical, and financial assistance can help to level the playing field and provide additional resources to stakeholders without extensive experience with FERC.  Resources can include educational assistance, technical assistance, and intervenor compensation.
• Specific stakeholder groups, including landowners, marginalized groups, and Tribal governments may be best served by dedicated or special assistance. While the OPP can and should provide resources to all parties, certain stakeholder groups may particularly benefit from OPP resources.

This report was prepared by M.J. Bradley & Associates for the Sustainable FERC Project of the Natural Resources Defense Council (NRDC).