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Federal Roles/Players
Commissioner David Boyd Minnesota Public Service Commission
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Hierarchy of Federal Regulation
EPA DHS DOE NRC FERC FEMA NERC NARUC COMM State UTIL
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Understanding the Federal Hierarchy
Laws Federal Government Regulations Federal Agencies Standards Branch Agencies Compliance Commissions
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Agencies Central Responsibility
FERC DOE Electricity Fuel & Reliability Technology & Nuclear NARUC FEMA NRC NERC Safety Health & Defense EPA DHS
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NARUC National Association of Regulatory Utility Commissioners
David Wright Chairman Headquarters: 1101 Vermont Avenue NW Suite Washington DC
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NARUC History Founded 1889 – Non-profit Organization
“Dedicated to supporting the State public service commissions who regulate state utilities that provide essential services such as energy, communications, water, and transportation.” set and influence public policy, share best practices, and foster innovative solutions to improve regulation.
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NARUC Jurisdiction Advisory/Intermediary State Level Utilities
Mediates with Federal Gov’t and federal agencies on behalf of public state utility commissions Gives Congress commissions’ positions on issues Provides witnesses for congressional committees Gives policy briefings to Senate and House Files briefs and pleadings with Supreme Court Makes policy proposals to Executive Branch Works with agencies to develop regulatory policies
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Agencies Core Responsibilities
FERC DOE Electricity Fuel & Reliability Technology & Nuclear NARUC FEMA NRC NERC Safety Health & Defense EPA DHS 8
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888 First Street NE, Washington DC FPC named FERC 1977
Jon Wellinghoff Chairman Headquarters: 888 First Street NE, Washington DC FPC named FERC 1977
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FERC Jurisdiction Hydroelectric Interstate Regulation electricity
natural gas oil Regulation
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FERC Regulation of wholesale sales of electricity and transmission of electricity in interstate commerce Oversight of mandatory reliability standards for the bulk power system Promotion of strong national energy infrastructure, including adequate transmission facilities
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FERC Electric Reliability Mandatory reliability and security standards
The Commission monitors and directs the Electric Reliability Organization (ERO) Users, owners, and operators of the bulk power system
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Gas and LNG Interstate Commerce
Regulation of pipeline transportation, storage, facility construction and abandonment Interstate regulation of natural gas transportation Establish rates for transmission services
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Hydro Licenses for new construction
Licenses for the continuance of existing projects (relicensing). Conducts oversight of ongoing project operations, including dam safety inspections and environmental monitoring. Environmental Impact Statements
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NERC—June 1 1968 National Energy Reliability Council
John Anderson – Chairman Headquarters: 3353 Peachtree Road NE Suite 600 North Tower Atlanta, Georgia
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NERC Established June 1st 1968
NERC appointed electric utility industry’s primary point of contact with US government August 8th US Energy Policy Act July 20th NERC appointed “electric reliability organization” with FERC oversight June 18th Compliance with NERC standards becomes mandatory and enforceable
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Reliability-Dispatch
Source EIA
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NERC’s Area of Influence
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How do FERC/NERC Fit Together?
FERC suggests regulation or policy NERC, non-government, works with industry to establish standards that will fulfill compliance with FERC regulations/policy FERC has veto power over anything NERC does but
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FERC, NERC & NARUC NARUC is a go between that can address regulatory issues at any level They represent the interests of state regulatory commissioners to NERC, FERC and the federal government in shaping laws, regulations, standards and policy
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Agencies Core Concerns
FERC DOE Electricity Fuel & Transmission Reliability Technology & Nuclear NARUC FEMA NRC NERC Safety Health & Defense EPA DHS 21
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NRC--1974 Nuclear Regulatory Commission
Alison McFarlane Chairman Headquarters: One White Flint North Rockville Pike Rockville, MD
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NRC History Atomic Energy Act 1946—Secret
Act ruled that nuclear weapon development and nuclear power management would be under civilian, rather than military control, and it established the United States Atomic Energy Commission Atomic Energy Act Public Use-Too Cheap to Meter
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Energy Reorganization Act 1974
Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that: a. the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and b. the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.
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Act Created the NRC 1975 “To license and regulate the nation's civilian use of byproduct, source, and special nuclear materials in order to ensure the adequate protection of public health and safety, promote the common defense and security, and to protect the environment”
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NRC Areas of Focus Reactors Materials Waste
“Commercial reactors for generating electric power and research and test reactors used for research, testing, and training” Materials “Uses of nuclear materials in medical, industrial, and academic settings and facilities that produce nuclear fuel” Waste “Transportation, storage, and disposal of nuclear materials and waste, and decommissioning of nuclear facilities from service”
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NRC Jurisdiction Licensing and Regulation
Nuclear Reactors Materials Waste Overlap with EPA/DHS common defense and security” entity NRC achieves through regulation and licensure (ie passively) DHS has authority to use force to promote achieve the goal
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NRC and EPA If nuclear-related activities affect the air or water, this falls in the EPA’s jurisdiction For example: Uranium mining Public radiation exposure
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NRC and DHS When a person or entity is handling nuclear materials/equipment in a way such as to attack or threaten, this falls in the DHS’ jurisdiction When a person or entity inadvertently creates a potential threat through carelessness or failure to comply with policy, this falls in the NRC’s jurisdiction
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DOE 1973 and on Department of Energy
Dr. Steven Chu Secretary Headquarters: 1000 Independence Ave SW Washington DC
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DOE—Early History Manhattan Project (Army Corp of Engineers)
Atomic Energy Commission 1973 Gas Shortage Jimmy Carter: The Department of Energy Organization Act of 1977 assumed the responsibilities of: Federal Energy Administration Energy Research and Development Administration Federal Power Act (1920)
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Jimmy Carter: Need for coordinated action
The Department of Energy Organization Act of 1977 assumed the responsibilities of: Federal Energy Administration Energy Research and Development Administration Federal Power Act (1920)
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A 1977 Consolidation Federal Energy Regulatory Commission;
Economic Regulatory Administration; Automotive research and development sections of the Environmental Protection Agency; Solar Research and Development from the National Science Foundation; and Fossil Energy and Development from the Department of the Interior's Office of Coal Research, as well as several Power Administrations.
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DOE Mission “to ensure America’s security and prosperity by addressing its energy, environmental and nuclear challenges through transformative science and technology solutions”
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DOE Areas of Focus Energy Science and Innovation
“Catalyze the timely, material, and efficient transformation of the nation’s energy system and secure U.S. leadership in clean energy technologies.” Science and Innovation “Maintain a vibrant U.S. effort in science and engineering as a cornerstone of our economic prosperity with clear leadership in strategic areas.” Nuclear Safety and Security “Enhance nuclear security through defense, nonproliferation, and environmental efforts.” Management and Operational Excellence
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DOE Jurisdiction Technology Nuclear
Improve the state of energy-based technology Funding Patents Nuclear Systems and processes Reduce risk of nuclear proliferation and nuclear materials abuse/misuse Minimize impact of nuclear energy on environment
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Agencies Core Concerns
FERC DOE Electricity Fuel & Transmission Reliability Technology & Nuclear NARUC FEMA NRC NERC Safety Health & Defense EPA DHS 37
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EPA-1970 Environmental Protection Agency
Lisa Jackson – Administrator Headquarters Pennsylvania Ave, Washington DC
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History of EPA Conservation Ecology Environmentalism Earth Day
Reorganization Plan No 3 of 1970 – July 9th 1970 EPA Order December 4th 1970 Clean Air Act – 1970
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EPA Mission/Purpose “EPA's purpose is to ensure that:
all Americans are protected from significant risks to human health and the environment where they live, learn and work; national efforts to reduce environmental risk are based on the best available scientific information; federal laws protecting human health and the environment are enforced fairly and effectively; environmental protection is an integral consideration in U.S. policies concerning natural resources, human health, economic growth, energy, transportation, agriculture, industry, and international trade, and these factors are similarly considered in establishing environmental policy; all parts of society -- communities, individuals, businesses, and state, local and tribal governments -- have access to accurate information sufficient to effectively participate in managing human health and environmental risks; environmental protection contributes to making our communities and ecosystems diverse, sustainable and economically productive; and the United States plays a leadership role in working with other nations to protect the global environment.”
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EPA Functions Develop and Enforce Environmental Regulations
Develop and Fund Research Topics and Evaluate the Results Sponsor Partnerships Teach the Public About the Environment Publish Information
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EPA Jurisdiction http://www.epa.gov/lawsregs/basics.html
Develop and Enforce Regulations Coal, Oil, Natural Gas Air and Water Pollution Emissions
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FEMA W. Craig Fugate- Secretary Headquarters: 500 C St SW
Washington DC
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FEMA History 1979- Executive order from President Carter forms FEMA
March FEMA joins DHS October 4th Post-Katrina Emergency Reform Act reorganizes FEMA
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DHS Janet Napolitano- Secretary Headquarters:
1100 Alabama Avenue SE Washington DC
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DHS History 9/11/2001- Terrorist attacks on World Trade Center
November 25th Homeland Security Act of 2002 July DHS Reorganization
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DHS Responsibilities “Prevent Terrorism and Enhance Security”
“Enforce and Administer Our Immigration Laws” “Ensure Resilience to Disasters” “Secure and Manage Our Borders” “Safeguard and Secure Cyberspace” “Mature and Strengthen DHS”
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