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Federal Roles/Players

Federal Roles/Players. Commissioner David Boyd Minnesota Public Service Commission. Hierarchy of Federal Regulation. Federal. FED. DOE. EPA. DHS. FERC. NRC. FEMA. NERC. COMM. State. UTIL. NARUC. Understanding the Federal Hierarchy. Laws Federal Government Regulations

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Federal Roles/Players

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  1. Federal Roles/Players Commissioner David Boyd Minnesota Public Service Commission

  2. Hierarchy of Federal Regulation Federal FED DOE EPA DHS FERC NRC FEMA NERC COMM State UTIL NARUC

  3. Understanding the Federal Hierarchy • Laws • Federal Government • Regulations • Federal Agencies • Standards • Branch Agencies • Compliance • Commissions

  4. Agencies Central Responsibility FERC DOE NARUC Electricity Fuel & Reliability Technology & Nuclear FEMA NRC NERC Safety Health & Defense EPA DHS

  5. NARUC National Association of Regulatory Utility Commissioners • David Wright • Chairman • Headquarters: 1101 Vermont Avenue NWSuite 200 Washington DC

  6. 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.

  7. 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

  8. Agencies Core Responsibilities FERC DOE NARUC Electricity Fuel & Reliability Technology & Nuclear FEMA NRC NERC Safety Health & Defense EPA DHS

  9. Jon Wellinghoff • Chairman • Headquarters: 888 First Street NE, Washington DC • FPC named FERC 1977

  10. FERC Jurisdiction • Hydroelectric • Interstate • electricity • natural gas • oil • Regulation

  11. 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

  12. 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

  13. 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

  14. 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

  15. NERC—June 1 1968National Energy Reliability Council John Anderson – Chairman Headquarters: 3353 Peachtree Road NE Suite 600 North Tower Atlanta, Georgia

  16. NERC Established June 1st 1968 2000 - NERC appointed electric utility industry’s primary point of contact with US government August 8th 2005 - US Energy Policy Act July 20th 2006 - NERC appointed “electric reliability organization” with FERC oversight June 18th 2007- Compliance with NERC standards becomes mandatory and enforceable

  17. Reliability-Dispatch Source EIA

  18. NERC’s Area of Influence

  19. 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

  20. 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

  21. Agencies Core Concerns FERC DOE NARUC Electricity Fuel & Transmission Reliability Technology & Nuclear FEMA NRC NERC Safety Health & Defense EPA DHS

  22. NRC--1974Nuclear Regulatory Commission • Alison McFarlane • Chairman • Headquarters:One White Flint North11555 Rockville PikeRockville, MD

  23. 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 1954-Public Use-Too Cheap to Meter

  24. 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.

  25. 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”

  26. NRC Areas of Focus • Reactors • “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”

  27. 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

  28. 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

  29. 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

  30. DOE 1973 and onDepartment of Energy • Dr. Steven Chu • Secretary • Headquarters: 1000 Independence Ave SW Washington DC

  31. 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)

  32. 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)

  33. 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.

  34. DOE Mission “to ensure America’s security and prosperity by addressing its energy, environmental and nuclear challenges through transformative science and technology solutions”

  35. DOE Areas of Focus • Energy • “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

  36. DOE Jurisdiction • Technology • 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

  37. Agencies Core Concerns FERC DOE NARUC Electricity Fuel & Transmission Reliability Technology & Nuclear FEMA NRC NERC Safety Health & Defense EPA DHS

  38. EPA-1970Environmental Protection Agency Lisa Jackson – Administrator Headquarters- 1200 Pennsylvania Ave, Washington DC

  39. History of EPA Conservation Ecology Environmentalism Earth Day Reorganization Plan No 3 of 1970 – July 9th 1970 EPA Order 1110.2- December 4th 1970 Clean Air Act – 1970

  40. 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.”

  41. 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

  42. EPA Jurisdiction • http://www.epa.gov/lawsregs/basics.html • Develop and Enforce Regulations • Coal, Oil, Natural Gas • Air and Water • Pollution • Emissions

  43. FEMA W. Craig Fugate- Secretary Headquarters: 500 C St SW Washington DC

  44. FEMA History 1979- Executive order from President Carter forms FEMA March 2003- FEMA joins DHS October 4th 2006- Post-Katrina Emergency Reform Act reorganizes FEMA

  45. DHS Janet Napolitano- Secretary Headquarters: 1100 Alabama Avenue SEWashington DC

  46. DHS History 9/11/2001- Terrorist attacks on World Trade Center November 25th 2002- Homeland Security Act of 2002 July 2005- DHS Reorganization

  47. 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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