Draft Legislation Concerning an Electric Reliability Organization

B-360241: Mar 18, 2003

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GAO was asked whether certain provisions in draft legislation would be deemed an unconstitutional delegation of congressional authority to a private organization. The draft provisions, part of the draft Energy Policy Act of 2003, would authorize a privately-run but FERC-certified Electric Reliability Organization to establish and enforce, subject to FERC review, reliability standards for the bulk-power electricity transmission system.

GAO concludes that the provisions would comply with the courts' limitations on permissible delegations of congressional authority and thus would be constitutional.

Draft Legislation Concerning an Electric Reliability Organization, B-360241, March 18, 2003


March 18, 2003

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