Federal Reports Act Jurisdiction over Federal Energy Regulatory Commission

Reconsideration was requested of a decision concluding that the Federal Energy Regulatory Commission (FERC) is an independent regulatory commission subject to Federal Reports Act clearance by GAO. It was argued that when certain functions were transferred from the Federal Power Commission (FPC) to FERC, the information gathering responsibility was transferred to the Energy Information Administration (EIA) over which the Office of Management and Budget (OMB), not GAO, has jurisdiction. The FERC is an independent regulatory agency subject to GAO clearance jurisdiction under the Federal Reports Act, and information gathering by FERC is subject to GAO clearance. There is no basis for relinquishing GAO clearance solely because FERC will conduct much of its information gathering through EIA. To expedite clearance of FERC forms, FERC may choose to submit reports to either GAO or OMB.