UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Chief Administrative Law Judge’s 

Notices to the Public

Docket No. AD20-12-000 

NOTICE TO THE PUBLIC

NOTICE OF REMOTE HEARINGS

(Issued April 23, 2020)

1. Effective immediately and until further notice, the Office of Administrative Law 

Judges (OALJ) will conduct all hearings remotely. This action is taken pursuant to 

sections 554, 556, and 5571 of the Administrative Procedure Act and authority duly 

delegated by the Chairman of the Commission.2

 

2. In light of the existing public health emergency and to protect the health of the 

public and the individuals who work for the Commission, it is necessary to modify the 

venue for future hearings by conducting them remotely through video conference 

software. Despite the change of venue, the Presiding Judge and all participants can 

comply with the relevant Commission Rules, guidance, and due process procedures that 

apply to the hearing in each proceeding. The Presiding Judge will be able to fulfill the 

required duties under Subpart E of the Commission’s Rules of Practice on Procedure,3

1 Administrative Procedure Act, 5 U.S.C. §§ 554, 556, and 557 (2012).

2 18 C.F.R. § 375.304(b)(1)(v) (2019). This Order also serves as notice of the 

place of a conference with purpose to conduct the entire hearing, which will now be 

convened by videoconference. 18 C.F.R. § 385.601 (a)-(b)(1) (permitting the decisional 

authority to convene conferences “at any time for any purpose related to the conduct or 

disposition of the proceeding[,]” provided, in part, that the participants are “given due 

notice of the time and place” of the conference); 18 C.F.R. § 375.304(a) (“The 

Commission authorizes the Chief Administrative Law Judge ... to exercise the power 

granted to a Presiding Officer by part 385 ...” ).

3 18 C.F.R. § 385 Subpart E—Hearings. 
Docket No. AD20-12-000 - 2 -

including Rule 504 thereof,4 by conducting the hearing using video conference software. 

The Electronic Hearing Rules, which allow exhibits to be uploaded remotely through 

SharePoint,5 will continue to apply and be used in conjunction with the video conference 

software. The Electronic Hearing Rules also assure compliance with the obligation to 

create a record.6

 In short, nothing about the hearing changes, except its venue, which will 

now be remote. 

3. Further, conducting hearings through video conference software will also serve the 

public interest. It allows the Commission to continue to fulfill its mission7 while FERC’s 

headquarters remains closed due to the ongoing national health emergency.8

 This also 

promotes the Commission Guiding Principles of Organizational Excellence, Regulatory 

Certainty, and Timeliness by using “resources efficiently and effectively”, providing 

“consistent approaches and actions”, and reaching “an appropriate resolution of each 

proceeding in an expeditious manner.”9

 

4. Indeed, this Notice also allows participants to save travel expenses to Commission 

headquarters in Washington, among other expenses, and permits the Office of 

Administrative Law Judges (OALJ) to utilize Commission investments in technological 

upgrades in a manner that will enable OALJ to continue to ensure the consistent and 

timely administration of justice. 

4 18 C.F.R. § 385.504. 

5 Office of Administrative Law Judges (OALJ), Electronic Hearing Rules and 

Procedures (Jan. 14, 2020), https://www.ferc.gov/legal/admin-lit/Electronic-HearingRules.pdf. 

6 See 5 U.S.C. §§ 556(e), 557 (describing the record agencies must develop when 

utilizing a presiding officer in its development). 

7 FERC’s Mission is to “[a]ssist consumers in obtaining economically efficient, 

safe, reliable, and secure energy services at a reasonable cost through appropriate 

regulatory and market means, and collaborative efforts.” About FERC (Mar. 31, 2020), 

https://www.ferc.gov/about/about.asp (About FERC). 

8 See FERC Coronavirus Update: March Meeting Canceled, Staff Telework 

Encouraged, Building Closed to Public (Mar. 13, 2020), 

https://www.ferc.gov/media/news-releases/2020/2020-1/03-13-20.asp#.XnDs9D9KhPZ.

9 About FERC, available at https://www.ferc.gov/about/about.asp (emphasis 

added). 
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5. The Presiding Judge in each remote hearing will also ensure that the participants 

have access to an IT Day prior to the hearing to allow all participants, witnesses, and the 

public who will attend the hearing to learn more about the remote hearing software and to 

get their technical questions answered by the appropriate Commission staff. 

6. Lastly, in light of the current circumstances, the Chief Judge urges all participants 

in proceedings pending before OALJ to renew their efforts to settle their disputes. Please 

contact the Chief Judge’s staff if a settlement judge or dispute resolution facilitator

should be designated in your proceeding. 

SO ORDERED.

Carmen A. Cintron

Chief Administrative Law Judge