Journal articles: 'Federal Engery Regulatory Commission'

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Nunez, Karen. "The Federal Energy Regulatory Commission and derivatives." Journal of Financial Reporting and Accounting 10, no. 1 (June 29, 2012): 55–72. http://dx.doi.org/10.1108/19852511211237444.

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John, Douglas F. "Update on Federal Energy Regulatory Commission Order No. 436." Natural Gas 4, no. 1 (September 11, 2007): 4–12. http://dx.doi.org/10.1002/gas.3410040101.

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Stewart, William R., and Evan R. Horowitz. "Environmental factor weighting at the federal energy regulatory commission." Socio-Economic Planning Sciences 25, no. 2 (January 1991): 123–32. http://dx.doi.org/10.1016/0038-0121(91)90010-o.

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Konnert, Timothy, and Wright Frank. "The Federal Energy Regulatory Commission and the Minerals Management Service." Oceanography 23, no. 2 (June 1, 2010): 53. http://dx.doi.org/10.5670/oceanog.2010.43.

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Trabandt, C. A. "Electric utility transmission policy at the Federal Energy Regulatory Commission." IEEE Power Engineering Review 10, no. 1 (January 1990): 5–8. http://dx.doi.org/10.1109/39.44410.

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Ross, Alex. "Federal Pipeline Rate Making: Alternative Approaches of the United States Federal Energy Regulatory Commission." Alberta Law Review 45, no. 3 (March 1, 2008): 735. http://dx.doi.org/10.29173/alr263.

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This article provides an overview of the alternative rate making methodologies adopted by the United States Federal Energy Regulatory Commission (FERC) in itsregulation of transportation rates for oil and natural gas pipelines. In 1997, authority over rate making for interstate oil and natural gas pipelines was transferred to the newly created FERC. This article describes the history of interstate pipeline rate making and the transfer of rate making authority to the FERC.The author looks at the innovative pipeline rate making methodologies implemented by the FERC in its regulation of transportation rates for both oil andnatural gas pipelines. The article describes the adoption by FERC of market based rates and a generally applicable indexed rate cap methodology for oil pipelinerate setting. In respect of natural gas pipelines, the legislative requirements and practical realities associated with cost-of-service rate making by FERC aredescribed and FERC’s policies permitting selective discounting, shipper-specific negotiated rates, and market based rates for natural gas pipelines arereviewed.The Commission’s adoption of the alternative rate making methodologies has taken the emphasis off of general rate case litigation as a means of establishingjust and reasonable rates for interstate oil and natural gas pipelines and related facilities. The alternative rate making methodologies also represent a significantdeparture from cost-of-service rate making, with increasing focus on rate flexibility and competition as a means of generating efficiencies for customers of interstate oil and natural gas pipelines.

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Newman, Patrick. "Personnel is Policy: Regulatory Capture at the Federal Trade Commission, 1914–1929." Journal of Institutional Economics 15, no. 6 (June 28, 2019): 1037–53. http://dx.doi.org/10.1017/s1744137419000341.

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AbstractThis paper uses the concept of “Personnel is Policy” to extend the theory of regulatory capture to the political appointment of agency commissioners. The “Personnel is Policy” theory provides three important insights. First, it shows that whether or not an interest group benefits from a regulatory agency depends on the particular individuals appointed to run it. Second, the president plays an important role in regulatory capture by nominating individuals to be appointed to the commission. Third, regulatory capture does not follow a pre-determined path because the commissioners continually change. The theory is then used to explain the early years of a prominent regulatory agency created during the Progressive Era: the Federal Trade Commission. From the perspective of the big business “trust” interest group, their success at capturing the FTC to achieve their goals of controlling competition and blocking hostile antitrust actions was largely a result of who was appointed to the commission. The trusts were the most successful during the years of 1915–1916 and 1925–1929.

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Haskell, Mark R., and Levi McAllister. "Policing Market Manipulation: A Review of Evolving Federal Energy Regulatory Commission Policy." Electricity Journal 24, no. 2 (March 2011): 34–43. http://dx.doi.org/10.1016/j.tej.2011.01.011.

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Muris, Timothy J. "Regulatory Policymaking at the Federal Trade Commission: The Extent of Congressional Control." Journal of Political Economy 94, no. 4 (August 1986): 884–89. http://dx.doi.org/10.1086/261413.

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Grisinger, Joanna. "Law in Action: The Attorney General's Committee on Administrative Procedure." Journal of Policy History 20, no. 3 (July 2008): 379–418. http://dx.doi.org/10.1353/jph.0.0020.

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The story of American political development in the twentieth century is in no small part the story of administration. Administrative agencies, bureaus, and departments tasked with handling the work of the federal government had been a feature of governance since the early republic. With the creation of the Interstate Commerce Commission in 1887, however, administrative agencies and independent regulatory commissions began to proliferate across the federal landscape. By the end of the massive expansion of federal power that characterized the New Deal, Americans very much experienced government through their interactions with bureaucrats and with administrative boards. Individuals and businesses claimed benefits from the Railroad Retirement Board and Veterans Administration, defended themselves against claims of unfair competition before the Federal Trade Commission, requested permits from the Federal Alcohol Administration and the Federal Communications Commission, and sought to resolve labor disputes before the National Labor Relations Board.

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Konnert, Timothy. "The Role of the Federal Energy Regulatory Commission in Authorizing Hydrokinetic Technology Projects." Oceanography 23, no. 2 (June 1, 2010): 54–59. http://dx.doi.org/10.5670/oceanog.2010.44.

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Bloom, David I., and Angela D. O’Brien. "Taking ‘Control’: Federal Energy Regulatory Commission Policy on Acquisitions of Electric Utility Securities." Electricity Journal 22, no. 4 (May 2009): 43–52. http://dx.doi.org/10.1016/j.tej.2009.03.018.

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Tackaberry, W. R. "W.R. Tackaberry's Statement To The Federal Energy Regulatory Commission On October 23, 1987." IEEE Power Engineering Review 8, no. 1 (January 1988): 25. http://dx.doi.org/10.1109/mper.1988.587541.

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Hughes, Terrance M., Harold R. Huber, and Sean J. Korney. "Recent Legislative and Regulatory Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 35, no. 2 (April 1, 1997): 498. http://dx.doi.org/10.29173/alr654.

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The purpose of this article is to provide a brief review of recent legislative and regulatory developments of particular interest to oil and gas lawyers. Part II deals with legislative developments, reporting recent changes in statutes and regulations. Federal and Alberta legislative developments and certain noteworthy developments in British Columbia and Saskatchewan are reported Part III of the article considers regulatory developments with respect to decisions made at both the federal and provincial levels. At the federal level, the authors examine recent decisions of the National Energy Board The authors also examine decisions made by the Alberta Energy and Utilities Board and the British Columbia Utilities Commission.

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Hollingworth, Alan S. "California Gas: A Brief History and Recent Events." Alberta Law Review 31, no. 1 (February 1, 1993): 86. http://dx.doi.org/10.29173/alr678.

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The author discusses recent developments and ongoing issues related to regulatory authorities, contracts and pipeline matters affecting the gas industry in California, in comparison to elsewhere in the United States and Canada. Included is a review of some of the more important decisions of the Federal Energy Regulatory Commission, the California Public Utilities Commission and the National Energy Board. This paper is solely the work of the author. The views expressed herein do not necessarily represent the views of the author's firm or any client of that firm.

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MacLean, Elizabeth Kimball. "Joseph E. Davies: The Wisconsin Idea and the Origins of the Federal Trade Commission." Journal of the Gilded Age and Progressive Era 6, no. 3 (July 2007): 249–84. http://dx.doi.org/10.1017/s1537781400002097.

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In response to an enormous growth of trusts in the late nineteenth century, demands for reform among a wide spectrum of interest groups culminated in the Federal Trade Commission Act of 1915. Playing an influential, though little-recognized role in framing this legislation was Wisconsin progressive Democrat Joseph E. Davies. As Commissioner of Corporations, Davies served in a unique, dual capacity as both politician and regulator, giving him access to President Woodrow Wilson and influence on the antitrust legislation. Davies used his position to promote a vision of administrative regulation based on the nationally recognized “Wisconsin Idea.” In so doing, he intensified conflicts among Wilson's policy advisers that, in turn, had a critical impact on the antitrust legislation and on the potential effectiveness of the first commission. In the long run, however, Davies' approach to regulatory policy, based on the Wisconsin Idea, would become standard operating procedure for successful regulatory commissions of the twentieth century.

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Smith, L. E., Marie H. Buchinski, and And Deirdre A. Sheehan. "Recent Regulatory and Legislative Developments of Interest to Energy Lawyers." Alberta Law Review 48, no. 2 (December 1, 2010): 417. http://dx.doi.org/10.29173/alr160.

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This article identifies recent regulatory and legislative developments of interest to oil and gas lawyers. The authors survey a variety of subject areas, examining decisions of key regulatory agencies such as the National Energy Board, the Ontario Energy Board, the Alberta Energy Resources Conservation Board, the Alberta Surface Rights Board, and the Alberta Utilities Commission, as well as related court decisions. In addition, the authors review a variety of key policy and legislative changes from the federal and provincial levels.

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Abernethy, Avery M., and George R. Franke. "FTC Regulatory Activity and the Information Content of Advertising." Journal of Public Policy & Marketing 17, no. 2 (September 1998): 239–56. http://dx.doi.org/10.1177/074391569801700208.

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Meta-analysis of studies examining more than 66,000 U.S. advertisements indicates that advertisements contained significantly fewer objective information claims during a period of strict advertising regulation by the Federal Trade Commission (1971–1981) than in the subsequent, less stringent period (1982–1992). The results do not appear to be due to spurious effects of atypical studies, other contemporaneous trends in the United States, or global economic factors. An important implication for public policy is that strict advertising regulation may have reduced the amount of advertising information available to consumers.

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Preston, Ivan L. "Regulatory Positions toward Advertising Puffery of the Uniform Commercial Code and the Federal Trade Commission." Journal of Public Policy & Marketing 16, no. 2 (July 1997): 336–44. http://dx.doi.org/10.1177/074391569701600214.

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The author compares recent developments involving the Uniform Commercial Code (UCC) and the Federal Trade Commission (FTC) on the legal treatment of puffery claims in advertising. The author offers the opinion that changes now being made in the UCC will create a more appropriate approach to puffery than the longstanding unchanged position of the FTC.

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Luchansky, Bill, and Jurg Gerber. "Constructing State Autonomy: The Federal Trade Commission and the Celler-Kefauver Act." Sociological Perspectives 36, no. 3 (September 1993): 217–40. http://dx.doi.org/10.2307/1389243.

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Though theory and evidence suggests that state agencies can be important social actors in their own right, few studies have attempted to account for their organizational strength. We examine the passage of a key piece of antitrust legislation, the Celler-Kefauver Act of 1950, and seek to account for the success of the Federal Trade Commission in expanding its regulatory mandate. We argue that the FTC was successful because it acted much like a social movement organization. Specifically, it defined mergers as a social problem, acted to spread this definition, mobilized resources, set the political agenda, and, finally, took advantage of a favorable opportunity structure. We close by suggesting other examples of initiatives by state agencies that might either verify or qualify our findings.

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John, Douglas F. "Marketing Alberta Natural Gas in the United States after the Free Trade Agreement: Negotiating the U.S. Regulatory Maze." Alberta Law Review 28, no. 1 (January 1, 1990): 94. http://dx.doi.org/10.29173/alr704.

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Although the border between Canada and the United States for natural gas has been open for some time now, the free-market development of natural gas industries is changing from short-term deal-making to long-term industry placement. Here the Canada-United States Free Trade Agreement will take on a critical role in permitting decisions on elements of trade to be made more confidently. This article focuses on key U. S. federal regulatory principles and programs and how Congress's intention in the Natural Gas Act has been carried through so that the federal government will no longer occupy the field of gas regulation, but ensure that where the use of that commodity involves the interests of two or more states, the overall national public interest would be protected. Therefore, producing states would regulate the physical production of gas before it enters the stream of interstate commerce as well as control matters entirely intrastate in nature. The future of contract demand conversions and gas inventory charges will allow customers to purchase gas from a variety of competitive suppliers without suffering a loss of service reliability. In effect gas inventory charges represent the Federal Energy Regulatory Commission's attempt to prevent pipelines from finding them selves with massive take-or-pay liabilities. Through Order No. 436, the Commission has attempted to streamline the regulatory approval process for pipeline construction projects and in turn to foster market competition. The author argues that rate reform is making its way towards what he feels is its natural conclusion where contract, rather than regulation, will be the principal determinant of right and obligation between industry participants at the interstate level. The Federal Energy Regulatory Commission would become more of a referee than director for questions of anti-competitive behaviour in the use of interstate facilities.

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Collier, Deirdre M., and Paul J. Miranti. "The Enlightenment’s connections to two US accounting-based regulatory models." Accounting History 24, no. 2 (July 29, 2018): 269–92. http://dx.doi.org/10.1177/1032373218787296.

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Enlightenment ideals relating to individual and group autonomy versus state power have long shaped socioeconomic ordering in the Western world. This article explores how competing Enlightenment ideologies influenced the development of two different accounting-based regulatory models in the United States, the Interstate Commerce Commission (ICC) and the Securities and Exchange Commission (SEC). Both commissions experimented with both models with different outcomes. The ICC, formed in 1887, ultimately followed a Hamiltonian approach involving direct intervention of the federal government to regulate the monopoly power of railroads. Almost half of a century later, after the 1929 Crash, the SEC was formed to re-establish public confidence in the nation’s financial markets. That resulted in reducing investors’ risk perceptions by assuring greater transactional transparency and probity. The SEC settled upon a Jeffersonian approach, which supported the delegation of responsibility for the application of accounting knowledge in regulation to professional groups rather than government officials. This approach characterized the emergent bureaucracy of the United States’ fast-expanding national executive state.

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Cool, D. A. "US NRC discussion of options to revise radiation protection recommendations." Annals of the ICRP 41, no. 3-4 (October 2012): 313–17. http://dx.doi.org/10.1016/j.icrp.2012.06.006.

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The Nuclear Regulatory Commission (NRC) is continuing the process of engaging stakeholders on issues associated with possible changes to the radiation protection regulations contained in 10 CFR Part 20, and other parts of the NRC regulations, to increase alignment with international recommendations. The Commission is particularly seeking to explore implications, as appropriate and where scientifically justified, of greater alignment with the 2007 Recommendations of the International Commission for Radiological Protection. Other information from national and international sources is also being considered. Given that the NRC regulations provide adequate protection, the discussion has been focusing on discerning the benefits and burdens associated with revising the radiation protection regulatory framework. NRC, through three Federal Register Notices, has officially solicited comments on a series of key issues, and has conducted a series of facilitated workshops to encourage feedback from a wide range of stakeholders. The issues include the use of updated scientific methodologies and terminology, the occupational dose limits, and the use of the concepts of constraints in optimisation. NRC staff provided a policy paper with recommendations to the Commission on April 25, 2012 (NRC, 2012).

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Farmer, David J., and Layne N. Thiessen. "Recent Regulatory and Legislative Developments of Interest to Energy Lawyers." Alberta Law Review 51, no. 2 (December 1, 2013): 427. http://dx.doi.org/10.29173/alr73.

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This article highlights important legislative and regulatory developments of relevance to energy lawyers, including those involving electricity matters and related jurisprudence that arose between May 2012 and May 2013. The authors have reviewed a wide variety of subject areas, including examining decisions of key regulatory agencies such as the National Energy Board, the Canadian Environmental Assessment Agency, Alberta’s Energy Resources Conservation Board, the Alberta Utilities Commission, the Alberta Surface Rights Board, the Ontario Energy Board, the Ontario Environmental Review Tribunal, and the World Trade Organization. Additionally, federal and provincial legislation and regulations of significance introduced during this period are canvassed.

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Hazlett, Thomas W., and Bruno E. Viani. "Legislators v. Regulators: The Case of Low Power FM Radio." Business and Politics 7, no. 1 (April 2005): 1–31. http://dx.doi.org/10.2202/1469-3569.1104.

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The Federal Communications Commission rule making for low power FM radio was widely reported as an instance where Congress sharply rebuked a regulatory agency for enacting rules too favorable to entrants. Theories of bureaucratic control generally agree that when such events occur, policy differences of Congress and the agency must be large. Because rival policy positions are quantifiable in this case, the preferences of Congress and the Commission can be directly evaluated. While the distance between the policy position of the Commission and Congress appear large, they signified a negligible increment in competition when compared to a benchmark efficient policy. A financial event study supports this interpretation, as radio broadcaster's equity values were not materially affected by either events in Congress or the Commission. Thus, even marginal differences may prompt a costly intervention by Congress to ostensibly discipline an agency.

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Schultz, Nikol J. "Light-Handed Regulation." Alberta Law Review 37, no. 2 (July 1, 1999): 387. http://dx.doi.org/10.29173/alr527.

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This article examines the regulations of pipeline tolls and tariffs. In particular, concepts of fairness, economic rationale, selected Canadian and American case law and the discretion of regulators like the National Energy Board are discussed. The author presents lay aspects of the Westcoast Energy Inc. Framework for Light-Handed Regulation," explains the light-handed regulation of pipeline in Texas and by the Federal Energy Regulatory Commission, and concludes with future developments in Canada.

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Moore, Michael R., Elizabeth B. Maclin, and David W. Kershner. "Testing Theories of Agency Behavior: Evidence from Hydropower Project Relicensing Decisions of the Federal Energy Regulatory Commission." Land Economics 77, no. 3 (August 2001): 423–42. http://dx.doi.org/10.2307/3147134.

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Corones, Stephen, and Juliet Davis. "Protecting Consumer Privacy and Data Security: Regulatory Challenges and Potential Future Directions." Federal Law Review 45, no. 1 (March 2017): 65–95. http://dx.doi.org/10.1177/0067205x1704500104.

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This article considers the regulatory problems of online tracking behaviour, lack of consent to data collection, and the security of data collected with or without consent. Since the mid-1990s the United States Federal Trade Commission has been using its power under the United States consumer protection regime to regulate these problems. The Australian Competition and Consumer Commission (ACCC), on the other hand, has yet to bring civil or criminal proceedings for online privacy or data security breaches, which indicates a reluctance to employ the Australian Consumer Law (‘ACL’) in this field.1 Recent legislative action instead points to a greater application of the specifically targeted laws under the Privacy Act 1988 (Cth) (‘Privacy Act’), and the powers of the Office of the Australian Information Commissioner (OAIC), to protect consumer privacy and data security. This article contends that while specific legislation setting out, and publicly enforcing, businesses’ legal obligations with respect to online privacy and data protection is an appropriate regulatory response, the ACL's broad, general protections and public and/or private enforcement mechanisms also have a role to play in protecting consumer privacy and data security.

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Lee, Barbara A., and James Chelius. "Government Regulation of Labor-Management Corruption: The Casino Industry Experience in New Jersey." ILR Review 42, no. 4 (July 1989): 536–48. http://dx.doi.org/10.1177/001979398904200405.

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This study evaluates the impact of New Jersey's 1977 law controlling the casino industry and its unions. Based on interviews with casino managers, union representatives, state regulatory agency officials, and attorneys, the authors conclude that the Casino Control Commission has kept casino ownership and management free from organized crime, but only by means of stringent, unpopular regulations, such as licensing requirements that can delay the hiring of casino dealers for months. The Commission has been less successful in policing unions, partly, the authors argue, because of federal laws protecting unions. For example, union officials who are removed from office because of alleged associations with crime organizations can be (and have been) rehired by the union as consultants.

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Napolio, Nicholas G., and Jordan Carr Peterson. "Their Boot in Our Face No Longer? Administrative Sectionalism and Resistance to Federal Authority in the U.S. South." State Politics & Policy Quarterly 19, no. 1 (October 26, 2018): 101–22. http://dx.doi.org/10.1177/1532440018803960.

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What explains state agency resistance to actions taken by their federal counterparts? And do sectional tensions make state bureaucratic nonacquiescence particularly likely in the U.S. South? We theorize that state resistance to federal administrative policy is more likely among Southern state bureaus due to administrative sectionalism. We argue that state agencies can and do resist federal administrative orders independent of other political constraints. This study is among the first to consider the policy consequences of sectionalism in state bureaucracies. We test our claims by employing a mixed methods approach that analyzes each instance of litigation and intervention by state bureaucrats in opposition to actions and orders by the Federal Energy Regulatory Commission (FERC) from 2010 to 2017. We find that, all else equal, state agency resistance to federal utility policy is about 3.75 times as likely among Southern utility regulators. This research has important normative implications for administrative politics as it suggests agencies with putatively apolitical policy jurisdiction have political preferences driven by sectional tension.

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Wollschlaeger, Bernd. "The Dietary Supplement and Health Education Act and Supplements: Dietary and Nutritional Supplements Need No More Regulations." International Journal of Toxicology 22, no. 5 (September 2003): 387–90. http://dx.doi.org/10.1177/109158180302200509.

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The Dietary Supplement and Health Education Act (DSHEA) of 1994 was intended to ensure consumer access to safe dietary supplements, e.g., herbs, minerals, and vitamins. It granted the Food and Drug Administration (FDA) considerable enforcement authority to regulate dietary supplement industry. This article discusses relevant components of the DSHEA, explains the division of regulatory responsibilities between the FDA and the Federal Trade Commission (FTC), and refutes the often cited allegation that the herb and dietary supplement industry are unregulated.

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Petry, Neil A. "NRC and FDA Regulations Affecting Nuclear Pharmacy Practice." Journal of Pharmacy Practice 2, no. 5 (October 1989): 306–13. http://dx.doi.org/10.1177/089719008900200509.

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Radiopharmaceuticals are radioactive drugs that are used in nuclear medicine practice for diagnosis and treatment of disease. Nuclear pharmacy practice is a patient-oriented pharmaceutical service that promotes the safe and efficacious use of radiopharmaceuticals and other drugs used in nuclear medicine, and is regulated jointly by a variety of federal, state, and local agencies. Given that the medical use of radiopharmaceuticals is highly regulated at multiple levels of government, it is not surprising that nuclear pharmacy practice is conducted in a complex regulatory environment. The purpose of this article is to provide a brief overview of this regulatory environment, primarily in terms of two important regulatory agencies involved (Nuclear Regulatory Commission and Food and Drug Administration), their primary authority and activities, and the regulations that must be satisfied in order to assure the safe and efficacious use of radiopharmaceuticals.

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Janisch, Hudson. "The Relationship Between Governments and Independent Regulatory Agencies: Will We Ever Get it Right?" Alberta Law Review 49, no. 4 (May 1, 2012): 785. http://dx.doi.org/10.29173/alr106.

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This article examines the relationship that exists between governments and independent regulatory agencies. The article begins by reviewing this relationship within the context of the Usage Based Billing (UBB) debate that began after the Federal government, in opposition to a ruling by the Canadian Radio-television and Telecommunications Commission (CRTC), ordered the CRTC to go back and review its decision. After discussing the various arguments in favour of and against UBB, and discussing the policy concerns that exist with respect to government intervention in regulatory decisions, the article then provides a suggestion as to what should have occurred during the UBB debate. Next, the article looks at energy regulation at the provincial level, using Alberta and British Columbia as case studies. Finally, the article concludes with a discussion on potential regulatory structural reforms.

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Jan, Sahibzada Muhammad Wasim, Hassan Shakeel Shah, and Ahmad Azam Bin Othman. "Evaluating the influence of Different Regulatory and Supervisory Bodies on the Business of Islamic Financial Institutions in Pakistan." Islamic Banking and Finance Review 7 (December 31, 2020): 1. http://dx.doi.org/10.32350/ibfr/2020/0700/444.

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Islamic financial market in Pakistan comprises of Islamic banking, Takaful and Islamic capital market which has been regulated and supervised by State Bank of Pakistan and Securities and Exchange Commission of Pakistan.Despite the regulatory and supervisory mechanism crafted by these authorities, there are other institutions i.e., The Council of Islamic Ideology, Federal Shariat Court and international institutions such as AAOIFI and IFSB which intervene and influence this practice. Based on descriptive analytical approach, the study finds that there is an overlapping situation in the authority over the business of IFIs. Therefore, it suggests that the current regulatory arrangement needs a distinctive sole authority over the business of Islamic financial institutions in Pakistan supported with adequate legal foundation.

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Рукина, I. Rukina, Филатов, and Vladimir Filatov. "Innovations in Public Administration." Administration 2, no. 1 (March 10, 2014): 11–23. http://dx.doi.org/10.12737/2812.

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The paper analyzes public administration innovations based on foreign and domestic experiences in creating regulatory impact assessment systems. Imperfections in legislative drafting activities on the federal level of the state power are emphasized. Deficiencies, found in the relevant legal acts of the Government of the Russian Federation, are consistently discussed at the meetings of the Government Commission on legislative drafting activities. It is shown that the regulatory impact assessment system can be helpful in eliminating these drawbacks, and significantly update the existing mechanisms and procedures of legal due diligence. It is stated, that in several countries introduction of regulatory impact assessment system have helped to substantially enhance quality control of normative acts elaborated; to streamline and implement quality expert examination of normative legal acts elaborated in terms of achieving goals and purposes of adoption and application thereof.

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Coglianese, Cary. "Improving regulatory analysis at independent agencies." Revista de Direito Administrativo 277, no. 3 (November 29, 2018): 15. http://dx.doi.org/10.12660/rda.v277.2018.77675.

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Desenvolvendo a análise regulatória nas agências independentes Each year, independent regulatory agencies—such as the Federal Communications Commission, Nuclear Regulatory Commission, and Securities and Exchange Commission—issue highly consequential regulations. When they issue their regulations, however, they do not have to meet the same requirements for analysis that apply to other agencies. Consequently, courts, policymakers, and scholars have voiced serious reservations about a general lack of high-quality prospective analysis of new regulations at independent agencies. These agencies’ track records with retrospective analysis of their existing regulations raise similar concerns. In this article, I approach the quality of regulatory analysis at independent agencies as a policy problem, assessing the current quality and offering possible solutions Congress could adopt to improve these agencies’ regulatory analysis. I present three options for improving prospective analysis by independent agencies: continuing to allow courts to encourage better analysis; subjecting independent agencies to the same White House review that currently applies to executive agencies; and amending the Unfunded Mandates Reform Act (UMRA) to impose a requirement for analysis but not White House review. The UMRA option would best balance the desire to improve prospective regulatory analysis at independent agencies with prevailing norms of autonomy that surround these agencies. In addition to improving prospective analysis, independent agencies should seek to produce more rigorous retrospective analysis of their existing regulations, both to improve the substantive performance of their existing regulations and to learn better what to expect when analyzing new regulations. I thus offer options for improving retrospective analysis by independent agencies, each of which could be adopted without undermining autonomy norms. Ultimately, to see independent regulatory agencies better fulfill their public missions, their leaders must make still smarter regulatory decisions—and the first step toward smarter decisions is to improve regulatory analysis. A cada ano, agências reguladoras independentes — como a Comissão Federal de Comunicações, a Comissão Reguladora Nuclear e a Comissão de Valores Mobiliários — emitem regulamentações altamente pretenciosas. Quando elas emitem suas regulamentações, no entanto, elas não precisam atender aos mesmos requisitos de análise que se aplicam a outras agências. Consequentemente, tribunais, formuladores de políticas e acadêmicos expressaram sérias advertências sobre uma falta geral de análise prospectiva de alta qualidade de novas regulamentações em agências independentes. Os registros dessas agências com análises retrospectivas de suas regulamentações existentes levantam preocupações semelhantes. Neste artigo, abordo a qualidade da análise regulatória nas agências independentes como um problema político, avaliando a qualidade atual e oferecendo as possíveis soluções que o Congresso poderia adotar para melhorar a análise regulatória dessas agências. Apresento três opções para aprimorar a análise prospectiva por agências independentes: continuar a permitir que os tribunais incentivem uma melhor análise; submeter agências independentes à mesma revisão da Casa Branca, que atualmente se aplica às agências executivas; e alterar o Unfunded Mandates Reform Act (UMRA) para impor um requisito de análise, mas não a revisão da Casa Branca. A última opção é a que melhor equilibraria o desejo de desenvolver a análise prospectiva das agências independentes com normas vigentes de autonomia que cercam essas agências. Além de melhorar a análise prospectiva, as agências independentes devem procurar produzir uma análise retrospectiva mais rigorosa de suas regulamentações existentes, tanto para melhorar o desempenho substantivo de seus regulamentos existentes quanto para aprender melhor o que esperar ao analisar novas regulamentações. Assim, ofereço opções para melhorar a análise retrospectiva de agências independentes, cada uma das quais poderia ser adotada sem prejudicar as normas de autonomia. Por fim, para que as agências reguladoras independentes cumpram melhor suas missões públicas, seus líderes devem tomar decisões regulatórias ainda mais inteligentes — e o primeiro passo em direção a decisões mais inteligentes é melhorar a análise regulatória.

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37

Druehl, Craig P. "HMO and Insurance Insolvency: The Benefits and Detriments of a Federal System." American Journal of Law & Medicine 23, no. 4 (1997): 487–509. http://dx.doi.org/10.1017/s0098858800012028.

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Accompanying its expansive growth over the last fifteen years, the health maintenance organization (HMO) industry transformed from collections of HMOs in local markets into an increasingly national system under the control of centralized corporations. During that time, HMOs established national chains in an effort to capture market share. The move toward nationalization of the HMO industry suggests the need for a critical analysis of the current HMO regulatory structure to determine whether it effectively safeguards the proper functioning of HMOs. As national and regional HMOs compete among themselves and with local HMOs, the need for unified, consistent financial protections with respect to HMOs and similar entities becomes acute. Competition from national HMOs creates increased financial risk for the smaller HMOs whose regional markets were previously insulated from broad-based competition. The need for preventative rules to offset this added risk, as well as a means by which to adjudicate consistently cases of HMO and insurance insolvency, became sufficiently acute that in March 1993 the U.S. House of Representatives sought to regulate federally the solvency of insurance companies by proposing a Federal Insurance Solvency Commission. In addition, to deal effectively with these problems, various industry participants and regulatory entities currently seek other remedies and attempt action of varying degrees.

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Richter-Reichhelm, H. B. "View of the Regulatory Use of Rat Liver Foci Data in the Federal Republic of Germany." Toxicologic Pathology 17, no. 4_part_1 (April 1989): 721–23. http://dx.doi.org/10.1177/0192623389017004117.

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Altered hepatocellular foci (AHF) are suspected of being phenotypic markers of a stage in the sequential process of tumor development in the liver. A number of short-term and mid-term tests, including some that use AHF as an endpoint, have been reviewed by the Federal Health Office to determine if they are suitable to replace long-term animals experiments for predicting the carcinogenic potential of chemicals. Although regulatory authorities recognize the advantages of short-term tests, including a possible reduction in the number of animals used, it is still premature to make a general recommendation regarding the suitability of these tests for regulatory decision-making. At this time, the Commission of European Communities (CEC) follows a decision-tree approach for regulating chemicals coming to the market. Since it is unrealistic to expect a reasonable number of AHF to evaluate in 28-day or 90-day studies, AHF can only be practically evaluated in the conventional long-term bioassay. There is still insufficient knowledge regarding the biological significance of the various phenotypic forms of AHF to use them as a relevant endpoint for regulatory purposes. However, data on AHF derived from routine hematoxylin and eosin (H&E) work can be used to aid in the interpretation of the study and in recommending additional investigations.

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Dabscheck, Braham. "‘Stolen Entitlements’: The 1997 Living Wage Case." Economic and Labour Relations Review 8, no. 1 (June 1997): 129–42. http://dx.doi.org/10.1177/103530469700800110.

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In April 1997 the Australian Industrial Relations Commission established a federal minimum award wage of $359.40 per week, and awarded a $10 per week safety net increase for workers who had been unable to obtain wage increases under the regime of enterprise bargaining. The Commission produced a split decision, the first time this has occurred in twenty years. This article provides a commentary on the respective decisions of the majority and minority. It examines the background or context of the case, the claims of the parties, and the reasoning of the majority and minority in their respective decisions. The case reveals a widening gap in the income of workers. Those without bargaining power are falling behind in both real and relative terms, in the regulatory world of enterprise bargaining. The situation has only been partially addressed by the decision in this case.

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Burns, James, and Kimberly Beattie Saunders. "SEC fines non-US entities for unregistered cross-border brokerage and advisory activities." Journal of Investment Compliance 18, no. 1 (May 2, 2017): 75–77. http://dx.doi.org/10.1108/joic-02-2017-0002.

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Purpose To explain a settlement involving a foreign financial institution, its non-US subsidiaries, and the US Securities and Exchange Commission (“SEC”) that reveals an SEC focus on policing the activities of foreign firms that reach into the United States and helps further define the scope of activities that require registration under the federal securities laws. Design/methodology/approach Provides insight into a recent area of focus for SEC regulators and introduces the potential regulatory implications for non-US firms with activities that reach into the United States. Findings Given the SEC’s current enforcement focus, it is critical that financial institutions take care to conduct their activities with an understanding of the regulatory requirements associated with the provision of brokerage and advisory services to US clients and customers – including, for many firms, registration as an investment adviser, broker-dealer, or both. Originality/value Practical regulatory guidance regarding SEC registration requirements that may reach non-US firms from experienced financial services lawyers specializing in asset management.

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Allen, Dominique. "Barking and Biting: The Equal Opportunity Commission as an Enforcement Agency." Federal Law Review 44, no. 2 (June 2016): 311–35. http://dx.doi.org/10.1177/0067205x1604400206.

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Federal anti-discrimination law centres upon the individual who has experienced unlawful discrimination. To address this discrimination, the individual is required to lodge a complaint at the Australian Human Rights Commission (‘AHRC’), which will attempt to resolve the complaint using Alternative Dispute Resolution (‘ADR’). While institutions in other areas, like competition law and occupational health and safety, have a broad range of powers to enforce compliance, successive governments have chosen not to invest the AHRC with equivalent powers. Quite a different model has operated in Britain for four decades. This article analyses the role of the AHRC by comparing it to its British equivalents and examining these institutions according to the ‘enforcement pyramid’ for regulating equal opportunity, which British academics Bob Hepple, Mary Coussey and Tufyal Choudhury have developed. According to these regulatory theorists, to tackle discrimination effectively, equality commissions need to be able to follow up their loud ‘bark’ with a punitive ‘bite’ if necessary. The article concludes by identifying what the experience in both countries reveals about the enforcement of antidiscrimination laws by statutory institutions.

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Hawke, Daniel. "SEC credits self-reporting and cooperation in not imposing penalty on ICO sponsor." Journal of Investment Compliance 20, no. 2 (July 1, 2019): 13–15. http://dx.doi.org/10.1108/joic-04-2019-0025.

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Purpose To explain a February 20, 2019 US Securities and Exchange Commission (SEC) settled enforcement action against Gladius Network LLC for failing to register an initial coin offering (ICO) under the federal securities laws, in which Gladius was able to avoid a civil penalty by self-reporting the violation and cooperating with the SEC enforcement staff. Design/methodology/approach Explains Gladius’ self-reporting, cooperation and remedial steps; why the SEC imposed no civil penalty on Gladius; and two similar cases the SEC instituted in July 2018 against companies that conducted unregistered ICOs, did not self-report, and were penalized. Provides analysis and conclusions. Findings The Gladius case offers important insight into how the SEC and its staff think about cooperation credit in resolving SEC enforcement actions and sends a clear message that self-reporting to the SEC can result in meaningful cooperation credit. In three recent cases, the Commission has made clear that once it put the industry on notice that ICOs could be securities that must be registered under the federal securities laws, a party risks enforcement action by failing to do so. Originality/value Expert analysis and guidance from an experienced securities lawyer who counsels clients on all manner of SEC enforcement, examination and regulatory policy matters.

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Ron, Ariel. "FARMERS, CAPITALISM, AND GOVERNMENT IN THE LATE NINETEENTH CENTURY." Journal of the Gilded Age and Progressive Era 15, no. 3 (July 2016): 294–309. http://dx.doi.org/10.1017/s1537781416000165.

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In 1884, Congress created a new federal agency of unprecedented regulatory vision. Its officials soon acquired the capacity to summarily seize and destroy millions of dollars of property and thus to police the disposition of a stock of wealth worth more than the country's total capital invested in railroads. What was this federal colossus? It was the Bureau of Animal Industry (BAI), an agency that probably few historians know much about. Yet the hotly contested creation of the BAI—three years before the better-known Interstate Commerce Commission (ICC)—amounts to an epochal expansion of federal powers. Housed within the already powerful Department of Agriculture (USDA), the BAI was charged with investigating and containing potentially devastating livestock epizootics such as bovine pleuropneumonia and, later, Texas fever. Its success at doing so was little short of astounding. By 1892 it had conceived and carried out the world's first area eradication program of an epidemic disease, in the process establishing a model for future global eradication efforts. More immediately, it bolstered an economy that, for all its industrialization, remained crucially identified with agriculture.

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Barrett, Stephen B. "The Muskeget Channel Tidal Energy Project: A Unique Case Study in the Licensing and Permitting of a Tidal Energy Project in Massachusetts." Marine Technology Society Journal 47, no. 4 (July 1, 2013): 9–17. http://dx.doi.org/10.4031/mtsj.47.4.10.

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AbstractMarine hydrokinetic (MHK) energy projects, those generating power from the tides and waves, are subject to a comprehensive licensing and permitting process. In order to comply with federal, state, and local laws and regulations, project proponents must study the proposed development site to fully understand existing conditions and disclose potential project impacts. The Muskeget Channel Tidal Energy Project proposed by the town of Edgartown in partnership with the University of Massachusetts presents an interesting case study of how an MHK project obtains regulatory approvals. While other studies have reviewed the regulatory process of energy projects, the case of Muskeget is unique because (1) the applicant is a municipality, (2) it is proposing to obtain a license from the Federal Energy Regulatory Commission under its pilot license program, (3) the project is being evaluated by Massachusetts’ agencies under the Massachusetts Ocean Plan, (4) it includes both a commercial energy generation project and a research test facility for the long-term testing of MHK technologies, and (5) the project is being led by a consortium of public partners supported largely by the scientific institutions. The objective of this paper is to highlight the multidisciplinary character of this type of development and to illustrate the advanced level of complexity associated with the Muskeget Channel Project because of its ground-breaking technology and oceanic location, which challenges the existing knowledge base in science, engineering, and law.

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Pivovarov, V. F., A. F. Razin, M. I. Ivanova, R. A. Meshcheryakova, O. A. Razin, T. N. Surikhina, and N. N. Lebedeva. "Regulatory support for the organic market (in the world, EAEU countries, Russia)." Vegetable crops of Russia, no. 1 (March 5, 2021): 5–19. http://dx.doi.org/10.18619/2072-9146-2021-1-5-19.

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The article presents international and national documents providing regulatory support for the organic market. Organic agriculture, as a special direction of agricultural production, requires separate legislative regulation due to the specifics of relations arising in the process of production, sale and marketing of products, the availability of internationally recognized standards and certification procedures. Most of the countries of the world community have their own characteristics of the development of the sector of organic agricultural products, its production, marketing and regulation of these processes, regulatory support of the market for organic products. Organic farming in Russia today can rely on a system of legal regulation of organic production, including international and interstate acts on organic agriculture (JFOAM, FiBL, Codex Alimentarius Commission, regulations of the EAEU, EAEU and CIS), Federal law (93) and national state RF standards, regional laws and programs for the development of organic agriculture, certification organizations. Prior to the approval and implementation of the Federal Law on organic products at the regional level, several regions of the Russian Federation developed their own regulatory documents that allowed their producers to produce organic products. The legal impact on the formation of the organic market occurs not only through laws of direct action, but also through general economic laws, regulations, state programs, local regulations (for example, private standards of organizations), etc. The current procedure for passing certification in foreign countries and for Russian producers of organic products. The factors and conditions that allow to stimulate producers to increase the production of organic products, to pass the required and necessary certification of farms and products, making local products more competitive in comparison with other similar products are identified.

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Churella, Albert J. "Delivery to the Customer's Door: Efficiency, Regulatory Policy, and Integrated Rail-Truck Operations, 1900–1938." Enterprise & Society 10, no. 1 (March 2009): 98–136. http://dx.doi.org/10.1017/s1467222700007862.

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During the first third of the twentieth century, U. S. railroad executives offered local collection and delivery trucking operations. Railroad managers claimed, with justification, that these services were necessary to reduce congestion at urban freight terminals, and to increase the operating efficiency. Yet, executives also employed collection and delivery practices to discriminate against shippers and communities, and to draw business away from rival carriers, in violation of the 1887 Interstate Commerce Act, the 1903 Elkins Act, and the Transportation Act of 1920. During the 1920s, as competition from independent truckers became more intense, railroad managers used their inherent advantage in line-haul service to cross-subsidize local delivery services, to the detriment of independent motor carriers—an issue of considerable concern to Interstate Commerce Commission (ICC) commissioners, following the passage of the 1935 Motor Carrier Act. The railroads' emphasis on the productive efficiency associated with local trucking operations conflicted with the allocative efficiency advocated by federal courts and by the ICC. Commissioner Joseph B. Eastman, in particular, emphasized both the potential benefits and the potential dangers associated with coordinated rail-truck service. More broadly, the status of that service, as one of the few forms of transportation that lay beyond the ICC's authority, stemmed from a complex interaction, over several decades, between all three branches of the federal government. By 1938, the ICC commissioners had concluded that the railroads' local delivery operations occupied a nebulous region between rail and truck regulation. While lawful, they did not serve as a model for post-1945 efforts to achieve integrated, multi-modal transportation services.

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Maximov, Vitaly, and Svetlana Gladkova. "Mandatory psychiatric assessment: state monopoly or violation of competition?" Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 4 (December 11, 2020): 46–53. http://dx.doi.org/10.35750/2071-8284-2020-4-46-53.

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The article is devoted to the analysis of paragraph 1 of the Resolution of the Government of the Russian Federation N 695 dated 29 September 2002 and to the investigation of the practice in its application in the bodies’ activities of the executive and judicial branches. Currently there are no legal and regulatory acts with requirements for providing mandatory psychiatric examination by a medical psychiatric commission authorized by the federal executive body in the field of health care or by the executive body of a federal subject of the Russian Federation in the field of health care. This condition significantly limits the competition in this service market and entails the exclusion of a legal entity from participation in tenders. On the basis of systematic, historical and legal, specific sociological, formal logical and hermeneutic methods of the examination and interpretation, the authors make a conclusion about the absence of legislative limits when implementing health services in the area of mandatory psychiatric examination if the organization has a required licence for performing this kind of activity. When analysing actual restrictions the authors studied not only actual and repealed legal and regulatory acts but also contradictory jurisprudence practice and proposed their own recommendations for application of current legislation in order to prevent restricting competition in the market of healthcare delivery.

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Culnan, Mary J. "Protecting Privacy Online: Is Self-Regulation Working?" Journal of Public Policy & Marketing 19, no. 1 (April 2000): 20–26. http://dx.doi.org/10.1509/jppm.19.1.20.16944.

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The author assesses the extent to which 361 consumer-oriented commercial Web sites post disclosures that describe their information practices and whether these disclosures reflect fair information practices. Although approximately 67% of the sites sampled post a privacy disclosure, only 14% of these disclosures constitute a comprehensive privacy policy. The study was initiated by the private sector as a progress report to the Federal Trade Commission (FTC) and is one in a series of efforts designed to assess whether consumer privacy can be protected through industry self-regulation or whether legislation is required. Although the FTC does not recommend legislation at this time, the study suggests that an effective self-regulatory regime for consumer privacy online has yet to emerge.

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Mehta, Vishal K., David E. Rheinheimer, David Yates, David R. Purkey, Joshua H. Viers, Charles A. Young, and Jeffrey F. Mount. "Potential impacts on hydrology and hydropower production under climate warming of the Sierra Nevada." Journal of Water and Climate Change 2, no. 1 (March 1, 2011): 29–43. http://dx.doi.org/10.2166/wcc.2011.054.

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Watersheds of the Cosumnes, American, Bear and Yuba (CABY) Rivers in the Sierra Nevada, California, are managed with a complex network of reservoirs, dams, hydropower plants and water conveyances. While water transfers are based on priorities among competing demands, hydropower generation is licensed by the Federal Energy Regulatory Commission (FERC) and regulated by federal and state laws and multi-party agreements. This paper presents an integrated river basin management (IRBM) model for the CABY region, built to evaluate management and regional climate change scenarios using the Water Evaluation and Planning (WEAP) system. We simulated potential impacts of climate warming on hydrology and hydropower production by imposing a fixed increase of temperature (+2, 4 and 6°C) over weekly historical (1981–2000) climate, with all other climate variables unchanged. Results demonstrate that climate warming will reduce hydropower generation if operational rules remain unchanged, making the case for climate change induced hydrological change as a foreseeable future condition to be included in the FERC licensing process. IRBM tools such as the CABY model presented here are useful in deliberating the same.

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Baltzley, Dennis R., Robert S. Kennedy, and Janet J. Turnage. "Assessing Fitness-for-Duty: An Alternative to Problems Associated with Drug Testing in the Workplace." Proceedings of the Human Factors Society Annual Meeting 33, no. 13 (October 1989): 816–19. http://dx.doi.org/10.1177/154193128903301310.

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A projected 20-33% of U.S. companies are involved in some type of drug screening. usually, the larger companies implement these programs with over 50% of the Fortune 500 companies reporting testing (Walsh, 1988). In federally regulated industry the percentage of drug screening varies as a function of public safety. For example, 91% of the utilities have a program, as do 81% of the transportation industry, 45% of manufacturing, 34.5% of the communications industry. Industry, both public and private, is becoming increasingly aware of the price paid by the organization and the individual when alcohol/drug misuse is present in the workplace. Some of these testing programs use a least intrusive approach and screen only after an accident, fight, or other “probable cause” event (Walsh, 1988). However, many organizations administer programs on a regular basis through random testing (NIDA, 1988). These organizations include the Department of Transportation, Coast Guard, Federal Aviation Administration, Department of Justice, Drug Enforcement Administration, Navy, Federal Bureau of Investigation, Department of Treasury, Customs, Secret Service, Central Intelligence Agency, U.S. Postal Service, Nuclear Regulatory Commission, and many public utilities.

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Journal articles on the topic 'Federal Engery Regulatory Commission'

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