Federal Roles/Players

Commissioner David Boyd

Minnesota Public Service Commission

Hierarchy of Federal Regulation

FederalFED

NRC

DOE

FERC

NERC

COMM

UTIL

EPA

FEMA

DHS

State

NARUC

Understanding the Federal Hierarchy Laws

Federal Government Regulations Federal Agencies

Standards Branch Agencies

Compliance Commissions

Agencies Central Responsibility

Technology&

Nuclear

ElectricityFuel

&Reliability

SafetyHealth

&Defense

FERC

NERC

FEMA

EPADHS

DOE

NRC

NARUC

NARUC National Association of Regulatory Utility Commissioners

David Wright Chairman

Headquarters:

1101 Vermont Avenue NWSuite 200 Washington DC

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.

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

Agencies Core Responsibilities

Technology&

Nuclear

ElectricityFuel

&Reliability

SafetyHealth

&Defense

FERC

NERC

FEMA

EPADHS

DOE

NRC

NARUC

Jon Wellinghoff Chairman

Headquarters:

888 First Street NE, Washington DC

FPC named FERC 1977

FERC Jurisdiction

Hydroelectric Interstate

electricitynatural gas oil

Regulation

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

FERC

FERC

Electric ReliabilityMandatory reliability and security standardsThe Commission monitors and directs the

Electric Reliability Organization (ERO)Users, owners, and operators of the bulk

power system

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

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

NERC—June 1 1968National Energy Reliability Council

John Anderson – Chairman

Headquarters:

3353 Peachtree Road NE Suite 600 North Tower Atlanta, Georgia

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

Reliability-Dispatch

Source EIA

NERC’s Area of Influence

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

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

Agencies Core Concerns

Technology&

Nuclear

ElectricityFuel

&Transmission

Reliability

SafetyHealth

&Defense

FERC

NERC

FEMA

EPADHS

DOE

NRC

NARUC

NRC--1974Nuclear Regulatory Commission

Alison McFarlane Chairman

Headquarters:One White Flint North11555 Rockville PikeRockville, MD

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

Energy Reorganization Act 1974 Atomic energy is capable of application for peaceful as well asmilitary purposes. It is therefore declared to be the policy of the UnitedStates that:a. the development, use, and control of atomic energy shall bedirected so as to make the maximum contribution to the generalwelfare, subject at all times to the paramount objective of makingthe maximum contribution to the common defense and security; and

b. the development, use, and control of atomic energy shall bedirected so as to promote world peace, improve the general welfare,increase the standard of living, and strengthen free competition in privateenterprise.

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”

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”

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

NRC and EPA

If nuclear-related activities affect the air or water, this falls in the EPA’s jurisdiction

For example:Uranium miningPublic radiation exposure

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

DOE 1973 and onDepartment of Energy

Dr. Steven Chu Secretary

Headquarters:

1000 Independence Ave SW Washington DC

DOE—Early History Manhattan Project (Army Corp of Engineers) Atomic Energy Commission 1973 Gas Shortage Jimmy Carter: The Department of Energy

Organization Act of 1977assumed the responsibilities of:

Federal Energy Administration Energy Research and Development Administration Federal Power Act (1920)

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)

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.

DOE Mission “to ensure America’s security

and prosperity by addressing its energy, environmental and nuclear challenges through transformative science and technology solutions”

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

DOE Jurisdiction Technology

Improve the state of energy-based technology Funding Patents

NuclearSystems and processes

Reduce risk of nuclear proliferation and nuclear materials abuse/misuse

Minimize impact of nuclear energy on environment

Agencies Core Concerns

Technology&

Nuclear

ElectricityFuel

&Transmission

Reliability

SafetyHealth

&Defense

FERC

NERC

FEMA

EPADHS

DOE

NRC

NARUC

EPA-1970Environmental Protection Agency

Lisa Jackson – Administrator

Headquarters- 1200 Pennsylvania Ave, Washington DC

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

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.”

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

EPA Jurisdiction

http://www.epa.gov/lawsregs/basics.html

Develop and Enforce RegulationsCoal, Oil, Natural Gas

Air and Water Pollution Emissions

FEMA

W. Craig Fugate- Secretary

Headquarters:

500 C St SW

Washington DC

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

DHS

Janet Napolitano- Secretary

Headquarters:

1100 Alabama Avenue SEWashington DC

DHS History 9/11/2001- Terrorist attacks on World Trade

Center November 25th 2002- Homeland Security Act of

2002 July 2005- DHS Reorganization

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”