FUNDING AND FACILITATING PUBLIC PARTICIPATION AT FERC

摘要

The Federal Energy Regulatory Commission has embarked on an effort to implement a long-dormant provision of the Federal Power Act, §319, which could lead to broader participation by diverse and under-resourced constituencies in Commission matters. This Article traces §319's history and discusses several implementation choices that will affect what types of participation the Commission facilitates. Specifically, it explores implementation issues that will affect the mix of technocratic and grassroots participation, and suggests a general approach of accommodating both types of participation according to the character and needs of the particular proceeding. While certain aspects of §319's intervenor funding program inherently favor better-resourced technocratic groups, the Article suggests several options for improving access to process for smaller grassroots organizations as well.