FERC ALJ Berates Staff Attorney About “Virus” of Staff Perception as Public Interest Attorneys

摘要

A FERC administrative law judge (ALJ) touched a sensitive topic at a recent oral argument when he berated a FERC staff attorney about Commission staff viewing themselves as public interest attorneys and not representing FERC in proceedings before ALJs. Twice in the transcript of the oral argument held in an oil pipeline rate case, ALJ John Dring refers to a “virus” among FERC staff attorneys that they are taking positions in cases not to represent the Commission but representing the public interest. In discussing the position taken by FERC staff in the case involving BridgeTex Pipeline Co. LLC, Dring told staff trial attorney Christopher Psihoules “I read this as part of a viral infection going through your organization” in the Office of Administrative Litigation (OAL).