FERC And Other Independent Regulatory Agencies To Institute Public Review Of Regulations

On July 11, 2011, President Barack Obama issued an Executive Order requesting independent regulatory agencies to produce plans to reassess and streamline their regulations. The July 11 Executive Order follows up on Executive Order 13563, issued on January 18, 2011, which directed executive agencies to produce a regulatory system that protects public health, welfare, safety, and the environment while promoting economic growth, innovation, competitiveness, and job creation. Executive Order 13563 set forth general requirements to executive agencies concerning public participation, integration and innovation, flexible approaches, and science.

The July 11 Executive Order states that independent regulatory agencies should consider how best to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and should modify, streamline, expand, or repeal regulations in accordance with what has been learned. The Executive Order requested that independent regulatory agencies should develop and release, within 120 days, a plan for periodic review of its regulations, consistent with law and reflecting its resources and regulatory priorities and processes.

Also on July 11, 2011, the Federal Energy Regulatory Commission (FERC) issued a news release announcing that FERC will implement the President's Executive Order. FERC Chairman Wellinghoff stated that "FERC welcomes the President's new executive order for a more formal, public reassessment of our regulations and their effect on the economy."

The concept of independent regulatory agencies, as...