Legal Resources Order No. 578
Order No. 578
In this rule, the Federal Energy Regulatory Commission
(Commission) adopted regulations to implement the Alternative
Dispute Resolution Act of 1990 (ADRA). To implement its policy
in support of alternative dispute resolution, the Commission
amended its Rules of Practice and Procedure to add regulations
adopting provisions authorized in the ADRA and to establish
procedures for approving ADR in particular proceedings.
In particular, the new rules:
- Adopt guidelines for applying ADR techniques and definitions from the ADRA;
- Establish procedures for submitting, reviewing, and monitoring proposals to use ADR in specific proceedings;
- Incorporate the provisions of the ADRA regarding binding arbitration proceedings, arbitral awards, and review of arbitration results; and
- Adopt the provisions of the ADRA regarding confidentiality
in ADR proceedings established under the new rules.
The Commission also amended its Rules of Practice and Procedure
to modify existing regulations and to add new regulations with
respect to the submission and review of offers of settlement.
Finally, the Commission consolidated almost all of its regulations
dealing with the use of ADR in oil pipeline rate proceedings into
its Rules of Practice and Procedure.
Order No. 578