42 U.S.C. § 7171 : US Code - Section 7171: Appointment and administration

Search 42 U.S.C. § 7171 : US Code - Section 7171: Appointment and administration

(a) Federal Energy Regulatory Commission; establishment
There is established within the Department an independent
regulatory commission to be known as the Federal Energy Regulatory
Commission.
(b) Composition; term of office; conflict of interest; expiration
of terms
(1) The Commission shall be composed of five members appointed by
the President, by and with the advice and consent of the Senate.
One of the members shall be designated by the President as
Chairman. Members shall hold office for a term of 5 years and may
be removed by the President only for inefficiency, neglect of duty,
or malfeasance in office. Not more than three members of the
Commission shall be members of the same political party. Any
Commissioner appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed
shall be appointed only for the remainder of such term. A
Commissioner may continue to serve after the expiration of his term
until his successor is appointed and has been confirmed and taken
the oath of Office, except that such Commissioner shall not serve
beyond the end of the session of the Congress in which such term
expires. Members of the Commission shall not engage in any other
business, vocation, or employment while serving on the Commission.
(2) Notwithstanding the third sentence of paragraph (1), the
terms of members first taking office after April 11, 1990, shall
expire as follows:
(A) In the case of members appointed to succeed members whose
terms expire in 1991, one such member's term shall expire on June
30, 1994, and one such member's term shall expire on June 30,
1995, as designated by the President at the time of appointment.
(B) In the case of members appointed to succeed members whose
terms expire in 1992, one such member's term shall expire on June
30, 1996, and one such member's term shall expire on June 30,
1997, as designated by the President at the time of appointment.
(C) In the case of the member appointed to succeed the member
whose term expires in 1993, such member's term shall expire on
June 30, 1998.
(c) Duties and responsibilities of Chairman
The Chairman shall be responsible on behalf of the Commission for
the executive and administrative operation of the Commission,
including functions of the Commission with respect to (1) the
appointment and employment of hearing examiners in accordance with
the provisions of title 5, (2) the selection, appointment, and
fixing of the compensation of such personnel as he deems necessary,
including an executive director, (3) the supervision of personnel
employed by or assigned to the Commission, except that each member
of the Commission may select and supervise personnel for his
personal staff, (4) the distribution of business among personnel
and among administrative units of the Commission, and (5) the
procurement of services of experts and consultants in accordance
with section 3109 of title 5. The Secretary shall provide to the
Commission such support and facilities as the Commission determines
it needs to carry out its functions.
(d) Supervision and direction of members, employees, or other
personnel of Commission
In the performance of their functions, the members, employees, or
other personnel of the Commission shall not be responsible to or
subject to the supervision or direction of any officer, employee,
or agent of any other part of the Department.
(e) Designation of Acting Chairman; quorum; seal
The Chairman of the Commission may designate any other member of
the Commission as Acting Chairman to act in the place and stead of
the Chairman during his absence. The Chairman (or the Acting
Chairman in the absence of the Chairman) shall preside at all
sessions of the Commission and a quorum for the transaction of
business shall consist of at least three members present. Each
member of the Commission, including the Chairman, shall have one
vote. Actions of the Commission shall be determined by a majority
vote of the members present. The Commission shall have an official
seal which shall be judicially noticed.
(f) Rules
The Commission is authorized to establish such procedural and
administrative rules as are necessary to the exercise of its
functions. Until changed by the Commission, any procedural and
administrative rules applicable to particular functions over which
the Commission has jurisdiction shall continue in effect with
respect to such particular functions.
(g) Powers of Commission
In carrying out any of its functions, the Commission shall have
the powers authorized by the law under which such function is
exercised to hold hearings, sign and issue subpenas, administer
oaths, examine witnesses, and receive evidence at any place in the
United States it may designate. The Commission may, by one or more
of its members or by such agents as it may designate, conduct any
hearing or other inquiry necessary or appropriate to its functions,
except that nothing in this subsection shall be deemed to supersede
the provisions of section 556 of title 5 relating to hearing
examiners.
(h) Principal office of Commission
The principal office of the Commission shall be in or near the
District of Columbia, where its general sessions shall be held, but
the Commission may sit anywhere in the United States.
(i) Commission deemed agency; attorney for Commission
For the purpose of section 552b of title 5, the Commission shall
be deemed to be an agency. Except as provided in section 518 of
title 28, relating to litigation before the Supreme Court,
attorneys designated by the Chairman of the Commission may appear
for, and represent the Commission in, any civil action brought in
connection with any function carried out by the Commission pursuant
to this chapter or as otherwise authorized by law.
(j) Annual authorization and appropriation request
In each annual authorization and appropriation request under this
chapter, the Secretary shall identify the portion thereof intended
for the support of the Commission and include a statement by the
Commission (1) showing the amount requested by the Commission in
its budgetary presentation to the Secretary and the Office of
Management and Budget and (2) an assessment of the budgetary needs
of the Commission. Whenever the Commission submits to the
Secretary, the President, or the Office of Management and Budget,
any legislative recommendation or testimony, or comments on
legislation, prepared for submission to Congress, the Commission
shall concurrently transmit a copy thereof to the appropriate
committees of Congress.