Staff Guidance

There are several mechanisms available to those seeking to obtain guidance regarding compliance with Commission statutes, rules, regulations or orders or Commission-approved tariffs. Most guidance is provided through Commission orders, issued in response to pleadings subject to public review and comment. In addition, informal guidance can be provided through the Commission’s Compliance Help Desk and meetings and discussions with individual members of Commission staff. Further options to obtain guidance exist as well: No Action Letter responses, legal opinions issued by the Office of the General Counsel, and interpretative letters issued by the Chief Accountant. While not binding on the Commission, these advisory materials provide confirmation of staff positions that reflect various levels of staff consensus.

In addition, the Commission maintains an Enforcement Hotline where individuals and companies may report potential violations of the Commission’s regulations.

No-Action Letters

Through the No-Action Letter (NAL) process, established by Commission order on November 18, 2005, persons may obtain written advice as to whether staff would recommend that the Commission take no enforcement action with respect to specific proposed transactions, practices, or situations. Thus, NAL responses provide increased certainty regarding staff's view on whether a particular transaction, practice or situation would be subject to agency enforcement action. As a result, the NAL process is an effective tool for entities subject to our authority to reduce the risk of failing to comply with the statutes we administer, the orders, rules or regulations thereunder, or Commission-approved tariffs. 

In an order issued May 15, 2008, the Commission expanded the scope of issues for which NAL requests may be submitted to include any issue that falls within the Commission's jurisdiction, except for those issues arising under:

• Part I of the FPA;
• Sections 215 and 216 of the FPA;
• Sections 3, 7, and 15 of the NGA; and
• Section 311 of the NGPA.

In addition a request:

• May not be anonymous and
• Must relate to a situation in which the requesting party is or may be involved and not involve hypothetical circumstances or completed transactions.

Although NAL responses are not binding on the Commission, they are signed by representatives of the Office of the General Counsel and the Office of Enforcement and thus reflect the consensus view of those offices. Where appropriate, members of the Office of Energy Market Regulation and Office of Energy Policy and Innovation are also consulted when preparing an NAL response and, therefore, their views are often reflected. Until a response is issued, NAL requests are treated as non-public. Applicants can request that staff continue to treat both NAL requests and responses as non-public for an additional period of 120 days after a response is issued. Once an NAL response is public, it is posted in the Commission's eLibrary system in a searchable format.

Accounting Interpretations

The Commission's Uniform Systems of Accounts provide that in order to maintain uniformity of accounting, regulated entities must submit questions of doubtful interpretations to the Commission for consideration and decision. The Commission and its Chief Accountant provide guidance to, and respond to inquiries from, regulated entities on the implementation of standards issued by the Financial Accounting Standards Board and existing or emerging industry-wide or entity specific accounting issues within the context of the Uniform Systems of Accounts. Past guidance letters have addressed such issues as accounting for uncertainty in income taxes, accounting for the funded status of defined benefit postretirement plans, and the appropriate accounting treatment for earnings on use-restricted debt funds used for construction. The advice provided in guidance letters issued by the Chief Accountant represent the views of the Commission's accounting staff and serve as controlling accounting guidance for regulated entities unless or until superseded by rehearing or other Commission action. However, neither guidance letters issued by the Chief Accountant nor informal advice provided through discussions with the Chief Accountant are binding on the Commission and are not controlling precedent for ratemaking purposes.

Enforcement Hotline Concerned About Potential Violations?

Individuals with knowledge of potential violations are an important source of information for the FERC enforcement program. The Enforcement Hotline invites market participants and the general public to call, email or write the Hotline to report market activities or transactions that may be market manipulation, fraud, an abuse of an affiliate relationship, a tariff violation, a violation of a Commission order, or other possible violation. Enforcement staff can receive information anonymously and protects the confidentiality of whistleblowers to the fullest extent possible. All information and documents obtained through the Hotline are non-public, consistent with 18 C.F.R. § 1b.9  of the Commission's regulations. 

Past Hotline calls have included complaints about:

• Market Manipulation;
• Fraud;
• Bidding anomalies;
• Inappropriate use of financial instruments;
• Fluctuations in available capacity on electric transmission lines and natural gas pipelines;
• Interconnection discrimination;
• Possible Tariff violations; and
• Undue preferences to affiliates.

If you want to contact the Hotline with information about a potential violation, please email [email protected] or call toll free 1-888-889-8030.

Who to Contact With Compliance-Related Questions

To receive assistance regarding compliance with Commission regulations and other inquiries not related to potential violations, please contact the Commission’s Compliance Help Desk. More information about the Compliance Help Desk may be found

Who to Contact If You are a Landowner Concerned About FERC Jurisdictional Projects?

To receive assistance with disputes involving the construction and operation of FERC jurisdictional projects, landowners should contact the Commission’s Landowner Helpline Toll Free at 1-877-337-2237 or by Email at [email protected].

Concerned About Local Natural Gas or Electricity Service?

Problems involving natural gas or electric service or billing for retail customers are not within the Commission's jurisdiction. Such problems should be directed to your state commission or, if relevant, local regulatory agency. Websites for each state commission can be found through the National Association of Regulatory Utility Commissioners (NARUC).

Concerned About Pipeline Safety?

If you have a question regarding safety of an interstate natural gas pipeline, you should contact the Department of Transportation's Office of Pipeline Safety.

Concerned About Hydroelectric License and Exemption Compliance?

Complaints or reports regarding non-compliance with hydroelectric licenses may be directed to the Commission’s Office of Energy Projects at 844-434-0053. The hotline number is staffed Monday-Friday from 8:00 am to 4:30 pm ET excluding Federal holidays. Callers may leave a message and the call will be returned during the next business day.

The Enforcement Hotline cannot assist in matters relating to docketed or contested Commission proceedings. Communications through the Enforcement Hotline to advisory staff would violate the Commission's rule at 18 C.F.R.§ 385.2201 prohibiting off-the-record communications. Communications related to a pending contested proceeding are not confidential and must be identified in the Federal Register and placed in a public file associated with the docket.

Contact Hotline Staff Anonymously

Send us your concerns on an online form here.