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After Supreme Court signals, FERC chair stresses statutory independence and procedural checks
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Summary
Responding to questions about a possible Supreme Court decision affecting Humphrey's Executor, Chair Sweat said FERC is independent by law, cited statutory carve-outs and the Administrative Procedure Act, and noted that a majority vote of the five commissioners is required to issue orders.
A reporter asked whether a likely Supreme Court decision revisiting Humphrey's Executor would change how FERC operates. Chair Sweat said the commission operates under statutory protections and procedures that preserve its independence.
"FERC by law is an independent agency," Chair Sweat said. She noted the agency was carved out under the Department of Energy Organization Act and pointed to procedural guardrails including the Administrative Procedure Act and the requirement that a majority of five commissioners is needed to issue orders.
The exchange arose after the Supreme Court signaled in recent arguments that it may limit or overturn long-standing precedent on independent agencies. Chair Sweat framed FERC's position in statutory terms, saying the law, not politics, is the guiding principle for the commission's work.
The chair's remarks were offered in response to questions from Platts about whether a new Supreme Court decision would alter how FERC functions; she reiterated that the agency will continue to follow statutory procedures and bases for decision-making.
