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The stocks of the seven Administrative Law Judges

listed in the GAO Report as "prohibited" were all in companies such as Scott Paper Company, Ford Motor Company, U.S. Steel Corporation, Northern Pacific Railroad Company, and Norfolk and Western Railroad Company, where there was nothing to suggest on the face of it that such companies might be regarded as regulated companies. During the years in question in not a single one of these cases was the Administrative Law Judge notified or informed by the Office of Personnel or the Office of General Counsel that any of these stocks were in "prohibited" companies.

Under these circumstances, and in the climate I have just described, when the Administrative Law Judge encountered a situation where an intervenor in one of his cases was a company in which he held stock and which he had understood all along to be non-prohibited, he promptly followed the customary waiver procedure, as provided for in the Commission Rules

(1) He first notified all parties in the case of his stock interest, and provided an opportunity for them to file any objections with the Secretary of the Commission. (2) At the same time he requested a waiver

determination from the Chairman

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and he proceeded with the

case only if the Chairman made a waiver determination based

on the insubstantial character of the stock holding.

In no case has an Administrative Law Judge improperly presided in a case where he held stock in a "prohibited" company party. The only situations where an Administrative Law Judge has presided in a case where he held stock in any party to the proceeding are the waiver cases, where his participation was fully authorized and fully in accord with the Commission's Rules.

It is therefore clear that the seven Administrative Law Judge situations listed in the GAO Report involve no possible suggestion of impropriety. Instead they involve claimed technical violations with respect to the mere holding of stock over a period of years in companies which only this year, long after the fact, have now been characterized for the very first time as "prohibited" companies.

The Administrative Law Judge corps of the Federal Power Commission has long been widely regarded as one of the outstanding Administrative Law Judge corps in the Federal government.

In my judgment it is a grave disservice

to them, and to the public interest, to single them out for critical attention as has been done in the press stories

and editorials appearing since the GAO Report was published.

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Need For Improving The Regulation
Of The Natural Gas Industry And
Management Of Internal Operations

Federal Power Commission

B-180228

BY THE COMPTROLLER GENERAL

OF THE UNITED STATES

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This is our report on the need for improving the regulation of the natural gas industry and management of internal operations, Federal Power Commission. Our review was undertaken in response to your request of October 10, 1973, and encompassed the specific issues raised in your letter as well as additional matters that came to our attention during our examination.

Copies of this report are being sent to the House and Senate Committees on Appropriations; House and Senate Committees on Government Operations; Subcommittee on Communications and Power, House Committee on Interstate and Foreign Commerce; the Director, Office of Management and Budget; the Chairman, Civil Service Commission; the Chief Judge, United States Court of Appeals for the District of Columbia; the Chairman, Federal Trade Commission; and the Chairman, Federal Power Commission.

We believe that this report would be of interest to other committees and Members of Congress. However, we do not plan to distribute this report further unless you agree or publicly announce its contents.

Sincerely yours,

Jenis B. Staats

Comptroller General
of the United States

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IMPROPER EXTENSIONS OF EMERGENCY GAS
SALES CONTRACTS

Failure to issue necessary regulations authoriz-
ing contract extensions

Extensions granted to prevent interruptions in
service

Extensions granted to companies applying
for limited-term certificates

Extensions granted to cope with court stay
of Order 491

Conclusions

Agency comments and our evaluation
Failure to issue regulations

Extensions granted to offset effect of court
stay of Order 491

EMERGENCY GAS SALES: NEED FOR COMPLETE
AND ACCURATE DATA

Failure to obtain actual price and volume data
Incomplete data used in evaluating emergency
sales programs

Monitoring of the 180-day emergency sales

program

Recommendations

Agency comments and our evaluation

ACCOUNT OF PROCEEDINGS INVOLVING THE
OPTIONAL CERTIFICATE AND 180-DAY
EMERGENCY GAS SALE PROCEDURE
The optional certificate procedure
John E. Moss, et al. v. Federal
Power Commission

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Consumers Union of United States, Inc.
v. Federal Power Commission

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180-day emergency gas sale procedure--FPC

Order 491

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