204.01, Delegation Order No. 0204-1 to the Federal Energy Regulatory Commission
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DEPARTMENT OF ENERGY
DELEGATION ORDER NO. 0204-1
TO THE FEDERAL ENERGY REGULATORY COMMISSION
Pursuant to the authority vested in me as Secretary of Energy (“Secretary”) and by Sections 642 and
402(e) of the Department of Energy Organization Act (Pub. L. 95-91) (the “DOE Act”), there is
hereby delegated and assigned to the Federal Energy Regulatory Commission (“FERC”) the authority
to carry out the functions under the following statutory authorities:
1. Part I of the Federal Power Act (Pub. L. 280, 66th Cong., 2d Sess.), to the extent that such
authority is not transferred to, and vested in, FERC by Section 402 (a)(1)(A) of the DOE Act,
provided that this paragraph does not delegate functions under (i) Section 4(a) of the Federal
Power Act as it relates to river basin appraisals and (ii) Section 24 of the Federal Power Act as
it relates to the disposition of power site lands.
2. Section 203 of the Federal Power Act (relating to the disposition, merger or consolidation of
facilities and the acquisition of securities);
3. Section 204 of the Federal Power Act (relating to the issuance of securities and the assumption
of liabilities);
4. Section 206(b) of the Federal Power Act (relating to the investigation and determination of the
cost of production or transmission of electric energy), as FERC determines appropriate to
perform its vested or delegated functions;
5. Section 207 of the Federal Power Act (relating to adequate and sufficient interstate service);
6. Section 209 of the Federal Power Act (relating to use of boards composed of State
representatives and cooperation with State commissions);
7. Section 304 of the Federal Power Act (relating to annual and periodic or special reports), as
FERC determines appropriate to perform its vested or delegated functions;
8. Section 305 of the Federal Power Act (relating to officers or directors benefitting from the sale
of issued securities and to interlocking directorates):
9. Section 311 of the Federal Power Act (relating to investigations regarding the generation,
transmission, distribution, and sale of electric energy), as FERC determines appropriate to
perform its vested or delegated functions;
10. Sections 1(b) and 1(c) of the Natural Gas Act (Pub. L. 688, 75th Cong., 2d Sess.) (relating to
certain exemptions from the provisions of the Natural Gas Act);
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11. Section 3 of the Natural Gas Act with respect to the decision of pending cases assigned to
FERC by rule;
12. Section 5 (b) of the Natural Gas Act (relating to the investigation and determination of the cost
of production or transportation of natural gas), as FERC determines appropriate to perform its
vested or delegated functions;
13. Section 10 of the Natural Gas Act (relating to annual and periodic or special reports), as FERC
determines appropriate to perform its vested or delegated functions:
14. Section 12 of the Natural Gas Act (relating to officers or directors benefitting from the sale of
issued securities);
15. Section 19 of the Natural Gas Act (relating to rehearings on orders);
16. The Interstate Commerce Act (49 U.S.C. § 1, et seq.) and other statutes which formerly
vested authority in the Interstate Commerce Commission or the chairman and members thereof,
as such statutes relate to the transportation of oil by pipeline, to the extent that such statutes are
not transferred to, and vested in, FERC by Section 402(b) of the DOE Act, provided that this
paragraph does not include any of the authority under Section 11 of the Clayton Act (15
U.S.C. § 21);
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17. To issue orders, and take such other action as may be necessary and appropriate, to direct the
Energy Information Administration to gather energy information pursuant to the Federal Energy
Administration Act of 1974 or the Energy Supply and Environmental Coordination Act of
1974 to the extent necessary or appropriate to the exercise of regulatory functions vested in or
delegated to the Federal Energy Regulatory Commission; and
18. The authority to take such other action as the Secretary or his authorized delegates may, from
time to time, authorize.
Except as provided in Paragraph 11, this Order does not include the authority to carry out the functions
delegated herein to the extent such functions are vested in the Secretary pursuant to his authority to
regulate the exports or imports of natural gas or electricity, under Section 402(f) of the DOE Act;
provided that the Secretary may from time to time delegate to FERC such other authority under
Section 3 of the Natural Gas Act as may be determined appropriate.
The authority delegated to FERC may be further delegated, in whole or in part, as may be appropriate.
FERC shall consult with the Administrator of the Energy Information Administration (“EIA”) with
respect to the exercise of functions under paragraphs 4, 7, 9, 12, 13, and 17, as EIA considers
appropriate.
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All actions pursuant to any authority delegated by this Order taken prior to and in effect on the date of
this Order are hereby confirmed and ratified, and shall remain in full force and effect as if taken under
this Order, unless or until rescinded, amended or superseded.
This Order is effective October 1, 1977.
/s/
James R. Schlesinger
Secretary of Energy