U.S. Code » Title 42 » Chapter CHAPTER 84— DEPARTMENT OF ENERGY › Subchapter SUBCHAPTER II— ESTABLISHMENT OF DEPARTMENT

42 U.S.C. § 7136

Economic Regulatory Administration; appointment of Administrator; compensation; qualifications; functions

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(a) There shall be within the Department an Economic Regulatory Administration to be headed by an Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at a rate provided for level IV of the Executive Schedule under section 5315 of title 5. Such Administrator shall be, by demonstrated ability, background, training, or experience, an individual who is specially qualified to assess fairly the needs and concerns of all interests affected by Federal energy policy. The Secretary shall by rule provide for a separation of regulatory and enforcement functions assigned to, or vested in, the Administration.(b) Consistent with the provisions of subchapter IV, the Secretary shall utilize the Economic Regulatory Administration to administer such functions as he may consider appropriate.(Pub. L. 95–91, title II, § 206, Aug. 4, 1977, 91 Stat. 574.)
Notes of Decisions
Cited in 6 cases, 1979–1989 · leading case: Gulf Oil Corp. v. United States Dep't of Energy, 663 F.2d 296 (D.C. Cir. 1981).
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Gulf Oil Corp. v. United States Dep't of Energy, 663 F.2d 296 (D.C. Cir. 1981). “5 Pursuant to § 206 of the Department of Energy Organization Act (the Act), 42 U.S.C. § 7136 , the Secretary of Energy delegated to the Economic Regulatory Administration (ERA) the regulation and enforcement functions concerning, inter alia, mandatory petroleum allocation and…”
Transcanada Pipelines Ltd. v. Fed. Energy Regulatory Comm'n, No. 87-1229, 878 F.2d 401 (D.C. Cir. 1989). “§ 7252 , including the Economic Regulatory Administration (“ERA”), see 42 U.S.C. § 7136 (b). At first, the Secretary delegated virtually all authority over imported gas to the ERA, an administration within the Department of Energy.”
Stertz v. Gulf Oil Corp., 528 F. Supp. 735 (E.D.N.Y 1980). “JURISDICTION The Office of Special Counsel was created by a delegation of authority from the Administrator of the Economic Regulatory Administration which was created by § 206 of the Department of Energy Organization Act, 42 U.S.C. § 7136 . Consequently, OSC, as part of DOE, is…”
West Virginia Pub. Servs. Comm'n v. United States Dep't of Energy, 681 F.2d 847 (D.C. Cir. 1982). “DOE Act, § 206, 42 U.S.C. § 7136 (Supp. IV 1980). The responsibility for import/export authorization under section 3 was one of few FPC responsibilities under the NGA not transferred *339 to FERC under the DOE Act.”
ANR Pipeline Co. v. Fed. Energy Regulatory Comm'n, 876 F.2d 124 (D.C. Cir. 1989). · cites it 2× “60,726 (1977); see 42 U.S.C. § 7136 (setting up ERA); 42 U.S.”
McCulloch Gas Processing Corp. v. Dep't of Energy, 498 F. Supp. 194 (D. Wyo. 1979). “The Court has also considered the Plaintiff’s procedural objections in regard to preparation of environmental impact and economic analysis statements and the failure to separate regulatory and enforcement functions within the Department in accordance with 42 U.S.C. § 7136 (a),…”
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