Five AGs Submitted Comments Warning against FERC Policy that Could Chill Public Participation

Massachusetts Attorney General Maura Healey led five attorneys general, as well as other consumer advocates, in comments on the Federal Energy Regulatory Commission’s (FERC) proposed “duty of candor” requirement in communications with FERC, which would impose penalties on any party, including individual members of the public, that knowingly or unknowingly submits false information to the Commission. In their comments, the AGs explained that, although accurate and truthful information is vital to effective policymaking, the proposed requirements—which would apply to all communication, whether it is verbal or written, “informal [or] formal”—are too broad and ambiguous. The AGs explained that these sweeping requirements would deter stakeholder input at a time when FERC is trying to encourage and diversify public participation. The coalition urged FERC to consider narrowing the duty of candor requirements and to solicit feedback on this proposal from those who would be most affected, through outreach to environmental justice organizations, community representatives, and consumer advocates.