Administrative Litigation

ALJ Functions- Administrative Hearings

Functions of the presiding judge include:

• Managing and presiding over hearings and investigations on-the-record;
• Issuing orders;
• Issuing initial decisions;
• Issuing reports to the Commission;
• Overseeing Discovery;
• Acting on motions filed in a case;
• Making findings of fact;
• Certifying questions to the Commission;
• Reviewing and certifying settlements to the Commission; and
• Summarily disposing of cases.

Under the Commission's rules of practice and procedure, Administrative Law Judges (ALJ) act as settlement judges, mediators, facilitators, and arbitrators.

How Settlements Resolve Conflicts

When there are allegations of market abuse or violations of the Federal Power Act or the Natural Gas Act the Commission investigates the matter. Often the Commission will send a case to an administrative hearing where Staff and the involved parties’ present evidence to an Administrative Law Judge. These hearings are often lengthy and expensive.

Cases set for hearing can also be sent to Settlement Judge Proceedings. This is a form of ADR that assists the parties in finding resolution and avoiding litigation.

Available Settlement Judges Listed in Order of Availability as of January 5, 2022*

• Judge Andrea McBarnette
• Judge David H. Coffman
• Judge Joel deJesus
• Judge Steven Glazer
• Judge Scott Hempling
• Judge Suzanne Krolikowski
• Judge Stephanie Nagel
• Judge Renee Terry

The above list may be used by parties in submitting their settlement judge preferences. The judges are listed in the order in which subsequent designations generally will be made, but if parties desire to submit preferences, please call the Chief Judge's Office at 202-502-8500 with the names of TWO judges from the list who have been agreed to by all parties. The Chief Judge will take into consideration the submitted preferences in conjunction with the listed order of availability.**

All Judges have been trained in ADR procedures, including mediation and settlement. For an on-call settlement judge please call the Chief Judge's office at 202-502-8500.

* This list will expire on February 4, 2022. A new list will be posted when cases are set for settlement judge procedures.  Parties are urged to check this list daily.

** For example, it is more likely that the Chief Judge will be able to honor submitted preferences for judges listed at the top of the list rather than the bottom.