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B-203018 1 (1981-05-19)

handle is hein.gao/gaobabkax0001 and id is 1 raw text is: GAO N'N United States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply Refer to: B-203018 Mr. Thomas 0. Mann May 19, 1981 Acting Deputy Director Office of Hearings and Appeals Department of Energy Washington, D.C. 20461 Dear Mr. Mann: Re: Case No. DFF-0003 In response to your reauest, we submit the following comments with regard t_,the Proposed Decision and Order in the captioned case, concern- ing the tdisposition of funds obtained by the Department of Energy(Energy) through a consent order between Energy's Office of Special Counsel for Compliance and Conoco, Inc. In our opinion, this proposed disposition of settlement funds is not in compliance with the interpretation of Energy's authority to order restitution set forth in our opinions of October 10, 1980 (B-200170, 60 Comp. Gen. ), and April 1, 1981 (B-200170) prepared for the current Chairman of the House Committee on Energy and Commerce, copies of which were provided to Energy. In these opinions we analyzed the statutory framework under which Energy operates, and pointed out that the only specific grant of restitutionary power in that legislation is found in section 209 of the Economic Stabilization Act of 1970, as amended, 12 U.S.C. § 1904 note, and is limited to actions which can be taken by the United States District Courts. We also stated that in Bonray Oil Co. v. Department of Energy, 472 F. Supp. 899 (W.D. Okla. 1978), aff'd per curiam, 601 F. 2d 1191 (TECA 1979), the court ruled that Energy's predecessor had the power to order a violator of its regulations to make refunds to the customers it had overcharged. Energy's authority is similarly limited. Nowhere in Energy's enabling legislation is Energy's administrative remedial power delineated (other than granting it the power to issue remedial orders), nor is its responsibility regarding settlement funds set forth. Rather, the legislation contains broad statements of purpose and policy, and no authority is expressly granted to Energy--or to the administrative components of Energy responsible for the energy price and allocation programs--to promote the interests of consumers in general through direct payments to them or through grants made on their behalf to states or other entities. Nowhere in Energy's enabling legislation

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