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B-202380 1 (1981-04-28)

handle is hein.gao/gaobabkai0001 and id is 1 raw text is: GAO United States General Accounting Office Office of I Washington, DC 20548 General Counsel In Reply Refer to: B-202380 Mr. Thomas 0. Mann Acting Deputy Director April 28, 1981 Office of Hearings and Appeals Department of Energy Washington, D.C. 20461 Dear Mr. Mann: Re: Case No. DFF-0006 In response to your request, we submit the following comments with regard to the Proposed Decision and Order in the captioned case, concern- ing the jdsposition of funds obtained . hu through a consent ordeDrbetweenEnergy's Office of Enforcement and the (Vickers Energy Corporation.' In our opinion, this proposed disposition of settlement funds is not in compliance with the interpretation of Energy's authority to order restitutf- set forthn our opinion 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. For your convenience, we have enclosed a copy of the April 1 opinion. In these opinions we analyzed the statutory framework under which Energy operates, and pointed out thatrthe 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 s 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 cou-r ruled that Energy's predecessor had the power ,; to order a violator of its regulations to make refunds to the customers it had overcharged nergy's authority is-imilarlyjiimited. 4JNowhere 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 o-

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