ABSTRACT

Political reaction to the economic power of the railroads produced in 1887 the first regulatory agency: the Interstate Commerce Commission. With some individual differences, each agency has authority to permit or to request participation by members of the public in its proceedings, either as witnesses, parties, or intervenors. The controversy started modestly with a ruling by the Federal Trade Commission (FTC) that attracted scant attention at the time. Senator Kennedy sought to do for the Nuclear Regulatory Commission, established as a result of the Energy Reorganization Act of 1974, what Senators Magnuson and Moss had done for the FTC. The new statute formalized the FTC's rule-making procedures generally, and the provisions on intervenors similarly constituted a formal recognition of the FTC's authority to provide compensation within the statute's parameters. Others pointed out that a similar amendment was stricken out in conference from the Energy Reorganization Act of 1974.