1.  In a Department of Energy (DOE) announcement released August 19, 2003, regarding the creation of the "US-Canada Task Force," you discussed plans to investigate the recent blackouts. Please describe in detail the specific statutory authority under which DOE is conducting this investigation.

(a) Has this authority been used for similar purposes in the past? If so, explain when and what findings, reports, or conclusions resulted.

(b) Your announcement stated "It is important that all parties preserve all relevant data so that it may be made available for review and inspection." Does DOE have specific authority to require the retention and submission of such data? If not, how will the Task Force determine the sufficiency and validity of information used in the investigation? To what extent does the Task Force anticipate relying on other entities’ authority to obtain such information, for example the North American Electric Reliability Council (NERC) or the Federal Energy Regulatory Commission (FERC)?

2.  The announcement listed a number of parties that will work with the Task Force: "executives of electric companies, the Independent Systems Operators (ISOs) and the North American Electric Reliability Council (NERC)."

(a) Which electric companies and which ISOs will participate in the Task Force?

(b) What role do you expect them to play?

(c) Has the Department attempted to prevent such entities from pursuing their own independent investigations or reports, separate from their participation in the Task Force?

3.  Press reports indicate that FERC commissioners and/or staff also will participate in the Task Force.

(a) How was the decision to include FERC in the Task Force made, and by whom?

(b) Please describe which FERC personnel will be involved and their specific role in the investigation.

(c) The Federal Power Act authorizes and directs FERC to conduct its own independent investigation of the blackouts in order to inform its rulemakings and enable it to make legislative recommendations (see sections 307 and 311). How does the Commission’s participation in the Task Force square with its responsibility as an independent agency to conduct its own investigations?

(d) Did the Department or others in the Administration attempt to prevent FERC from conducting its own investigation? Does the Department or the Administration have any objection to the Commission doing so?

4.  Your announcement indicates that "the Department of Energy has dispatched teams of investigators to the Northeast and Upper Midwest to begin on-site investigations into the cause of the recent power outages." Please indicate the number of personnel on these investigative teams, and which government or other agency they work for.

5.  Your announcement also states the Task Force "is charged with identifying the causes of the recent power outage that affected North America and with making recommendations on preventing future outages."

(a) Do you have an estimated time for completing the investigation?

(b) Do you have an estimated time at which such recommendations will be released? Do you anticipate making recommendations for legislative action?

(c) Do you believe that enacting legislation to make NERC’s reliability rules mandatory and enforceable would help prevent future blackouts? How long do you think it would take NERC to fully implement the authority such legislation would provide? Do you think Congress should defer action on a reliability bill pending the results of your investigation?