18 C.F.R. § 375.301

Purpose and subdelegations

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(a) The purpose of this subpart is to set forth the authorities that the Commission has delegated to staff officials. Any action by a staff official under the authority of this subpart may be appealed to the Commission in accordance with § 385.1902 of this chapter.

(b) Where the Commission, in delegating functions to specified Commission officials, permits an official to further delegate those functions to a designee of such official, designee shall mean the deputy of such official, the head of a division, or a comparable official as designated by the official to whom the direct delegation is made.

(c) For purposes of Subpart C, uncontested and in uncontested cases mean that no motion to intervene, or notice of intervention, in opposition to the pending matter made under § 385.214 (intervention) has been received by the Commission.

[Order 112, 45 FR 79025, Nov. 28, 1980, as amended by Order 225, 47 FR 19058, May 3, 1982; Order 492, 53 FR 16062, May 5, 1988]

Notes of Decisions

Cited in 3 cases, 1989–2011 · leading case: Murray Energy Corp. v. Fed. Energy Regulatory Comm'n, 629 F.3d 231 (D.C. Cir. 2011).

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Murray Energy Corp. v. Fed. Energy Regulatory Comm'n, 629 F.3d 231 (D.C. Cir. 2011). “” 18 C.F.R. § 375.301 (b). Murray asserts that the Chief of Gas Branch 2 is not “comparable to” the OEP Deputy Director or one of the division heads.”

Commonwealth of Pennsylvania, Dep't of Env't Resources v. Fed. Energy Regulatory Comm'n, 868 F.2d 592 (3rd Cir. 1989). · cites it 2× “” 18 C.F.R. § 375.301 (c) (1988). The Department maintains that its motion to intervene —filed several months before the Director’s Order Issuing License — was “in opposition to the pending matter” within the meaning of the regulation, that the P.”

Nat'l Comm. for the New River, Inc. v. Fed. Energy Regulatory Comm'n, 433 F.3d 830 (D.C. Cir. 2005). “FERC regulations state: “Where the Commission, in delegating functions to specified Commission officials, permits an official to further delegate those functions to a designee of such official, designee shall mean the deputy of such official, the head of a division, or a…”

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