18 C.F.R. § 385.101

Applicability (Rule 101)

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(a) General rules. Except as provided in paragraph (b) of this section, this part applies to:

(1) Any filing or proceeding under this chapter; and

(2) Any oil pipeline filing or proceeding under this chapter or 49 CFR Chapter X and replaces the Interstate Commerce Commission General Rules of Practice (49 CFR part 1100) with respect to any oil pipeline filing or proceeding.

(b) Exceptions. (1) This part does not apply to investigations under part 1b of this chapter.

(2) If any provision of this part is inconsistent with any provision of another part of this chapter, the provision of this part is inapplicable and the provision of the other part governs to the extent of the inconsistency.

(3) If any provision of this part is inconsistent with any provision of 49 CFR Chapter X that is not otherwise replaced by this part or Commission rule or order, the provision of this part is inapplicable and the provision of 49 CFR Chapter X governs to the extent of the inconsistency. This paragraph (b)(3) shall cease to have effect on December 5, 2026, unless the Commission determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this paragraph (b)(3) and considering that input. The Commission will publish a document in the Federal Register announcing its determination and revising or removing this paragraph (b)(3) accordingly.

(c) Transitional provisions. (1) This part applies to any filing submitted on or after and to any proceeding pending on or initiated after, August 26, 1982.

(2) A decisional authority may, in the interest of justice:

(i) Apply the appropriate provisions of the prior Rules of Practice and Procedure (18 CFR part 1) to any filing submitted after, or to any proceeding or part of a proceeding pending on August 26, 1982;

(ii) Apply the provisions of this part to any filing submitted, or any proceeding or part of a proceeding initiated, after April 28, 1982 but before August 26, 1982.

(d) [Reserved]

(e) Waiver. To the extent permitted by law, the Commission may, for good cause, waive any provision of this part or prescribe any alternative procedures that it determines to be appropriate.

[Order 225, 47 FR 19022, May 3, 1982, as amended by Order 376, 49 FR 21705, May 23, 1984; Order 607, 65 FR 51234, Sept. 22, 1999; Order 914, 90 FR 48406, Oct. 21, 2025]

Notes of Decisions

Cited in 5 cases, 1984–2014 · leading case: Aliceville Hydro Assocs. v. Fed. Energy Regulatory Comm'n, Indep. Elec. Corp., Intervenor, 800 F.2d 1147 (D.C. Cir. 1986).

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Aliceville Hydro Assocs. v. Fed. Energy Regulatory Comm'n, Indep. Elec. Corp., Intervenor, 800 F.2d 1147 (D.C. Cir. 1986). “It is true that the scope of FERC’s Rules of Practice and Procedure is limited to, inter alia, “[a]ny filing or proceeding under this chapter ____” 18 C.F.R. § 385.101 (emphasis added). Contrary to AHA’s assertion, the Commission’s hydroelectric power licensing regulations, 18 C.”

New York State Energy Rsch. & Dev. Auth. v. Fed. Energy Regulatory Comm'n, Long Lake Energy Corp., Intervenor, 746 F.2d 64 (D.C. Cir. 1984). “” 18 C.F.R. § 385.101 (c)(2) (1983). The preamble to FERC’s new Rules clarifies that the Commission may exercise this discretionary authority “in light of any inequities that may result from the imposition” of the new Rules.”

Williston Basin Interstate Pipeline Co. v. Fed. Energy Regulatory Comm'n, 874 F.2d 834 (D.C. Cir. 1989). “That rule, which applies to “[a]ny filing or proceeding under this chapter,” 18 C.F.R. § 385.101 (a)(1), requires FERC jurisdictional companies such as Williston to include in their pleadings and tariff filings, as appropriate, “[t]he specific authorization or relief sought,” id.”

California ex rel. State Water Resources Control Bd. v. Fed. Energy Regulatory Comm'n, 966 F.2d 1541 (9th Cir. 1992). “1 FERC therefore concluded *1548 it would be appropriate to waive its regulations in order to grant Cal Fish and Game party status and to reopen the negotiations.”

Andersen v. Fed. Energy Regulatory Comm'n, 583 F. App'x 747 (9th Cir. 2014). · cites it 2× “” 18 C.F.R. § 385.101 (e). FERC has previously recognized and exercised its discretion to decide whether to treat complaints as formal complaints or to refer the complaints to staff.”

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