18 C.F.R. § 385.1902

Appeals from action of staff (Rule 1902)

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(a) Any staff action (other than a decision or ruling of presiding officer, as defined in Rule 102(e)(1), made in a proceeding set for hearing under subpart E of this part) taken pursuant to authority delegated to the staff by the Commission is a final agency action that is subject to a request for rehearing under Rule 713 (request for rehearing).

(b) All appeals of staff action that were timely filed prior to December 3, 1990 and that had not been acted upon by the Commission on their substantive merits are deemed to be timely filed requests for rehearing of final agency action. All notices issued by the Commission prior to December 3, 1990 stating the Commission's intent to act on appeals of staff action such that they are not deemed denied by the expiration of a 30-day period after the filing of the appeal, are deemed to be orders granting rehearing of final agency action for the sole purpose of further consideration, unless the Commission issued an order on the substantive merits of the appeal prior to December 3, 1990. No later than January 2, 1991, persons who had timely filed appeals of staff action prior to December 3, 1990 which were pending before the Commission on that date may file additional pleadings to update or supplement those appeals.

[Order 530, 55 FR 50682, Dec. 10, 1990, as amended by Order 606, 64 FR 44405, Aug. 16, 1999]

Notes of Decisions

Cited in 6 cases, 1986–2020 · leading case: Delaware Riverkeeper Network v. Fed. Energy Regulatory Comm'n, 857 F.3d 388 (D.C. Cir. 2017).

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Delaware Riverkeeper Network v. Fed. Energy Regulatory Comm'n, 857 F.3d 388 (D.C. Cir. 2017). · cites it 2× “See 18 C.F.R. § 385.1902 . In addition to the requirements of the NGA, § 401 of the CWA requires “[a]ny applicant for a Federal license or permit to conduct any activity including .”

Baltimore Gas & Elec. Co. v. FERC, 954 F.3d 279 (D.C. Cir. 2020). “18 C.F.R. § 385.1902 (a) (“Any staff action … taken pursuant to authority delegated to the staff by the Commission is a final agency action that is subject to a request for rehearing.”

Commonwealth of Pennsylvania, Dep't of Env't Resources v. Fed. Energy Regulatory Comm'n, 868 F.2d 592 (3rd Cir. 1989). “3 The Department filed with the Commission a petition for appeal from the Director’s order pursuant to 18 C.F.R. § 385.1902 (1988). While the Department’s counsel stated in a cover letter that “the Commonwealth of Pennsylvania, Department of Environmental Resources supports the…”

OXY USA, Inc. v. Fed. Energy Regulatory Comm'n, 64 F.3d 679 (D.C. Cir. 1995). “We need not investigate the propriety of petitioners’ delay in seeking rehearing.”

City of Centralia, Washington v. Fed. Energy Regulatory Comm'n, & Pac. Power & Light Co., Respondent-Intervenor, 799 F.2d 475 (9th Cir. 1986). “18 C.F.R. § 385.1902 (1985). We may review Commission orders only when the aggrieved party has applied to the Commission for a rehearing.”

Lyons v. Fed. Energy Regulatory Comm'n, 468 F. App'x 365 (4th Cir. 2012). “See 18 C.F.R. § 385.1902 (a) (2012). A request for rehearing on such a decision must be filed within thirty days, which it was not.”

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