18 C.F.R. § 385.2007

Time (Rule 2007)

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(a) Computation. (1) Except as otherwise required by law, any period of time prescribed or allowed by statute or Commission rule or order is computed to exclude the day of the act or event from which the time period begins to run.

(2) The last day of any time period is included in the time period, unless it is a Saturday; Sunday; a day on which the Commission closes due to adverse conditions and does not reopen prior to its official close of business, even though some official duties may continue through telework-ready employees; part-day holiday that affects the Commission; or legal public holiday as designated in section 6103 of title 5, U.S. Code. In each case the period does not end until the close of the Commission business of the next day which is not a Saturday; Sunday; a day on which the Commission closes due to adverse conditions and does not reopen prior to its official close of business even though some official duties may continue through telework-ready employees; part-day holiday that affects the Commission; or legal public holiday.

(b) Date of issuance of Commission rules or orders. (1) Any Commission rule or order is deemed issued when the Secretary does the earliest of the following:

(i) Posts a full-text copy in the Division of Public Information;

(ii) Mails or delivers copies of the order to the parties; or

(iii) Makes such copies public.

(2) Any date of issuance specified in a rule or order need not be the date on which the rule or order is adopted by the Commission.

(c) Effective date of Commission rules or orders. (1) Unless otherwise ordered by the Commission, rules or orders are effective on the date of issuance.

(2) Any initial or revised initial decision issued by a presiding officer is effective when the initial or revised initial decision is final under Rule 708(d).

[Order 225, 47 FR 19022, May 3, 1982, as amended by Order 375, 49 FR 21316, May 21, 1984; Order 376, 49 FR 21707, May 23, 1984; Order 645, 69 FR 2504, Jan. 16, 2004; 84 FR 3983, Feb. 14, 2019]

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1984–2023 · leading case: Allegheny Def. Proj. v. FERC, 964 F.3d 1 (D.C. Cir. 2020).

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Allegheny Def. Proj. v. FERC, 964 F.3d 1 (D.C. Cir. 2020). “On March 13, 2017—the first business day after the thirty- day statutory time period for the Commission to act on the first rehearing application, see 18 C.F.R. § 385.2007 (a)(2)—the 10 Commission issued what is known as a “tolling order” that applied to all three rehearing…”

Panhandle E. Pipe Line Co. v. Fed. Energy Regulatory Comm'n, Union Elec. Co., Intervenors, 881 F.2d 1101 (D.C. Cir. 1989). · cites it 2× “265) because, under 18 C.F.R. § 385.2007 (c), FERC orders are effective on the date they issue unless the Commission directs otherwise.”

Advanced Energy United, Inc. v. FERC, 82 F.4th 1095 (D.C. Cir. 2023). · cites it 2× “at 199 (citing 18 C.F.R. § 385.2007 (a)(2)). Under FERC’s construction, October 11, 2021, was the date of its inaction and thus the date of FERC’s “order” as to the SEEM Proposal “per section 205(g)(1)(A)” of the FPA.”

Pac. Gas & Elec. Co. v. United States, 105 Fed. Cl. 420 (Fed. Cl. 2012). “See 18 C.F.R. § 385.2007 (e) (2008). Hence, FERC’s actions in correcting prices are consistent with its authority under the FPA as the law now stands and the Agencies are bound by the rulings.”

Aliceville Hydro Assocs. v. Fed. Energy Regulatory Comm'n, Indep. Elec. Corp., Intervenor, 800 F.2d 1147 (D.C. Cir. 1986). “In this filing, IEC asked the Commission to reject AHA’s July 13 application as untimely under Rule 2007(a)(2) of the Commission’s Rules of Practice and Procedure, 18 C.F.R. § 385.2007 (a)(2). This rule provides that any period of time prescribed or allowed by statute or…”

California ex rel. Brown v. United States, 105 Fed. Cl. 18 (Fed. Cl. 2012). “See 18 C.F.R. § 385.2007 (c) (2008). Hence, FERC’s actions in correcting prices are consistent with its authority under the FPA as the law now stands and the Agencies are bound by the rulings.”

Rainsong Co. v. Fed. Energy Regulatory Comm'n, U.S. Dep't of Agric., Respondent-Intervenor, 151 F.3d 1231 (9th Cir. 1998). · cites it 3× “See also 18 C.F.R. § 385.2007 (c) (Orders are effective on date issued.”

In Re Megan-Racine Assocs., Inc., 203 B.R. 873 (Bankr. N.D.N.Y. 1996). “” 18 C.F.R. § 385.2007 (c). FERC’s orders remain effective even if a party seeks an administrative rehearing or judicial review.”

Dorchester Gas Producing Co. v. Fed. Energy Regulatory Comm'n, 848 F.2d 634 (5th Cir. 1988). “Pursuant to Rule 2007 of the Commission’s Rules of Practice and Procedure, 18 C.F.R. § 385.2007 (c)(1) (1985), unless otherwise ordered by the Commission, orders are effective upon the date of issuance.”

Associated Gas Distributors v. Fed. Energy Regulatory Comm'n, 738 F.2d 1388 (D.C. Cir. 1984). · cites it 2× “204-A on the board at FERC’s OPI at approximately 3:01:32 p.”

Advanced Energy United, Inc. v. FERC (AMENDED OPINION) (D.C. Cir. 2023). · cites it 2× “at 199 (citing 18 C.F.R. § 385.2007 (a)(2)). Under FERC’s construction, October 11, 2021, was the date of its inaction and thus the date of FERC’s “order” as to the SEEM Proposal “per section 205(g)(1)(A)” of the FPA.”

— 18 C.F.R. § 385.2007(b) — 1 case

Rainsong Co. v. Fed. Energy Regulatory Comm'n, U.S. Dep't of Agric., Respondent-Intervenor, 151 F.3d 1231 (9th Cir. 1998). “See also 18 C.F.R. § 385.2007 (c) (Orders are effective on date issued.”

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