15 U.S.C. § 3412

Administrative procedure

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(a) Administrative Procedure Act

Subject to subsection (b), the provisions of subchapter II of chapter 5 of title 5 shall apply to any rule or order issued under this chapter having the applicability and effect of a rule as defined in section 551(4) of title 5; except that sections 554, 556, and 557 of such title 5 shall not apply to any order under such section 3361, 3362, or 3363 of this title.

(b) Opportunity for oral presentations

To the maximum extent practicable, an opportunity for oral presentation of data, views, and arguments shall be afforded with respect to any proposed rule or order described in subsection (a) (other than an order under section 3361, 3362, or 3363 of this title). To the maximum extent practicable, such opportunity shall be afforded before the effective date of such rule or order. Such opportunity shall be afforded no later than 30 days after such date in the case of a waiver of the entire comment period under section 553(d)(3) of title 5, and no later than 45 days after such date in all other cases. A transcript shall be made of any such oral presentation.

The Commission or any other Federal officer or agency authorized to issue rules or orders described in subsection (a) (other than an order under section 3361, 3362, or 3363 of this title) shall, by rule, provide for the making of such adjustments, consistent with the other purposes of this chapter, as may be necessary to prevent special hardship, inequity, or an unfair distribution of burdens. Such rule shall establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or rescission of, exception to, or exemption from, such applicable rules or orders. If any person is aggrieved or adversely affected by the denial of a request for adjustment under the preceding sentence, such person may request a review of such denial by the officer or agency and may obtain judicial review in accordance with section 3416 of this title when such denial becomes final. The officer or agency shall, by rule, establish procedures, including an opportunity for oral presentation of data, views, and arguments, for considering requests for adjustment under this subsection.

(Pub. L. 95–621, title V, § 502, Nov. 9, 1978, 92 Stat. 3397; Pub. L. 101–60, § 3(a)(3), July 26, 1989, 103 Stat. 158.)Editorial NotesAmendments

1989—Subsec. (d). Pub. L. 101–60 struck out subsec. (d) which directed that any determination made under section 3347(c) of this title be made in accordance with procedures applicable to the granting of any authority under the Natural Gas Act to import natural gas or liquefied natural gas (as the case might be).

Notes of Decisions

Cited in 14 cases, 1981–2008 · leading case: Chem. Mfrs. Ass'n v. Nat. Resources Def. Council, Inc., 470 U.S. 116 (1985).

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Chem. Mfrs. Ass'n v. Nat. Resources Def. Council, Inc., 470 U.S. 116 (1985). · cites it 4× “§ 7194 (a); the Natural Gas Policy Act, 15 U. S. C. § 3412 (c); and the Energy Policy and Conservation Act, 42 U.”

Pennzoil Co. v. Fed. Energy Regulatory Comm'n, 645 F.2d 360 (5th Cir. 1981). “Such a stay may be sought under NGPA § 502(c), 15 U.S.C.A. § 3412 . This permits any person to seek adjustments, including an exception or exemption from FERC rules or orders, as may be necessary to prevent special hardship, inequity, or an unfair distribution of burdens.”

Anadarko Petroleum Corp. v. Fed. Energy Regulatory Comm'n, 196 F.3d 1264 (D.C. Cir. 1999). · cites it 3× “” 15 U.S.C. § 3412 (c). Collectively, the producers advanced two claims not explicitly decided in Public Service: they requested a waiver of the interest due on the overcharges they had to repay for the period between October 1983 and June 1988; and they requested a reduction in…”

Ecee, Inc. v. Fed. Energy Regulatory Comm'n, 645 F.2d 339 (5th Cir. 1981). “Hardship exceptions may always be sought under NGPA § 502(c), 15 U.S.C.A. § 3412 (c), in appropriate cases.”

Burlington Resources Inc. v. Fed. Energy Regulatory Comm'n, 513 F.3d 242 (D.C. Cir. 2008). “We need not reach Burlington’s alternative request for equitable adjustment of its obligations under § 502(c) of the Natural Gas Policy Act (“NGPA”) of 1978, 15 U.S.C. § 3412 (c). Burlington’s alleged liability arose under § 601 of the NGPA, which for many years imposed maximum…”

Burlington Resources Oil & Gas Co. LP.. v. Fed. Energy Regulatory Comm'n, 396 F.3d 405 (D.C. Cir. 2005). · cites it 2× “The Commission denied Burlington’s alternative request that it be relieved of any obligation to pay interest, on the ground the request was a collateral attack on the Commission’s orders in Public Service denying such waivers, and Burlington had not shown hardship or inequity…”

Shell Offshore Inc. v. Fed. Energy Regulatory Comm'n, 858 F.2d 1147 (5th Cir. 1989). “GARZA, Circuit Judge: Petitioners, who are oil producers, seek review of Federal Energy Regulatory Commission (“Commission”) orders concerning ten petitions for adjustment filed by petitioners under § 502(c) of the Natural Gas Policy Act of 1978, (“NGPA”) 15 U.S.C. § 3412 (c).…”

Hadson Gas Sys., Inc. v. Fed. Energy Regulatory Comm'n, Enron Capital & Trade Resources Corp., Intervenor, 75 F.3d 680 (D.C. Cir. 1996). “Hadson also argues that § 502(b) of the NGPA, 15 U.S.C. § 3412 (b), requiring, an opportunity for an oral presentation with respect to any proposed rule “[t]o the maximum extent practicable,” compels the Commission to afford such an opportunity.”

Process Gas Consumers Grp. v. U.S. Dep't of Agric., 694 F.2d 778 (D.C. Cir. 1982). · cites it 3× “In doing so, we accept the Commission’s position that section 502(c) of the NGPA, 15 U.S.C. § 3412 (c), is an appropriate mechanism for correcting any inequities in specific plans that follow from application of its generic rule.”

William Perlman v. Fed. Energy Regulatory Comm'n, 845 F.2d 529 (5th Cir. 1988). · cites it 2× “JOHNSON, Circuit Judge: Petitioner William Perlman appeals an order by the Federal Energy Regulatory Commission (FERC) denying him adjustment relief under § 502(c), 15 U.S.C. § 3412 (c), of the Natural Gas Policy Act of 1978 (NGPA).”

Kaneb Energy Co. v. Fed. Energy Regulatory Comm'n, 814 F.2d 1083 (5th Cir. 1987). “Kaneb argues that section 502(c) of the NGPA, 15 U.S.C. § 3412 , which provides for adjustments “to prevent special hardship, inequity or an unfair distribution of burdens,” is inconsistent with a standard of strict compliance.”

S. Union Gathering Co. v. Fed. Energy Regulatory Comm'n, 687 F.2d 87 (5th Cir. 1982). “Pending completion of rulemaking proceedings, however, a company is required to seek an adjustment of a gathering allowance pursuant to Commission regulations implementing NGPA § 502(c), 15 U.S.C. § 3412 (c). NGPA § 502(c) recites, in pertinent part: The Commission .”

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