U.S. Code » Title 42 » Chapter CHAPTER 84— DEPARTMENT OF ENERGY › Subchapter SUBCHAPTER IV— FEDERAL ENERGY REGULATORY COMMISSION

42 U.S.C. § 7173

Initiation of rulemaking procedures before Commission

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(a) Proposal of rules, regulations, and statements of policy of general applicability by Secretary and Commission

The Secretary and the Commission are authorized to propose rules, regulations, and statements of policy of general applicability with respect to any function within the jurisdiction of the Commission under section 7172 of this title.

(b) Consideration and final action on proposals of Secretary

The Commission shall have exclusive jurisdiction with respect to any proposal made under subsection (a), and shall consider and take final action on any proposal made by the Secretary under such subsection in an expeditious manner in accordance with such reasonable time limits as may be set by the Secretary for the completion of action by the Commission on any such proposal.

(c) Utilization of rulemaking procedures for establishment of rates and charges under Federal Power Act and Natural Gas Act

Any function described in section 7172 of this title which relates to the establishment of rates and charges under the Federal Power Act [16 U.S.C. 791a et seq.] or the Natural Gas Act [15 U.S.C. 717 et seq.], may be conducted by rulemaking procedures. Except as provided in subsection (d), the procedures in such a rulemaking proceeding shall assure full consideration of the issues and an opportunity for interested persons to present their views.

(d) Submission of written questions by interested persons

With respect to any rule or regulation promulgated by the Commission to establish rates and charges for the first sale of natural gas by a producer or gatherer to a natural gas pipeline under the Natural Gas Act [15 U.S.C. 717 et seq.], the Commission may afford any interested person a reasonable opportunity to submit written questions with respect to disputed issues of fact to other interested persons participating in the rulemaking proceedings. The Commission may establish a reasonable time for both the submission of questions and responses thereto.

(Pub. L. 95–91, title IV, § 403, Aug. 4, 1977, 91 Stat. 585.)Editorial NotesReferences in Text

The Federal Power Act, referred to in subsec. (c), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables.

The Natural Gas Act, referred to in subsecs. (c) and (d), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§ 717 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 717w of Title 15 and Tables.

Notes of Decisions
Cited in 5 cases, 1985–2005 · leading case: Mobil Oil Expl. & Producing Se., Inc. v. Fed. Energy Regulatory Comm'n, 885 F.2d 209 (5th Cir. 1989).
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Mobil Oil Expl. & Producing Se., Inc. v. Fed. Energy Regulatory Comm'n, 885 F.2d 209 (5th Cir. 1989). “42 U.S.C. § 7173 et seq. . The Commission's new price ceiling greatly exceeded the competitive market price that existed in June 1986, and continues to exceed the competitive market price today.”
In Re Enron Corp., 327 B.R. 526 (Bankr. S.D.N.Y. 2005). “§§ 824d, 824e(a); Department of Energy Organization Act, § 403(c), 42 U.S.C.A. § 7173 (c). In addition, after the deregulation of California energy markets, the central transactions, the wholesale sales of energy in interstate commerce, were governed by FERC approved rules and a…”
Transmission Access Policy Study Grp. v. Fed. Energy Regulatory Comm'n, 225 F.3d 667 (D.C. Cir. 2000). · cites it 2× “Congress subsequently ratified the American Public Gas holding when it enacted the Department of Energy Organization Act, 42 U.S.C. § 7173 (c) (1994). See Wisconsin Gas, 770 F.”
Transmission Access Policy Study Grp. v. Fed. Energy Regulatory Comm'n, 225 F.3d 667 (D.C. Cir. 2000). · cites it 2× “Congress subsequently ratified the American Public Gas holding when it enacted the Department of Energy Organization Act, 42 U.S.C. § 7173 (c) (1994). See Wisconsin Gas, 770 F.”
Wisconsin Gas Co. v. Fed. Energy Regulatory Comm'n, 770 F.2d 1144 (D.C. Cir. 1985). “Congress ratified this holding in the Department of Energy Organization Act, 42 U.S.C. § 7173 (c) (1982): "Any function .”
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