42 U.S.C. § 7194

Requests for adjustments

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(a) The Secretary or any officer designated by him shall provide for the making of such adjustments to any rule, regulation or order described in section 7191(a) of this title issued under the Federal Energy Administration Act [15 U.S.C. 761 et seq.], the Emergency Petroleum Allocation Act of 1973 11 See References in Text note below. [15 U.S.C. 751 et seq.], the Energy Supply and Environmental Coordination Act of 1974 [15 U.S.C. 791 et seq.], or the Energy Policy and Conservation Act [42 U.S.C. 6201 et seq.], consistent with the other purposes of the relevant Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens, and shall by rule, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or recission 22 So in original. Probably should be “recision”. of, exception to, or exemption from, such rule, regulation or order. The Secretary or any such officer shall additionally insure that each decision on any application or petition requesting an adjustment shall specify the standards of hardship, inequity, or unfair distribution of burden by which any disposition was made, and the specific application of such standards to the facts contained in any such application or petition.(b)(1) If any person is aggrieved or adversely affected by a denial of a request for adjustment under subsection (a) such person may request a review of such denial by the Commission and may obtain judicial review in accordance with this subchapter when such a denial becomes final.(2) The Commission shall, by rule, establish appropriate procedures, including a hearing when requested, for review of a denial. Action by the Commission under this section shall be considered final agency action within the meaning of section 704 of title 5 and shall not be subject to further review by the Secretary or any officer or employee of the Department. Litigation involving judicial review of such action shall be the responsibility of the Secretary.(Pub. L. 95–91, title V, § 504, Aug. 4, 1977, 91 Stat. 590.)Editorial NotesReferences in Text

The Federal Energy Administration Act, referred to in subsec. (a), is Pub. L. 93–275, May 7, 1974, 88 Stat. 96, which is classified generally to chapter 16B (§ 761 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 761 of Title 15 and Tables.

The Emergency Petroleum Allocation Act of 1973, referred to in subsec. (a), is Pub. L. 93–159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 751 et seq.) of Title 15, and was omitted from the Code pursuant to section 760g of Title 15, which provided for the expiration of the President’s authority under that chapter on Sept. 30, 1981.

The Energy Supply and Environmental Coordination Act of 1974, referred to in subsec. (a), is Pub. L. 93–319, June 22, 1974, 88 Stat. 246, which is classified principally to chapter 16C (§ 791 et seq.) of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 791 of Title 15 and Tables.

The Energy Policy and Conservation Act, referred to in subsec. (a), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, which is classified principally to chapter 77 (§ 6201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.

Notes of Decisions

Cited in 32 cases, 1978–1992 · leading case: Chemical Manufacturers Ass'n v. Natural Resources Defense Council, Inc.

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Chemical Manufacturers Ass'n v. Natural Resources Defense Council, Inc. (1985) scotus · cites it 4× “For example, the Department of Energy Organization Act, 42 U. S. C. § 7194 (a); the Natural Gas Policy Act, 15 U.”

Texaco Inc. v. Department of Energy (1979) tecoa · cites it 3× “Interpreting § 504(b) of the DOE Act, 42 U.S.C. § 7194 (b)(1), FERC ruled that it only has jurisdiction to review “denials” of requests for relief.”

Thriftway Co. v. United States Department of Energy (1989) tecoa · cites it 4× “§ 753 (b)(1)(D) & (I) and 42 U.S.C. § 7194 (a)). But FERC also noted that “Young’s coal and ice business, on its face, does not appear to be related to the portion of Young’s business which is covered by the regulations, and DOE does not provide any basis for finding to the…”

Department of Energy v. Brimmer (1982) tecoa · cites it 3× “42 U.S.C. § 7194 (a). See also• 10 C.F.R.”

Exxon Corp. v. Department of Energy (1986) tecoa · cites it 3× “issued under [several federal energy acts], consistent with the other purposes of the relevant Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens____ 42 U.S.C. § 7194 (a) (1982). The provision seeks to avoid the hardship that would…”

Caribou Four Corners, Inc. v. American Oil Co. (1985) utd · cites it 5× “” 42 U.S.C. § 7194 . Exception Relief frequently consisted of reducing a firm’s obligation to buy entitlements, or authorizing action to sell additional entitlements, to the extent necessary to offset the hardship caused by the regulation and enable the company to attain its…”

Exxon Corp. v. Department of Energy (1985) ded · cites it 4× “issued under [various federal energy acts], consistent with the other purposes of the relevant *1401 Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens ____ 42 U.S.C. § 7194 (a). 3 This section gave DOE broad powers to correct…”

Pennzoil Co. v. United States Department of Energy (1982) tecoa “See 42 U.S.C. § 7194 ; 10 C.F.R. §§ 205.50 et seq.”

City of Long Beach v. Department of Energy (1985) tecoa “Department of Energy Organization Act (DOEOA), § 504, 42 U.S.C. § 7194 ; 10 C.F.R. § 205.50 (1981), et seq.”

Koch Refining Co. v. United States Department of Energy (1981) tecoa · cites it 2× “…or prevent serious hardship, gross inequity or unfair distribution of burdens.” See, 10 C.F.R. § 205.55 (b)(2) and 42 U.S.C. § 7194 (a).”

Quincy Oil, Inc. v. Federal Energy Administration (1980) tecoa “However, the sole issue urged on appeal to this court was the propriety of the Federal Energy Regulatory Commission’s refusal to review the grant of interim relief, a question of statutory interpretation of Section 504(b)(1) of the Department of Energy Organization Act, 42…”

Koch Industries, Inc. v. Mobil Oil Corp. (1992) tecoa “’ 42 U.S.C. § 7194 .” Exxon Corp. v. Department of Energy, 802 F.”

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