U.S. Code » Title 42 » Chapter CHAPTER 84— DEPARTMENT OF ENERGY › Subchapter SUBCHAPTER VII— TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

42 U.S.C. § 7295

Savings provisions

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(a) Orders, determinations, rules, etc., in effect prior to effective date of this chapterAll orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges—(1) which have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this chapter to the Department or the Commission after August 4, 1977, and(2) which are in effect on October 1, 1977,shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, the Federal Energy Regulatory Commission, or other authorized officials, a court of competent jurisdiction, or by operation of law.(b) Proceedings or applications for licenses, permits, etc., pending at effective date of this chapter; regulations(1) The provisions of this chapter shall not affect any proceedings or any application for any license, permit, certificate, or financial assistance pending on October 1, 1977, before any department, agency, commission, or component thereof, functions of which are transferred by this chapter; but such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this chapter had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this chapter had not been enacted.(2) The Secretary and the Commission are authorized to promulgate regulations providing for the orderly transfer of such proceedings to the Department or the Commission.(c) Suits commenced prior to effective date of this chapterExcept as provided in subsection (e)—(1) the provisions of this chapter shall not affect suits commenced prior to October 1, 1977, and(2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this chapter had not been enacted.(d) Suits, actions, etc., commenced by or against any officer or agency or cause of action by or against any department or agency

No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of any department or agency, functions of which are transferred by this chapter, shall abate by reason of the enactment of this chapter. No cause of action by or against any department or agency, functions of which are transferred by this chapter, or by or against any officer thereof in his official capacity shall abate by reason of the enactment of this chapter.

(e) Suits with officers, departments, or agencies as parties

If, before October 1, 1977, any department or agency, or officer thereof in his official capacity, is a party to a suit, and under this chapter any function of such department, agency, or officer is transferred to the Secretary or any other official, then such suit shall be continued with the Secretary or other official, as the case may be, substituted.

(Pub. L. 95–91, title VIII, § 705, Aug. 4, 1977, 91 Stat. 606.)Editorial NotesReferences in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.

Notes of Decisions
Cited in 15 cases, 1978–1981 · leading case: Town of Norwood, Massachusetts v. Fed. Energy Regulatory Comm'n, Boston Edison Co., Intervenor, 587 F.2d 1306 (D.C. Cir. 1978).
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Town of Norwood, Massachusetts v. Fed. Energy Regulatory Comm'n, Boston Edison Co., Intervenor, 587 F.2d 1306 (D.C. Cir. 1978). “Under §§ 705(c) and 705(e) of that Act, 42 U.S.C. §§ 7295 (c) and 7295(e), appeals taken prior to the statute are not affected by it except that substitution of appropriate parties is provided for.”
Air Prods. & Chemicals, Inc. v. Fed. Energy Regulatory Comm'n, 650 F.2d 687 (5th Cir. 1981). “The “savings provisions” of § 705(b) of the DEO Act, 42 U.S.C.A. § 7295 (b), provided that proceedings pending before the FPC on the Act’s effective date shall not be affected and that orders shall be issued in such proceedings as if the Act had not been enacted.”
Metro. Edison Co. v. Fed. Energy Regulatory Comm'n, Borough of Middletown, Pennsylvania, Intervenor, 595 F.2d 851 (D.C. Cir. 1979). “Under §§ 705(c)-(e) of the Act, 42 U.S.C.A. §§ 7295 (c)-(e) (West Supp. 1977), judicial proceedings commenced prior to its effective date are unaffected save for substitution of appropriate parties.”
Transcontinental Gas Pipe Line Corp. v. Fed. Energy Regulatory Comm'n, 589 F.2d 186 (5th Cir. 1979). “Section 705(e) of the Organization Act, to be codified as 42 U.S.C. § 7295 (e), provides for the substitution of the new Commission as a party in cases such as this.”
Pub. Serv. Comm'n of the State of New York v. Fed. Energy Regulatory Comm'n, Pennzoil Producing Co., Intervenor, 589 F.2d 542 (D.C. Cir. 1978). “The Federal Energy Regulatory Commission was created by § 401 the Department of Energy Organization Act of 1977, 42 U.S.C.”
Plateau, Inc. v. Dep't of the Interior & Cecil D. Andrus, 603 F.2d 161 (10th Cir. 1979). · cites it 2× “42 U.S.C.A. § 7295 (a) (Supp.1978). Litigation pending on the effective date of the Department of Energy Organization Act is unaffected.”
Borough of Ellwood City v. Fed. Energy Regulatory Comm'n, Pennsylvania Power Co., Intervenor, 583 F.2d 642 (3rd Cir. 1978). “The Federal Energy Regulatory Commission, to which most of the FPC’s powers have been *644 transferred, has been substituted as a party to this case pursuant to Section 705(e) of the Organization Act, 42 U.”
City of Oglesby v. Fed. Energy Regulatory Comm'n, 610 F.2d 897 (D.C. Cir. 1979). “By the terms of §§ 705(c)-(e) of the Act, 42 U.S.C.A. §§ 7295 (c)-(e) (West Supp. 1977), judicial proceedings commenced prior to its effective date are unaffected save for substitution of appropriate parties.”
H. S. Phillips v. Fed. Energy Regulatory Comm'n, 586 F.2d 465 (5th Cir. 1978). “Section 705(e) of the Organization Act, 42 U.S.C.A. § 7295 , provides for the substitution of the new Commission as a party in cases such as this.”
Greenwood Utils. Comm'n v. Schlesinger, 515 F. Supp. 653 (M.D. Ga. 1981). “42 U.S.C.A. § 7295 (c)(1) and (2) (Pamph.”
Papago Tribal Util. Auth. v. Fed. Energy Regulatory Comm'n, 610 F.2d 914 (D.C. Cir. 1979). “By the terms of §§ 705(c)-(e) of the Act, 42 U.S.C.A. §§ 7295 (c)-(e) (West Supp. 1977), judicial proceedings commenced prior to its effective date are unaffected save for substitution of appropriate parties.”
Columbia Gas Transmission Corp. v. Fed. Energy Regulatory Comm'n, 628 F.2d 578 (D.C. Cir. 1979). · cites it 2× “606 (1977) (to be codified as 42 U.S.C. § 7295 (a)) provides that all FPC orders in effect on October 1, 1977 “shall continue in effect .”
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