
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7173]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
           SUBCHAPTER IV--FEDERAL ENERGY REGULATORY COMMISSION
 
Sec. 7173. Initiation of rulemaking procedures before Commission


(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) of this section, 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) of this section, 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, Sec. 403, Aug. 4, 1977, 91 Stat. 585.)

                       References in Text

    The Federal Power Act, referred to in subsec. (c), is act June 10, 
1920, ch. 285, 41 Stat. 1063, as amended, which is classified generally 
to chapter 12 (Sec. 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, as amended, which is classified 
generally to chapter 15B (Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in section 7174 of this title.
