
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7174]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
           SUBCHAPTER IV--FEDERAL ENERGY REGULATORY COMMISSION
 
Sec. 7174. Referral of other rulemaking proceedings to 
        Commission
        

(a) Notification of Commission of proposed action; public comment

    Except as provided in section 7173 of this title, whenever the 
Secretary proposes to prescribe rules, regulations, and statements of 
policy of general applicability in the exercise of any function which is 
transferred to the Secretary under section 7151 of this title or section 
60501 of title 49, he shall notify the Commission of the proposed 
action. If the Commission, in its discretion, determines within such 
period as the Secretary may prescribe, that the proposed action may 
significantly affect any function within the jurisdiction of the 
Commission pursuant to section 7172(a)(1) and (c)(1) of this title and 
section 60502 of title 49, the Secretary shall immediately refer the 
matter to the Commission, which shall provide an opportunity for public 
comment.

(b) Recommendations of Commission; publication

    Following such opportunity for public comment the Commission, after 
consultation with the Secretary, shall either--
        (1) concur in adoption of the rule or statement as proposed by 
    the Secretary;
        (2) concur in adoption of the rule or statement only with such 
    changes as it may recommend; or
        (3) recommend that the rule or statement not be adopted.

The Commission shall promptly publish its recommendations, adopted under 
this subsection, along with an explanation of the reason for its actions 
and an analysis of the major comments, criticisms, and alternatives 
offered during the comment period.

(c) Options of Secretary; final agency action

    Following publication of the Commission's recommendations the 
Secretary shall have the option of--
        (1) issuing a final rule or statement in the form initially 
    proposed by the Secretary if the Commission has concurred in such 
    rule pursuant to subsection (b)(1) of this section;
        (2) issuing a final rule or statement in amended form so that 
    the rule conforms in all respects with the changes proposed by the 
    Commission if the Commission has concurred in such rule or statement 
    pursuant to subsection (b)(2) of this section; or
        (3) ordering that the rule shall not be issued.

The action taken by the Secretary pursuant to this subsection shall 
constitute a final agency action for purposes of section 704 of title 5.

(Pub. L. 95-91, title IV, Sec. 404, Aug. 4, 1977, 91 Stat. 586.)

                          Codification

    In subsec. (a), ``section 60501 of title 49'' substituted for 
reference to section 306 of this Act, meaning section 306 of Pub. L. 95-
91 [42 U.S.C. 7155], and ``section 60502 of title 49'' substituted for 
reference to section 402(b), meaning section 402(b) of Pub. L. 95-91 [42 
U.S.C. 7172(b)] on authority of Pub. L. 103-272, Sec. 6(b), July 5, 
1994, 108 Stat. 1378, the first section of which enacted subtitles II, 
III, and V to X of Title 49, Transportation.

                  Section Referred to in Other Sections

    This section is referred to in section 7172 of this title.
