
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: 42USC7194]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
       SUBCHAPTER V--ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW
 
Sec. 7194. Requests for adjustments

    (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 \1\ [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 \2\ 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.
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    \1\ See References in Text note below.
    \2\ So in original. Probably should be ``recision''.
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    (b)(1) If any person is aggrieved or adversely affected by a denial 
of a request for adjustment under subsection (a) of this section 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, Sec. 504, Aug. 4, 1977, 91 Stat. 590.)

                       References in Text

    The Federal Energy Administration Act, referred to in subsec. (a), 
is Pub. L. 93-275, May 7, 1974, 88 Stat. 96, as amended, which is 
classified generally to chapter 16B (Sec. 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, as amended, 
which was classified generally to chapter 16A (Sec. 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, as amended, which is classified principally to chapter 16C 
(Sec. 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, as amended, which is 
classified principally to chapter 77 (Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in title 15 section 4504.
