
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: 42USC7295]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
    SUBCHAPTER VII--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
 
Sec. 7295. Savings provisions


(a) Orders, determinations, rules, etc., in effect prior to effective 
        date of this chapter

    All 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terminated, superseded, set aside, or revoked in accordance with law by 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continue in effect until modified, terminated, superseded, or revoked by 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 chapter

    Except as provided in subsection (e) of this section--
        (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, Sec. 705, Aug. 4, 1977, 91 Stat. 606.)

                  Section Referred to in Other Sections

    This section is referred to in section 7341 of this title.
