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Title 42, The Public Health and WelfareRelease 119-110

§7173 Initiation of Rulemaking Procedures Before Commission

Title 42 › CHAPTER 84 — DEPARTMENT OF ENERGY › SUBCHAPTER IV — FEDERAL ENERGY REGULATORY COMMISSION › § 7173

Last updated Sep 22, 2026|Official source

Summary

Allows the Secretary and the Commission to write and suggest general rules and policies about matters the Commission oversees. The Commission is the only body that will review and decide on any rule the Secretary proposes, and it must act quickly, following reasonable deadlines the Secretary can set. Rules about setting rates or charges under the Federal Power Act or the Natural Gas Act can be made through rulemaking. Those rulemaking processes must give full chance for people with an interest to be heard. For rules about the first sale of natural gas by a producer or gatherer to a natural gas pipeline under the Natural Gas Act, the Commission may let interested people send written questions to each other about disputed facts and set reasonable deadlines for questions and answers.

Full Legal Text

Title 42, §7173

The Public Health and Welfare, Source: USLM XML via OLRC

(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), 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), 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

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

Reference

Citations & Metadata

Citation

42 U.S.C. § 7173

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110