42 Usc 7178

Page 6187

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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, § 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, § 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.

§ 7175. Right of Secretary to intervene in Commission proceedings
The Secretary may as a matter of right intervene or otherwise participate in any proceeding
before the Commission. The Secretary shall
comply with rules of procedure of general applicability governing the timing of intervention or
participation in such proceeding or activity and,
upon intervening or participating therein, shall
comply with rules of procedure of general applicability governing the conduct thereof. The
intervention or participation of the Secretary in
any proceeding or activity shall not affect the
obligation of the Commission to assure procedure fairness to all participants.
(Pub. L. 95–91, title IV, § 405, Aug. 4, 1977, 91 Stat.
586.)
§ 7176. Reorganization
For the purposes of chapter 9 of title 5 the
Commission shall be deemed to be an independent regulatory agency.
(Pub. L. 95–91, title IV, § 406, Aug. 4, 1977, 91 Stat.
586.)
§ 7177. Access to information
(a) The Secretary, each officer of the Department, and each Federal agency shall provide to
the Commission, upon request, such existing information in the possession of the Department
or other Federal agency as the Commission de-

§ 7178

termines is necessary to carry out its responsibilities under this chapter.
(b) The Secretary, in formulating the information to be requested in the reports or investigations under section 825c and section 825j of title
16 and section 717i and section 717j of title 15
shall include in such reports and investigations
such specific information as requested by the
Federal Energy Regulatory Commission and
copies of all reports, information, results of investigations and data under said sections shall
be furnished by the Secretary to the Federal Energy Regulatory Commission.
(Pub. L. 95–91, title IV, § 407, Aug. 4, 1977, 91 Stat.
587.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977,
91 Stat. 565, as amended, known as the Department of
Energy Organization Act, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 7101 of this title and Tables.

§ 7178. Federal Energy Regulatory Commission
fees and annual charges
(a) In general
(1) Except as provided in paragraph (2) and beginning in fiscal year 1987 and in each fiscal year
thereafter, the Federal Energy Regulatory Commission shall, using the provisions of this section and authority provided by other laws, assess and collect fees and annual charges in any
fiscal year in amounts equal to all of the costs
incurred by the Commission in that fiscal year.
(2) The provisions of this section shall not affect the authority, requirements, exceptions, or
limitations in sections 803(e) and 823a(e) of title
16.
(b) Basis for assessments
The fees or annual charges assessed shall be
computed on the basis of methods that the Commission determines, by rule, to be fair and equitable.
(c) Estimates
The Commission may assess fees and charges
under this section by making estimates based on
data available to the Commission at the time of
assessment.
(d) Time of payment
The Commission shall provide that the fees
and charges assessed under this section shall be
paid by the end of the fiscal year for which they
were assessed.
(e) Adjustments
The Commission shall, after the completion of
a fiscal year, make such adjustments in the assessments for such fiscal year as may be necessary to eliminate any overrecovery or underrecovery of its total costs, and any overcharging
or undercharging of any person.
(f) Use of funds
All moneys received under this section shall
be credited to the general fund of the Treasury.
(g) Waiver
The Commission may waive all or part of any
fee or annual charge assessed under this section
for good cause shown.

§ 7191

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(Pub. L. 99–509, title III, § 3401, Oct. 21, 1986, 100
Stat. 1890.)
CODIFICATION
Section was enacted as part of the Omnibus Budget
Reconciliation Act of 1986, and not as part of the Department of Energy Organization Act which comprises
this chapter.

SUBCHAPTER V—ADMINISTRATIVE
PROCEDURES AND JUDICIAL REVIEW
§ 7191. Procedures for issuance of rules, regulations, or orders
(a) Applicability of subchapter II of chapter 5 of
title 5
(1) Subject to the other requirements of this
subchapter, the provisions of subchapter II of
chapter 5 of title 5 shall apply in accordance
with its terms to any rule or regulation, or any
order having the applicability and effect of a
rule (as defined in section 551(4) of title 5), issued pursuant to authority vested by law in, or
transferred or delegated to, the Secretary, or required by this chapter or any other Act to be
carried out by any other officer, employee, or
component of the Department, other than the
Commission, including any such rule, regulation, or order of a State, or local government
agency or officer thereof, issued pursuant to authority delegated by the Secretary in accordance with this subchapter. If any provision of
any Act, the functions of which are transferred,
vested, or delegated pursuant to this chapter,
provides administrative procedure requirements
in addition to the requirements provided in this
subchapter, such additional requirements shall
also apply to actions under that provision.
(2) Notwithstanding paragraph (1), this subchapter shall apply to the Commission to the
same extent this subchapter applies to the Secretary in the exercise of any of the Commission’s functions under section 7172(c)(1) of this
title or which the Secretary has assigned under
section 7172(e) of this title.
(b) Substantial issue of fact or law or likelihood
of substantial impact on Nation’s economy,
etc.; oral presentation
(1) If the Secretary determines, on his own initiative or in response to any showing made pursuant to paragraph (2) (with respect to a proposed rule, regulation, or order described in subsection (a) of this section) that no substantial
issue of fact or law exists and that such rule,
regulation, or order is unlikely to have a substantial impact on the Nation’s economy or
large numbers of individuals or businesses, such
proposed rule, regulation, or order may be promulgated in accordance with section 553 of title
5. If the Secretary determines that a substantial
issue of fact or law exists or that such rule, regulation, or order is likely to have a substantial
impact on the Nation’s economy or large numbers of individuals or businesses, an opportunity
for oral presentation of views, data, and arguments shall be provided.
(2) Any person, who would be adversely affected by the implementation of any proposed
rule, regulation, or order who desires an opportunity for oral presentation of views, data, and

Page 6188

arguments, may submit material supporting the
existence of such substantial issues or such impact.
(3) A transcript shall be kept of any oral presentation with respect to a rule, regulation, or
order described in subsection (a) of this section.
(c) Waiver of requirements
The requirements of subsection (b) of this section may be waived where strict compliance is
found by the Secretary to be likely to cause serious harm or injury to the public health, safety, or welfare, and such finding is set out in detail in such rule, regulation, or order. In the
event the requirements of this section are
waived, the requirements shall be satisfied within a reasonable period of time subsequent to the
promulgation of such rule, regulation, or order.
(d) Effects confined to single unit of local government, geographic area within State, or
State; hearing or oral presentation
(1) With respect to any rule, regulation, or
order described in subsection (a) of this section,
the effects of which, except for indirect effects
of an inconsequential nature, are confined to—
(A) a single unit of local government or the
residents thereof;
(B) a single geographic area within a State
or the residents thereof; or
(C) a single State or the residents thereof;
the Secretary shall, in any case where appropriate, afford an opportunity for a hearing or
the oral presentation of views, and provide procedures for the holding of such hearing or oral
presentation within the boundaries of the unit
of local government, geographic area, or State
described in paragraphs (A) through (C) of this
paragraph as the case may be.
(2) For the purposes of this subsection—
(A) the term ‘‘unit of local government’’
means a county, municipality, town, township, village, or other unit of general government below the State level; and
(B) the term ‘‘geographic area within a
State’’ means a special purpose district or
other region recognized for governmental purposes within such State which is not a unit of
local government.
(3) Nothing in this subsection shall be construed as requiring a hearing or an oral presentation of views where none is required by this
section or other provision of law.
(e) Prescription of procedures for State and local
government agencies
Where authorized by any law vested, transferred, or delegated pursuant to this chapter,
the Secretary may, by rule, prescribe procedures
for State or local government agencies authorized by the Secretary to carry out such functions as may be permitted under applicable law.
Such procedures shall apply to such agencies in
lieu of this section, and shall require that prior
to taking any action, such agencies shall take
steps reasonably calculated to provide notice to
persons who may be affected by the action, and
shall afford an opportunity for presentation of
views (including oral presentation of views
where practicable) within a reasonable time before taking the action.