42 Usc 7178

§ 7175

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-

Page 6126

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.