Page:United States Statutes at Large Volume 91.djvu/619

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PUBLIC LAW 95-000—MMMM. DD, 1977

PUBLIC LAW 9 5 - 9 1 — A U G. 4, 1977 (d) The Commission shall have jurisdiction to hear and determine any other matter arising under any other function of the Secretary— (1) involving any agency determination required by law to be made on the record after an opportunity for an agency h e a r i n g; or (2) involving any other agency determination which the Secretary determines shall be made on the record after an opportunity for an agency hearing, except that nothing in this subsection shall require that functions under sections 105 and 106 of the Energy Policy and Conservation Act shall be within the jurisdiction of the Commission unless the Secretary assigns such a function to the Commission. (e) I n addition to the other provisions of this section, the Commission shall have jurisdiction over any other matter which the Secretary may assign to the Commission after public notice, or which are required to be referred to the Commission pursuant to section 404 of this Act. (f) No function described in this section which regulates the exports or imports of natural gas or electricity shall be within the jurisdiction of the Commission unless the Secretary assigns such a function to the Commission. (g) The decision of the Commission involving any function within its jurisdiction, other than action by it on a matter referred to it pursuant to section 404, shall be final agency action within the meaning of section 704 of title 5, United States Code, and shall not be subject to further review by the Secretary or any officer or employee of the Department. (h) The Commission is authorized to prescribe rules, regulations, and statements of policy of general applicability with respect to any function under the jurisdiction of the Commission pursuant to section 402.

91 STAT. 585 Hearing,

42 USC 6213, 6214. Notice.

Limitation.

Review, limitation.

Rules, regulations, and statements of policy.

I N I T I A T I O N OF RULEMAKING PROCEEDINGS BEFORE COMMISSION

SEC. 403. (a) 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 402 of this Act. (b) 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) Any function described in section 402 of this Act which relates to the establishment of rates and charges under the Federal Power Act or the Xatural Gas Act, 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) W i t h 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 Xatural Gas Act, 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.

42 USC 7173.

,

16 USC 791a. 15 USC 717w.

Written questions and responses,