---
kind: "section"
citation: "42 U.S.C. § 7173"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7173"
heading: "Initiation of rulemaking procedures before Commission"
release: "119-102"
url: "https://uscodex.org/usc/42/7173"
units:
  - "Chapter 84 — Department of Energy"
  - "Subchapter IV — Federal Energy Regulatory Commission"
---

# §7173. Initiation of rulemaking procedures before Commission

- (a) **Proposal of rules, regulations, and statements of policy of general applicability by Secretary and Commission—** The [Secretary](/usc/42/242q–4.md?p=2) and the [Commission](/usc/42/2000ff.md?p=1) are authorized to propose rules, regulations, and statements of policy of general applicability with respect to any function within the jurisdiction of the [Commission](/usc/42/2000ff.md?p=1) under [section 7172 of this title](/usc/42/7172.md).
- (b) **Consideration and final action on proposals of Secretary—** The [Commission](/usc/42/2000ff.md?p=1) shall have exclusive jurisdiction with respect to any proposal made under [subsection (a)](#a), and shall consider and take final action on any proposal made by the [Secretary](/usc/42/242q–4.md?p=2) under such subsection in an expeditious manner in accordance with such reasonable time limits as may be set by the [Secretary](/usc/42/242q–4.md?p=2) for the completion of action by the [Commission](/usc/42/2000ff.md?p=1) 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](/usc/42/7172.md) which relates to the establishment of rates and charges under the Federal Power Act [[16 U.S.C. 791a](/usc/16/791a.md) et seq.] or the Natural Gas Act [[15 U.S.C. 717](/usc/15/717.md) et seq.], may be conducted by rulemaking procedures. Except as provided in [subsection (d)](#d), the procedures in such a rulemaking proceeding shall assure full consideration of the issues and an opportunity for interested [persons](/usc/42/1320a–7k.md?p=d-4-C-i) to present their views.
- (d) **Submission of written questions by interested persons—** With respect to any rule or regulation promulgated by the [Commission](/usc/42/2000ff.md?p=1) 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](/usc/15/717.md) et seq.], the [Commission](/usc/42/2000ff.md?p=1) may afford any interested [person](/usc/42/1320a–7k.md?p=d-4-C-i) a reasonable opportunity to submit written questions with respect to disputed issues of fact to other interested [persons](/usc/42/1320a–7k.md?p=d-4-C-i) participating in the rulemaking proceedings. The [Commission](/usc/42/2000ff.md?p=1) may establish a reasonable time for both the submission of questions and responses thereto.

## Source credit

(Pub. L. 95–91, title IV, § 403, Aug. 4, 1977, 91 Stat. 585.)

## Notes

### 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.