42 USC § 7173 - Initiation of rulemaking procedures before Commission

---
identifier: "/us/usc/t42/s7173"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 7173 - Initiation of rulemaking procedures before Commission"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "7173"
section_name: "Initiation of rulemaking procedures before Commission"
chapter_number: 84
chapter_name: "DEPARTMENT OF ENERGY"
subchapter_number: "IV"
subchapter_name: "FEDERAL ENERGY REGULATORY COMMISSION"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 95–91, title IV, § 403, Aug. 4, 1977, 91 Stat. 585.)"
---


# § 7173. Initiation of rulemaking procedures before Commission

**(a)** **Proposal of rules, regulations, and statements of policy of general applicability by Secretary and Commission** section 7172 of this title

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 .

**(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** section 7172 of this title16 U.S.C. 791a15 U.S.C. 717

Any function described in  which relates to the establishment of rates and charges under the Federal Power Act [ et seq.] or the Natural Gas Act [ 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** 15 U.S.C. 717

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 [ 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.

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

## Editorial Notes

### References in Text

The Federal Power Act, referred to in subsec. (c), is , , which is classified generally to chapter 12 (§ 791a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see  and Tables.

The Natural Gas Act, referred to in subsecs. (c) and (d), is , , 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  and Tables.