42 USC § 7174 - Referral of other rulemaking proceedings to Commission

---
identifier: "/us/usc/t42/s7174"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 7174 - Referral of other rulemaking proceedings to Commission"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "7174"
section_name: "Referral of other rulemaking proceedings to 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, § 404, Aug. 4, 1977, 91 Stat. 586.)"
---


# § 7174. Referral of other rulemaking proceedings to Commission

**(a)** **Notification of Commission of proposed action; public comment** section 7173 of this titlesection 7151 of this titlesection 60501 of title 49section 60502 of title 49

Except as provided in , whenever the Secretary proposes to prescribe rules, regulations, and statements of policy of general applicability in the exercise of any function which is transferred to the Secretary under  or , he shall notify the Commission of the proposed action. If the Commission, in its discretion, determines within such period as the Secretary may prescribe, that the proposed action may significantly affect any function within the jurisdiction of the Commission pursuant to section 7172(a)(1) and (c)(1) of this title and , the Secretary shall immediately refer the matter to the Commission, which shall provide an opportunity for public comment.

**(b)** **Recommendations of Commission; publication** Following such opportunity for public comment the Commission, after consultation with the Secretary, shall either—

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.

**(1)** concur in adoption of the rule or statement as proposed by the Secretary;

**(2)** concur in adoption of the rule or statement only with such changes as it may recommend; or

**(3)** recommend that the rule or statement not be adopted.

**(c)** **Options of Secretary; final agency action** Following publication of the Commission’s recommendations the Secretary shall have the option of—

The action taken by the Secretary pursuant to this subsection shall constitute a final agency action for purposes of section 704 of title 5.

**(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);

**(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); or

**(3)** ordering that the rule shall not be issued.

---

**Source Credit**: (Pub. L. 95–91, title IV, § 404, Aug. 4, 1977, 91 Stat. 586.)

## Editorial Notes

### Codification

In subsec. (a), “” substituted for reference to section 306 of this Act, meaning  [], and “” substituted for reference to section 402(b), meaning  [] on authority of , , , the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.