42 U.S.C. § 7194 | Requests for adjustments

(a)

section 7191(a) of this title 15 U.S.C. 761 1

1 See References in Text note below.

15 U.S.C. 751 15 U.S.C. 791 42 U.S.C. 6201 2

2 So in original. Probably should be “recision”.

The Secretary or any officer designated by him shall provide for the making of such adjustments to any rule, regulation or order described in issued under the Federal Energy Administration Act [ et seq.], the Emergency Petroleum Allocation Act of 1973  [ et seq.], the Energy Supply and Environmental Coordination Act of 1974 [ et seq.], or the Energy Policy and Conservation Act [ et seq.], consistent with the other purposes of the relevant Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens, and shall by rule, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or recission  of, exception to, or exemption from, such rule, regulation or order. The Secretary or any such officer shall additionally insure that each decision on any application or petition requesting an adjustment shall specify the standards of hardship, inequity, or unfair distribution of burden by which any disposition was made, and the specific application of such standards to the facts contained in any such application or petition.

(b)

(1)

If any person is aggrieved or adversely affected by a denial of a request for adjustment under subsection (a) such person may request a review of such denial by the Commission and may obtain judicial review in accordance with this subchapter when such a denial becomes final.

(2)

section 704 of title 5 The Commission shall, by rule, establish appropriate procedures, including a hearing when requested, for review of a denial. Action by the Commission under this section shall be considered final agency action within the meaning of and shall not be subject to further review by the Secretary or any officer or employee of the Department. Litigation involving judicial review of such action shall be the responsibility of the Secretary.

Pub. L. 95–91, title V, § 504Aug. 4, 197791 Stat. 590(, , .)

Editorial Notes

References in Text

Pub. L. 93–275May 7, 197488 Stat. 96 section 761 of Title 15The Federal Energy Administration Act, referred to in subsec. (a), is , , , which is classified generally to chapter 16B (§ 761 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 93–159Nov. 27, 197387 Stat. 628 section 760g of Title 15Sept. 30, 1981The Emergency Petroleum Allocation Act of 1973, referred to in subsec. (a), is , , , which was classified generally to chapter 16A (§ 751 et seq.) of Title 15, and was omitted from the Code pursuant to , which provided for the expiration of the President’s authority under that chapter on .

Pub. L. 93–319June 22, 197488 Stat. 246 section 791 of Title 15The Energy Supply and Environmental Coordination Act of 1974, referred to in subsec. (a), is , , , which is classified principally to chapter 16C (§ 791 et seq.) of Title 15. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 94–163Dec. 22, 197589 Stat. 871 section 6201 of this titleThe Energy Policy and Conservation Act, referred to in subsec. (a), is , , , which is classified principally to chapter 77 (§ 6201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.