CFR > Title 18 - Conservation of Power and Water Resources > CHAPTER I—FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY > SUBCHAPTER X—PROCEDURAL RULES (parts 385 to 391) > PART 385—RULES OF PRACTICE AND PROCEDURE > SUBPART K—Petitions for Adjustments Under the NGPA (§385.1101 to §385.1117) > 385.1101—Applicability (Rule 1101).

385.1101—Applicability (Rule 1101).

(a) Proceedings to which applicable. Except as provided in paragraph (b) of this section, this subpart applies to proceedings of the Commission held in accordance with section 502(c) of the NGPA to provide for adjustments of:
(1) Commission rules, and
(2) Commission orders having the applicability and effect of a rule as defined in section 551(4) of title 5 of the United States Code (5 U.S.C. 551(4)) and issued under the NGPA, except orders issued under sections 301, 302, and 303 of the NGPA.
(b) This subpart does not apply to:
(1) Proceedings wherein the Commission by order grants an adjustment on its own motion or;
(2) Proceedings for which the Commission by order waives the provision of this subpart.
(c) Relationship to other rules. (1) Where a provision of this subpart is inconsistent with a provision in another subpart of this part, the former provision controls.
(2) When provisions of other subparts of this part require Commission action, such provisions as applied under this subpart shall be deemed to require staff action. This subpart does not require a hearing to which subpart E applies.

Code of Federal Regulations

[Order 225, 47 FR 19022, May 3, 1982, as amended by Order 478, 52 FR 28467, July 30, 1987]