Scheme Nickname: 
Petitions for adjustments under NGPA

Informal proceedings in which a petitioner make seek an adjustment or waiver of NRC rules or order under specified provisions under the Natural Gas Policy Act (NGPA). (18 CFR Part 385, Subpart K). Burden is on the petitioner to demonstrate special hardship, inequity, or unfair distribution of burdens. The Director of the Office of Producer and Pipeline Regulation (or his/her designee), after evaluating the record and conducting an "informal conference" (if convened by the NRC presiding official), issues a written initial decision and order. Reviews (i.e., appeals) may be taken from initial decisions by parties if petition denied in whole or in part, or the Commission (on its own motion) may direct review of orders. Appeal procedures are set forth in Subpart J, with the exception that NRC staff (rather than the DOE Secretary) may participate in the review/appeal proceedings on denials of petition, and the presiding officer is designated by the NRC General Counsel. Final appeal decisions are issued by the Commission after review of certified record from the presiding officer. (See 18 CFR 385.1110 (review of initial decisions invoking subpart J), 375.309(e) (delegation of authority).

Types of Adjudication: 
Resources & Articles: 
FERC Adjustment Process under NGPA 502(c): 1 Energy Law Journal 79 (1980)
Verified by Agency: 
Is this a Major Adjudication: