[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR2.1a]

[Page 16-17]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 2_GENERAL POLICY AND INTERPRETATIONS--Table of Contents
 
Sec. 2.1a  Public suggestions, comments, proposals on substantial 
prospective regulatory issues and problems.

    (a) The Commission by this policy statement explicitly encourages 
the public, including those persons subject to regulation by the 
Commission, to submit suggestions, comments, or proposals concerning 
substantial prospective regulatory policy issues and problems, the 
resolution of which will have a substantial impact upon those regulated 
by the Commission or others affected by the Commission's activities. 
This policy is intended to serve as a means of advising the Commission 
on a timely basis of potential significant issues and problems which may 
come before it in the course of its activities and to permit the 
Commission an early opportunity to consider argument regarding policy 
questions and administrative reforms in a general context rather than in 
the course of individual proceedings.
    (b) Upon receipt of suggestions, comments, or proposals pursuant to 
paragraph (a) of this section, the Commission shall review the matters 
raised and take whatever action is deemed necessary with respect to the 
filing, including, but not limited to, requesting further information 
from the filing

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party, the public, or the staff, or prescribing an informal public 
conference for initial discussion and consultation with the Commission, 
a Commissioner, or the Staff, concerning the matter(s) raised. In the 
absence of a notice of proposed rulemaking, any conferences or 
procedures undertaken pursuant to this section shall not be deemed by 
the Commission as meeting the requirements of the Administrative 
Procedure Act with respect to notice of rulemakings, but are to be 
utilized by the Commission as initial discussions for advice as a means 
of determining the need for Commission action, investigation or study 
prior to the issuance of a notice of proposed rulemaking to the extent 
required by the Administrative Procedure Act, 5 U.S.C. 553.
    (c) [Reserved]
    (d) A person may not invoke this policy as a means of advocating ex 
parte before the Commission a position in a proceeding pending at the 
Commission and any such filing will be rejected. Comments must relate to 
general conditions in industry or the public or policies or practices of 
the Commission which may need reform, review, or initial consideration 
by the Commission.

[Order No. 547, 41 FR 15004, Apr. 9, 1976, as amended by Order 225, 47 
FR 19054, May 3, 1982]