[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: 18CFR270.505]

[Page 719-720]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 270_DETERMINATION PROCEDURES--Table of Contents
 
   Subpart E_Commission Review of Jurisdictional Agency Determinations
 
Sec. 270.505  Procedure for reopening determinations.

    (a) Grounds. At any time subsequent to the time a determination 
becomes final pursuant to this subpart, the Commission, on its own 
motion, or in response to a petition filed by any person aggrieved or 
adversely affected by the determination, may reopen the determination if 
it appears that:
    (1) In making the determination, the Commission or the 
jurisdictional agency relied on any untrue statement of material fact; 
or
    (2) There was omitted a statement of material fact necessary in 
order to make the statements made not misleading, in light of the 
circumstances under which they were made to the jurisdictional agency or 
the Commission.
    (b) Contents of petition. A petition to reopen the determination 
proceedings must contain the following information, under oath:
    (1) The name and address of the person filing the petition;
    (2) The interest of the petitioner in the outcome of the 
determination proceeding;
    (3) The statement of material fact that is alleged to be untrue or 
omitted;
    (4) A statement explaining why the outcome of the determination 
proceeding would have been different had the statement or omission not 
occurred; and
    (5) Copies of all documents relied on by the petitioner, or 
references to such documents if they are contained in the public files 
of the Commission.
    (c) Procedures after reopening. In the event the Commission reopens 
a determination pursuant to this section it will:
    (1) Give notice to the jurisdictional agency and all persons who 
participated before both that agency and the Commission in the 
proceedings resulting in the determination in question;

[[Page 720]]

    (2) Permit the jurisdictional agency and other persons receiving 
notice pursuant to paragraph (c)(1) of this section to submit whatever 
documentary evidence such agency or persons deem relevant; and
    (3) Take such other action or hold or cause to be held such 
proceedings as it deems necessary or appropriate for a full disclosure 
of the facts.
    (d) Final order of Commission. Within 150 days after issuance of the 
notice under paragraph (c)(1) of this section, the Commission shall 
issue a final order. If the Commission finds that the grounds referred 
to in paragraph (a) of this section exist, it will vacate the 
determination.