[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: 18CFR286.102]

[Page 759-760]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 286_ADMINISTRATIVE PROCEDURES--Table of Contents
 
Sec. 286.102  Application for rehearing.

    (a) General rule. Any person aggrieved by any order or regulation or 
any amendment to a regulation issued under the NGPA and subject to 
judicial review under section 506(a) or (b) thereof shall file a 
petition for rehearing within 30 days after the order or regulation is 
issued by the Commission or February 3, 1979, whichever is later. There 
has not been an exhaustion of administrative remedies until a petition 
for rehearing has been filed under this section and the proceeding is 
complete by the denial of the request, or if rehearing is granted, an 
order affirming, modifying or revoking the challenged order or 
regulation is issued.
    (b) Specifications of error. The application for rehearing shall 
state clearly and concisely with respect to the challenged order or 
regulation:
    (1) The provision of the order or the regulation, by section, and 
where appropriate, by paragraph;
    (2) Applicant's interest in the particular provision; and
    (3) The facts and legal analysis upon which the request for 
rehearing is based.
    (c) Procedural requirements. Except as otherwise provided in this 
section, the procedures for rehearing in Sec. 385.713 of this chapter 
shall apply.
    (d) Commission action upon the application. (1) The Commission may 
grant the request for rehearing, in whole or in part, by issuing an 
order specifying the scope of rehearing. If, and to the extent that 
rehearing is granted, the Commission may request Staff, applicant or any 
other party to file briefs. In every case where rehearing is granted, 
the Commission will issue an order affirming, modifying or revoking the 
challenged order or regulation.
    (2) The Commission may modify the original order or regulation 
without further hearing.
    (3) Unless the Commission acts upon the application within 30 days 
after it is filed, such application shall be considered to have been 
denied. If the Commission grants rehearing in part,

[[Page 760]]

any part of the application outside the scope of the order granting 
rehearing shall be considered to have been denied.

[44 FR 2383, Jan. 11, 1979, as amended by Order 225, 47 FR 19058, May 3, 
1982]

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