US FERC 18 CFR 385.207 Petitions: Declaratory Orders Guide

Key Takeaways

• Rule 207 (18 CFR 385.207) governs petitions for declaratory orders to resolve controversy or uncertainty.
• A fee is required, as prescribed in 18 CFR 381.302(a), for declaratory order petitions.
• Declarations of intent under FPA Section 23(b) are treated as Rule 207 petitions.
• Rule 207 covers appeals of staff action under Rule 1902.

Understanding 18 CFR 385.207 Petitions for Declaratory Orders

Rule 207, codified as 18 CFR 385.207, outlines the requirements for filing petitions with the Federal Energy Regulatory Commission (FERC). This rule is part of the "RULES OF PRACTICE AND PROCEDURE" under Part 385. You can use this process to seek a declaratory order or rule. The primary purpose of such an order is to "terminate a controversy or remove uncertainty."

Scope of Petitions Under Rule 207

Beyond resolving specific controversies, a petition under 18 CFR 385.207 can also address "A rule of general applicability." It may also cover "Any other action which is in the discretion of the Commission and for which this chapter prescribes no other form of pleading." This means that if no other specific procedure exists for a particular discretionary action by the Commission, Rule 207 may apply.

Related Statutory Provisions and Actions

Rule 207 also addresses specific related actions. For instance, "a declaration of intent under section 23(b) of the Federal Power Act is treated as a petition for a declaratory order." This integrates certain Federal Power Act (FPA) declarations into the Rule 207 framework. Additionally, the rule covers "staff action, other than a decision or ruling of a presiding officer, under Rule 1902." This allows for the review of certain staff decisions through the petition process.

Filing Fee Requirements

When you file a petition for a declaratory order, it must include a fee. Specifically, "each petition for issuance of a declaratory order must be accompanied by the fee prescribed in § 381.302(a)." This fee is a statutory requirement for the petition to be considered.

Historical Context of Rule 207

The current text of 18 CFR 385.207 has been shaped by various orders. Key promulgations include "Order 225, 47 FR 19022, May 3, 1982" and "Order 395, 49 FR 35357, Sept. 7, 1984." These orders reflect the evolution of FERC's procedural rules.