18 Cfr 385.2013-14

Federal Energy Regulatory Commission
U.S. Courts of Appeals, the Commission will forward copies of those petitions to the Judicial Panel on Multidistrict Litigation pursuant to 28 U.S.C.
2112(a).

§ 385.2014 Petitions for appeal or review of Federal authorizations
(Rule 2014).

(a) For each Federal authorization—
i.e., permit, special use authorization,
certification, concurrence, opinion, or
other approval—required under Federal
law with respect to a natural gas
project for which an application has
been filed under section 3 of the Natural Gas Act for a certificate of public
convenience and necessity under section 7 of the Natural Gas Act, each
Federal agency or officer, or State
agency or officer acting pursuant to
delegated Federal authority, responsible for a Federal authorization must
file with the Commission within 30
days of the date of receipt of a request
for a Federal authorization, notice of
the following:
(1) Whether the application is ready
for processing, and if not, what additional information or materials will be
necessary to assess the merits of the
request;
(2) The time the agency or official
will allot the applicant to provide the
necessary additional information or
materials;
(3) What, if any, studies will be necessary in order to evaluate the request;
(4) The anticipated effective date of
the agency’s or official’s decision; and
(5) If applicable, the schedule set by
Federal law for the agency or official
to act.
(b) A Federal agency or officer, or
State agency or officer acting pursuant
to delegated Federal authority, considering a request for a Federal authorization that submits a data request to an
applicant must file a copy of the data
request with the Commission within 10
business days.

(a) For each Federal authorization—
i.e., permit, special use authorization,
certification, concurrence, opinion, or
other approval—required under Federal
law with respect to a natural gas
project for which an application has
been filed for authorization under section 3 of the Natural Gas Act for a certificate of public convenience and necessity under section 7 of the Natural
Gas Act, the Federal agency or officer,
or State agency or officer acting pursuant to delegated Federal authority, responsible for each Federal authorization must file with the Commission
within 30 days of the effective date of a
final decision or action on a request for
a Federal authorization or the expiration of the time provided by the Commission or by Federal law for a final
decision or action, the following:
(1) A copy of any final decision or action;
(2) An index identifying all documents and materials—including pleadings, comments, evidence, exhibits,
testimony, project alternatives, studies, and maps—relied upon by the agency or official in reaching a decision or
action; and
(3) The designation ‘‘Consolidated
Record’’ and the docket number for the
Commission proceeding applicable to
the requested Federal authorization.
(b) The agencies’ and officers’ decisions, actions, and indices, and the
Commission’s record in each proceeding, constitute the complete consolidated record. The original documents and materials that make up the
complete consolidated record must be
retained by agencies, officers, and the
Commission for at least three years
from the effective date of a decision or
action or until an appeal or review is
concluded.
(c) Upon appeal or review of a Federal authorization, agencies, officers,
and the Commission will transmit to
the reviewing authority, as requested,
documents and materials that constitute the complete consolidated
record.

[Order 687, 71 FR 62921, Oct. 27, 2006]

[Order 687, 71 FR 62921, Oct. 27, 2006]

[Order 504, 53 FR 37546, Sept. 27, 1988, as
amended by Order 737, 75 FR 43405, July 26,
2010]

§ 385.2013 Notification of requests for
Federal authorizations and requests for further information
(Rule 2013).

erowe on DSK2VPTVN1PROD with CFR

§ 385.2014

1193

VerDate Mar<15>2010

11:37 May 24, 2012

Jkt 226058

PO 00000

Frm 01203

Fmt 8010

Sfmt 8010

Y:\SGML\226058.XXX

226058