15 USC 717o

§ 717o

TITLE 15—COMMERCE AND TRADE

lished by the Commission, the applicant may
pursue remedies under section 717r(d) of this
title.
(d) Consolidated record
The Commission shall, with the cooperation of
Federal and State administrative agencies and
officials, maintain a complete consolidated
record of all decisions made or actions taken by
the Commission or by a Federal administrative
agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to any Federal authorization. Such record shall be the record for—
(1) appeals or reviews under the Coastal
Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.), provided that the record may be supplemented as expressly provided pursuant to section 319 of that Act [16 U.S.C. 1465]; or
(2) judicial review under section 717r(d) of
this title of decisions made or actions taken of
Federal and State administrative agencies and
officials, provided that, if the Court determines that the record does not contain sufficient information, the Court may remand the
proceeding to the Commission for further development of the consolidated record.
(e) Hearings; parties
Hearings under this chapter may be held before the Commission, any member or members
thereof, or any representative of the Commission designated by it, and appropriate records
thereof shall be kept. In any proceeding before
it, the Commission in accordance with such
rules and regulations as it may prescribe, may
admit as a party any interested State, State
commission, municipality or any representative
of interested consumers or security holders, or
any competitor of a party to such proceeding, or
any other person whose participation in the proceeding may be in the public interest.
(f) Procedure
All hearings, investigations, and proceedings
under this chapter shall be governed by rules of
practice and procedure to be adopted by the
Commission, and in the conduct thereof the
technical rules of evidence need not be applied.
No informality in any hearing, investigation, or
proceeding or in the manner of taking testimony shall invalidate any order, decision, rule,
or regulation issued under the authority of this
chapter.
(June 21, 1938, ch. 556, § 15, 52 Stat. 829; Pub. L.
109–58, title III, § 313(a), Aug. 8, 2005, 119 Stat.
688.)
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (b)(1), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally
to chapter 55 (§ 4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The Coastal Zone Management Act of 1972, referred to
in subsec. (d)(1), is title III of Pub. L. 89–454, as added
by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified generally to chapter 33 (§ 1451 et
seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set
out under section 1451 of Title 16 and Tables.

Page 1086
AMENDMENTS

2005—Pub. L. 109–58 substituted ‘‘Process coordination; hearings; rules of procedure’’ for ‘‘Hearings; rules
of procedure’’ in section catchline, added subsecs. (a) to
(d), and redesignated former subsecs. (a) and (b) as (e)
and (f), respectively.

§ 717o. Administrative powers of Commission;
rules, regulations, and orders
The Commission shall have power to perform
any and all acts, and to prescribe, issue, make,
amend, and rescind such orders, rules, and regulations as it may find necessary or appropriate
to carry out the provisions of this chapter.
Among other things, such rules and regulations
may define accounting, technical, and trade
terms used in this chapter; and may prescribe
the form or forms of all statements, declarations, applications, and reports to be filed with
the Commission, the information which they
shall contain, and the time within which they
shall be filed. Unless a different date is specified
therein, rules and regulations of the Commission shall be effective thirty days after publication in the manner which the Commission shall
prescribe. Orders of the Commission shall be effective on the date and in the manner which the
Commission shall prescribe. For the purposes of
its rules and regulations, the Commission may
classify persons and matters within its jurisdiction and prescribe different requirements for different classes of persons or matters. All rules
and regulations of the Commission shall be filed
with its secretary and shall be kept open in convenient form for public inspection and examination during reasonable business hours.
(June 21, 1938, ch. 556, § 16, 52 Stat. 830.)
§ 717p. Joint boards
(a) Reference of matters to joint boards; composition and power
The Commission may refer any matter arising
in the administration of this chapter to a board
to be composed of a member or members, as determined by the Commission, from the State or
each of the States affected or to be affected by
such matter. Any such board shall be vested
with the same power and be subject to the same
duties and liabilities as in the case of a member
of the Commission when designated by the Commission to hold any hearings. The action of such
board shall have such force and effect and its
proceedings shall be conducted in such manner
as the Commission shall by regulations prescribe. The Board shall be appointed by the
Commission from persons nominated by the
State commission of each State affected, or by
the Governor of such State if there is no State
commission. Each State affected shall be entitled to the same number of representatives on
the board unless the nominating power of such
State waives such right. The Commission shall
have discretion to reject the nominee from any
State, but shall thereupon invite a new nomination from that State. The members of a board
shall receive such allowances for expenses as the
Commission shall provide. The Commission
may, when in its discretion sufficient reason exists therefor, revoke any reference to such a
board.