§ 767. — Transitional and savings provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC767]
TITLE 15--COMMERCE AND TRADE
CHAPTER 16B--FEDERAL ENERGY ADMINISTRATION
SUBCHAPTER I--FEDERAL ENERGY ADMINISTRATION
Sec. 767. Transitional and savings provisions
(a) Continuance of effective status
All orders, determinations, rules, regulations, permits, contracts,
certificates, licenses, and privileges--
(1) which have been issued, made, granted, or allowed to become
effective by the President, by any Federal department or agency or
official thereof, or by a court of competent jurisdiction, in the
performance of functions which are transferred under this chapter,
and
(2) which are in effect at the time this chapter takes effect,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked by the President, the
Administrator, other authorized officials, a court of competent
jurisdiction, or by operation of law.
(b) Pending proceedings; orders, appeals, payments
This chapter shall not affect any proceeding pending, at the time
this chapter takes effect, before any department or agency (or component
thereof) regarding functions which are transferred by this chapter; but
such proceedings, to the extent that they relate to functions so
transferred, shall be continued. Orders shall be issued in such
proceedings, appeals (except as provided in section 766(i)(2) of this
title) shall be taken therefrom, and payments shall be made pursuant to
such orders, as if this chapter had not been enacted; and orders issued
in any such proceedings shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized official, by a
court of competent jurisdiction, or by operation of law. Nothing in this
subsection shall be deemed to prohibit the discontinuance or
modification of any such proceeding under the same terms and conditions,
and to the same extent, that such proceeding could have been
discontinued if this chapter had not been enacted.
(c) Commencement of suits before effective date
Except as provided in subsection (e) of this section--
(1) the provisions of this chapter shall not affect suits
commenced prior to the date this chapter takes effect, and
(2) in all such suits proceedings shall be had, appeals taken,
and judgments rendered, in the same manner and effect as if this
chapter had not been enacted.
(d) Litigation; abatement prohibition; Federal parties
No suit, action, or other proceeding commenced by or against any
officer in his official capacity as an officer of any department or
agency, functions of which are transferred by this chapter, shall abate
by reason of the enactment of this chapter. No cause of action by or
against any department or agency, functions of which are transferred by
this chapter, or by or against any officer thereof in his official
capacity shall abate by reason of the enactment of this chapter. Causes
of actions, suits, actions, or other proceedings may be asserted by or
against the United States or such official as may be appropriate and, in
any litigation pending when this chapter takes effect, the court may at
any time, on its own motion or that of any party, enter any order which
will give effect to the provisions of this section.
(e) Substitution of parties
If, before the date on which this chapter takes effect, any
department or agency, or officer thereof in his official capacity, is a
party to a suit, and under this chapter any function of such department,
agency, or officer is transferred to the Administrator, or any other
official, then such suit shall be continued as if this chapter had not
been enacted, with the Administrator, or other official as the case may
be, substituted.
(f) Judicial review; other requirements respecting notices, hearings,
action upon record, and administrative review; conflicting
provisions
Final orders and actions of any official or component in the
performance of functions transferred by this chapter shall be subject to
judicial review to the same extent and in the same manner as if such
orders or actions had been made or taken by the officer, department,
agency, or instrumentality in the performance of such functions
immediately preceding the effective date of this chapter. Any statutory
requirements relating to notices, hearings, action upon the record, or
administrative review that apply to any function transferred or
delegated by this chapter shall apply to the performance of those
functions by the Administrator, or any officer or component of the
Administration. In the event of any inconsistency between the provisions
of this subsection and section 766 of this title, the provisions of
section 766 of this title shall govern.
(g) References in other laws deemed references to transferee offices or
officers
With respect to any function transferred by this chapter and
performed after the effective date of this chapter, reference in any
other law to any department or agency, or any officer or office, the
functions of which are so transferred, shall be deemed to refer to the
Administration, Administrator, or other office or officers in which this
chapter vests such functions.
(h) Presidential functions, authorities, and delegations unaffected
Nothing contained in this chapter shall be construed to limit,
curtail, abolish, or terminate any function of the President which he
had immediately before the effective date of this chapter; or to limit,
curtail, abolish, or terminate his authority to perform such function;
or to limit, curtail, abolish, or terminate his authority to delegate,
redelegate, or terminate any delegations of functions.
(i) References to other provisions deemed references to such provisions
as amended or supplemented
Any reference in this chapter to any provision of law shall be
deemed to include, as appropriate, references thereto as now or
hereafter amended or supplemented.
(Pub. L. 93-275, Sec. 8, May 7, 1974, 88 Stat. 103.)
Transfer of Functions
Federal Energy Administration terminated and functions vested by law
in Administrator thereof transferred to Secretary of Energy (unless
otherwise specifically provided) by sections 7151(a) and 7293 of Title
42, The Public Health and Welfare.
