§ 385.1101 Applicability (Rule 1101).

(a) Proceedings to which applicable. Except as provided in paragraph (b) of this section, this subpart applies to proceedings of the Commission held in accordance with section 502(c) of the NGPA to provide for adjustments of: (1) Commission rules, and (2) Commission orders having the applicability and effect of a rule as defined in section 551(4) of title 5 of the United States Code (5 U.S.C. 551(4)) and issued under the NGPA, except orders issued under sections 301, 302, and 303 of the NGPA. (b) This subpart does not apply to: (1) Proceedings wherein the Commission by order grants an adjustment on its own motion or; (2) Proceedings for which the Commission by order waives the provision of this subpart. (c) Relationship to other rules. (1) Where a provision of this subpart is inconsistent with a provision in another subpart of this part, the former provision controls. (2) When provisions of other subparts of this part require Commission action, such provisions as applied under this subpart shall be deemed to require staff action. This subpart does not require a hearing to which subpart E applies. (d) Sunsetting provisions. This section shall cease to have effect on December 5, 2026, unless the Commission determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The Commission will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly.