The Commission is revising its rules of practice and procedure regarding notices, motions, and information requests to provide specific rules for motions for reconsideration of ...
The Commission is revising its rules of practice and procedure regarding notices, motions, and information requests to provide specific rules for motions for reconsideration of final Commission orders.
DATES:
Effective August 19, 2022.
ADDRESSES:
For additional information, Order No. 6222 can be accessed electronically through the Commission's website at
https://www.prc.gov.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at 202-789-6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Basis and Purpose of Final Rules
III. Final Rules
I. Background
The Commission currently considers timely motions for reconsideration of its final orders to determine if those motions raise material errors of fact or
( printed page 43214)
law.[1]
However, there are no existing Commission rules specific to motions for reconsideration, including when such a motion should be considered timely. Movants file such motions citing to the Commission's general rule for motions, found in 39 CFR 3010.160, or the underlying rules governing the subject matter of the docket.
II. Basis and Purpose of Final Rules
The instant revisions provide rules specific to motions for reconsideration. These revised rules provide guidance with respect to the timing, content, and procedural requirements of these motions, as well as their effect on appellate deadlines, to facilitate public participation in Commission dockets, and to ensure finality of Commission orders.
III. Final Rules
The Commission adopts regulations in order to improve the clarity of its procedures by providing rules specific to motions for reconsideration.
(a) Any person may file a motion requesting reconsideration of a final order by the Commission.
(b) The motion shall be filed within 15 days of the issuance of the final order that is the subject of the motion and must:
(1) Briefly and specifically allege material errors of fact or law and the relief sought; and
(2) Be confined to new questions raised by the determination or action ordered and upon which the moving party had no prior opportunity to submit arguments.
(c) Upon filing a motion for reconsideration, the underlying Commission order is not deemed to be final for purposes of 39 U.S.C. 3663 until final disposition of the motion.
Erica A. Barker,
Secretary.
Footnotes
1.
See, e.g.,
Docket No. RM2020-9, Order Denying United Parcel Service, Inc.'s Motion for Reconsideration of Order No. 6048, January 28, 2022 (Order No. 6097).
Use this for formal legal and research references to the published document.
87 FR 43213
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Rules of Practice and Procedure,” thefederalregister.org (July 20, 2022), https://thefederalregister.org/documents/2022-15437/rules-of-practice-and-procedure.