10 CFR 851.6 – Petitions for generally applicable rulemaking
(a) Right to file. Any person may file a petition for generally applicable rulemaking to amend or interpret provisions of this part.
Terms Used In 10 CFR 851.6
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
(b) How to file. Any person who wants to file a petition for generally applicable rulemaking pursuant to this section must file by mail or messenger in an envelope addressed to the Office of General Counsel, GC-1, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585.
(c) Content of rulemaking petitions. A petition under this section must:
(1) Be labeled “Petition for Rulemaking Under 10 CFR 851;”
(2) Describe with particularity the provision of this part to be amended and the text of regulatory language to be added; and
(3) Explain why, if relevant, DOE should not choose to make policy by precedent through adjudication of petitions for assessment of civil penalty.
(d) Determinations upon rulemaking petitions. After considering the petition and other information DOE deems relevant, DOE may grant the petition and issue an appropriate rulemaking notice, or deny the petition because the rule being sought:
(1) Would be inconsistent with statutory law;
(2) Would establish a generally applicable policy in a subject matter area that should be left to case-by-case determinations; or
(3) For other good cause.