§ 51.320   Assumption of responsibility by the Commission.

   If a state commission fails to exercise its authority under § 51.319, any
   party seeking that the Commission step into the role of the state commission
   shall file with the Commission and serve on the state commission a petition
   that explains with specificity the bases for the petition and information
   that  supports  the claim that the state commission has failed to act.
   Subsequent  to the Commission's issuing a public notice and soliciting
   comments on the petition from interested parties, the Commission will rule
   on the petition within 90 days of the date of the public notice. If it
   agrees that the state commission has failed to act, the Commission will
   assume responsibility for the proceeding, and within nine months from the
   date it assumed responsibility for the proceeding, make any findings in
   accordance with the Commission's rules.

   [ 68 FR 52305 , Sept. 2, 2003]

   return arrow Back to Top