15 U.S.C. § 717r — Rehearing and review

Page 1199 TITLE 15—COMMERCE AND TRADE § 717r ‘‘Chapter 51 and subchapter III of chapter 53 of title 5’’ substituted in text for ‘‘the Classification Act of 1949, as amended’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which en- acted Title 5. AMENDMENTS 1949—Act Oct. 28, 1949, substituted ‘‘Classification Act of 1949’’ for ‘‘Classification Act of 1923’’. Statutory Notes and Related Subsidiaries REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. § 717r. Rehearing and review (a) Application for rehearing; time Any person, State, municipality, or State commission aggrieved by an order issued by the Commission in a proceeding under this chapter to which such person, State, municipality, or State commission is a party may apply for a re- hearing within thirty days after the issuance of such order. The application for rehearing shall set forth specifically the ground or grounds upon which such application is based. Upon such application the Commission shall have power to grant or deny rehearing or to abrogate or mod- ify its order without further hearing. Unless the Commission acts upon the application for re- hearing within thirty days after it is filed, such application may be deemed to have been denied. No proceeding to review any order of the Com- mission shall be brought by any person unless such person shall have made application to the Commission for a rehearing thereon. Until the record in a proceeding shall have been filed in a court of appeals, as provided in subsection (b), the Commission may at any time, upon reason- able notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it under the provisions of this chapter. (b) Review of Commission order Any party to a proceeding under this chapter aggrieved by an order issued by the Commission in such proceeding may obtain a review of such order in the court of appeals of the United States for any circuit wherein the natural-gas company to which the order relates is located or has its principal place of business, or in the United States Court of Appeals for the District of Columbia, by filing in such court, within sixty days after the order of the Commission upon the application for rehearing, a written pe- tition praying that the order of the Commission be modified or set aside in whole or in part. A copy of such petition shall forthwith be trans- mitted by the clerk of the court to any member of the Commission and thereupon the Commis- sion shall file with the court the record upon which the order complained of was entered, as provided in section 2112 of title 28. Upon the fil- ing of such petition such court shall have juris- diction, which upon the filing of the record with it shall be exclusive, to affirm, modify, or set aside such order in whole or in part. No objec- tion to the order of the Commission shall be considered by the court unless such objection shall have been urged before the Commission in the application for rehearing unless there is rea- sonable ground for failure so to do. The finding of the Commission as to the facts, if supported by substantial evidence, shall be conclusive. If any party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such addi- tional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the proceedings before the Commis- sion, the court may order such additional evi- dence to be taken before the Commission and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Commission may modify its findings as to the facts by reason of the addi- tional evidence so taken, and it shall file with the court such modified or new findings, which is supported by substantial evidence, shall be conclusive, and its recommendation, if any, for the modification or setting aside of the original order. The judgment and decree of the court, af- firming, modifying, or setting aside, in whole or in part, any such order of the Commission, shall be final, subject to review by the Supreme Court of the United States upon certiorari or certifi- cation as provided in section 1254 of title 28. (c) Stay of Commission order The filing of an application for rehearing under subsection (a) shall not, unless specifi- cally ordered by the Commission, operate as a stay of the Commission’s order. The commence- ment of proceedings under subsection (b) of this section shall not, unless specifically ordered by the court, operate as a stay of the Commission’s order. (d) Judicial review (1) In general The United States Court of Appeals for the circuit in which a facility subject to section 717b of this title or section 717f of this title is proposed to be constructed, expanded, or oper- ated shall have original and exclusive jurisdic- tion over any civil action for the review of an order or action of a Federal agency (other than the Commission) or State administrative agency acting pursuant to Federal law to issue, condition, or deny any permit, license, concurrence, or approval (hereinafter collec- tively referred to as ‘‘permit’’) required under Federal law, other than the Coastal Zone Man- agement Act of 1972 (16 U.S.C. 1451 et seq.). (2) Agency delay The United States Court of Appeals for the District of Columbia shall have original and exclusive jurisdiction over any civil action for the review of an alleged failure to act by a Federal agency (other than the Commission) or State administrative agency acting pursu- ant to Federal law to issue, condition, or deny any permit required under Federal law, other than the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), for a facility subject to section 717b of this title or section 717f of this title. The failure of an agency to take action on a permit required under Federal law, other than the Coastal Zone Management Act of 1972, in accordance with the Commission Page 1200 TITLE 15—COMMERCE AND TRADE § 717s schedule established pursuant to section 717n(c) of this title shall be considered incon- sistent with Federal law for the purposes of paragraph (3). (3) Court action If the Court finds that such order or action is inconsistent with the Federal law governing such permit and would prevent the construc- tion, expansion, or operation of the facility subject to section 717b of this title or section 717f of this title, the Court shall remand the proceeding to the agency to take appropriate action consistent with the order of the Court. If the Court remands the order or action to the Federal or State agency, the Court shall set a reasonable schedule and deadline for the agen- cy to act on remand. (4) Commission action For any action described in this subsection, the Commission shall file with the Court the consolidated record of such order or action to which the appeal hereunder relates. (5) Expedited review The Court shall set any action brought under this subsection for expedited consider- ation. (June 21, 1938, ch. 556, § 19, 52 Stat. 831; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791, § 19, Aug. 28, 1958, 72 Stat. 947; Pub. L. 109–58, title III, § 313(b), Aug. 8, 2005, 119 Stat. 689.) Editorial Notes REFERENCES IN TEXT The Coastal Zone Management Act of 1972, referred to in subsec. (d)(1), (2), is title III of Pub. L. 89–454, as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, which is classified generally to chapter 33 (§ 1451 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1451 of Title 16 and Tables. CODIFICATION In subsec. (b), ‘‘section 1254 of title 28’’ substituted for ‘‘sections 239 and 240 of the Judicial Code, as amend- ed [28 U.S.C. 346, 347]’’ on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Procedure. AMENDMENTS 2005—Subsec. (d). Pub. L. 109–58 added subsec. (d). 1958—Subsec. (a). Pub. L. 85–791, § 19(a), inserted sen- tence providing that until record in a proceeding has been filed in a court of appeals, Commission may mod- ify or set aside any finding or order issued by it. Subsec. (b). Pub. L. 85–791, § 19(b), in second sentence, substituted ‘‘transmitted by the clerk of the court to’’ for ‘‘served upon’’, substituted ‘‘file with the court’’ for ‘‘certify and file with the court a transcript of’’, and in- serted ‘‘as provided in section 2112 of title 28’’, and, in third sentence, substituted ‘‘petition’’ for ‘‘transcript’’, and ‘‘jurisdiction, which upon the filing of the record with it shall be exclusive’’ for ‘‘exclusive jurisdiction’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted ‘‘court of appeals’’ for ‘‘circuit court of appeals’’ wherever appearing. § 717s. Enforcement of chapter (a) Action in district court for injunction Whenever it shall appear to the Commission that any person is engaged or about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this chapter, or of any rule, regulation, or order thereunder, it may in its discretion bring an ac- tion in the proper district court of the United States, or the United States courts of any Terri- tory or other place subject to the jurisdiction of the United States, to enjoin such acts or prac- tices and to enforce compliance with this chap- ter or any rule, regulation, or order thereunder, and upon a proper showing a permanent or tem- porary injunction or decree or restraining order shall be granted without bond. The Commission may transmit such evidence as may be available concerning such acts or practices or concerning apparent violations of the Federal antitrust laws to the Attorney General, who, in his discre- tion, may institute the necessary criminal pro- ceedings. (b) Mandamus Upon application of the Commission the dis- trict courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction to issue writs of man- damus commanding any person to comply with the provisions of this chapter or any rule, regu- lation, or order of the Commission thereunder. (c) Employment of attorneys by Commission The Commission may employ such attorneys as it finds necessary for proper legal aid and service of the Commission or its members in the conduct of their work, or for proper representa- tion of the public interest in investigations made by it, or cases or proceedings pending be- fore it, whether at the Commission’s own in- stance or upon complaint, or to appear for or represent the Commission in any case in court; and the expenses of such employment shall be paid out of the appropriation for the Commis- sion. (d) Violation of market manipulation provisions In any proceedings under subsection (a), the court may prohibit, conditionally or uncondi- tionally, and permanently or for such period of time as the court determines, any individual who is engaged or has engaged in practices con- stituting a violation of section 717c–1 of this title (including related rules and regulations) from— (1) acting as an officer or director of a nat- ural gas company; or (2) engaging in the business of— (A) the purchasing or selling of natural gas; or (B) the purchasing or selling of trans- mission services subject to the jurisdiction of the Commission. (June 21, 1938, ch. 556, § 20, 52 Stat. 832; June 25, 1948, ch. 646, § 1, 62 Stat. 875, 895; Pub. L. 109–58, title III, § 318, Aug. 8, 2005, 119 Stat. 693.)