16 U.S.C. § 2633 — Judicial review and enforcement

Page 2210 TITLE 16—CONSERVATION § 2633 such nonregulated electric utility) has adopted a reasonable procedure pursuant to which such au- thority or nonregulated electric utility— (A) determines the amount of such fees and costs, and (B) includes an award of such fees and costs in its order in the proceeding. (3) The procedure adopted by such State regu- latory authority or nonregulated utility under paragraph (2) may include a preliminary pro- ceeding to require that— (A) as a condition of receiving compensation under such procedure such consumer dem- onstrate that, but for the ability to receive such award, participation or intervention in such proceeding may be a significant financial hardship for such consumer, and (B) persons with the same or similar inter- ests have a common legal representative in the proceeding as a condition to receiving compensation. (b) Alternative means Compensation shall not be required under sub- section (a) if the State, the State regulatory au- thority (in the case of a proceeding concerning a State regulated electric utility), or the non- regulated electric utility (in the case of a pro- ceeding concerning such nonregulated electric utility) has provided an alternative means for providing adequate compensation to persons— (1) who have, or represent, an interest— (A) which would not otherwise be ade- quately represented in the proceeding, and (B) representation of which is necessary for a fair determination in the proceeding, and (2) who are, or represent an interest which is, unable to effectively participate or inter- vene in the proceeding because such persons cannot afford to pay reasonable attorneys’ fees, expert witness fees, and other reasonable costs of preparing for, and participating or in- tervening in, such proceeding (including fees and costs of obtaining judicial review of such proceeding). (c) Transcripts The State regulatory authority or nonregu- lated electric utility, as the case may be, shall make transcripts of the proceeding available, at cost of reproduction, to parties or intervenors in any ratemaking proceeding, or other regulatory proceeding relating to rates or rate design, be- fore a State regulatory authority or nonregu- lated electric utility. (d) Federal agencies Any claim under this section against any Fed- eral agency shall be subject to the availability of appropriated funds. (e) Rights under other authority Nothing in this section affects or restricts any rights of any participant or intervenor in any proceeding under any other applicable law or rule of law. (Pub. L. 95–617, title I, § 122, Nov. 9, 1978, 92 Stat. 3129.) § 2633. Judicial review and enforcement (a) Limitation of Federal jurisdiction Notwithstanding any other provision of law, no court of the United States shall have juris- diction over any action arising under any provi- sion of subchapter I or II or of this subchapter except for— (1) an action over which a court of the United States has jurisdiction under sub- section (b) or (c)(2); and (2) review of any action in the Supreme Court of the United States in accordance with sections 1257 and 1258 of title 28. (b) Enforcement of intervention right (1) The Secretary may bring an action in any appropriate court of the United States to en- force his right to intervene and participate under section 2631(a) of this title, and such court shall have jurisdiction to grant appropriate re- lief. (2) If any electric utility or electric consumer having a right to intervene under section 2631(a) of this title is denied such right by any State court, such electric utility or electric consumer may bring an action in the appropriate United States district court to require the State regu- latory authority or nonregulated electric utility to permit such intervention and participation, and such court shall have jurisdiction to grant appropriate relief. (3) Nothing in this subsection prohibits any person bringing any action under this subsection in a court of the United States from seeking re- view and enforcement at any time in any State court of any rights he may have with respect to any motion to intervene or participate in any proceeding. (c) Review and enforcement (1) Any person (including the Secretary) may obtain review of any determination made under subchapter I or II or under this subchapter with respect to any electric utility (other than a util- ity which is a Federal agency) in the appro- priate State court if such person (or the Sec- retary) intervened or otherwise participated in the original proceeding or if State law otherwise permits such review. Any person (including the Secretary) may bring an action to enforce the requirements of this chapter in the appropriate State court, except that no such action may be brought in a State court with respect to a util- ity which is a Federal agency. Such review or action in a State court shall be pursuant to any applicable State procedures. (2) Any person (including the Secretary) may obtain review in the appropriate court of the United States of any determination made under subchapter I or II or this subchapter by a Fed- eral agency if such person (or the Secretary) in- tervened or otherwise participated in the origi- nal proceeding or if otherwise applicable law permits such review. Such court shall have ju- risdiction to grant appropriate relief. Any per- son (including the Secretary) may bring an ac- tion to enforce the requirements of subchapter I or II or this subchapter with respect to any Fed- eral agency in the appropriate court of the United States and such court shall have juris- diction to grant appropriate relief. Page 2211 TITLE 16—CONSERVATION § 2642 (3) In addition to his authority to obtain re- view under paragraph (1) or (2), the Secretary may also participate as an amicus curiae in any review by any court of an action arising under the provisions of subchapter I or II or this sub- chapter. (d) Other authority of Secretary Nothing in this section prohibits the Sec- retary from— (1) intervening and participating in any pro- ceeding, or (2) intervening and participating in any re- view by any court of any action under section 6804 of title 42. (Pub. L. 95–617, title I, § 123, Nov. 9, 1978, 92 Stat. 3130.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c)(1), was in the original ‘‘this title’’, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classifica- tion of title I to the Code, see Tables. § 2634. Prior and pending proceedings For purposes of subchapters I and II, and this subchapter, proceedings commenced by State regulatory authorities (with respect to electric utilities for which it has ratemaking authority) and nonregulated electric utilities before No- vember 9, 1978, and actions taken before such date in such proceedings shall be treated as complying with the requirements of subchapters I and II, and this subchapter if such proceedings and actions substantially conform to such re- quirements. For purposes of subchapters I and II, and this subchapter, any such proceeding or action commenced before November 9, 1978, but not completed before such date, shall comply with the requirements of subchapters I and II, and this subchapter, to the maximum extent practicable, with respect to so much of such pro- ceeding or action as takes place after such date, except as otherwise provided in section 2631(c) of this title. In the case of each standard estab- lished by paragraphs (11) through (13) of section 2621(d) of this title, the reference contained in this section to November 9, 1978, shall be deemed to be a reference to August 8, 2005. In the case of the standard established by paragraph (14) of section 2621(d) of this title, the reference con- tained in this section to November 9, 1978, shall be deemed to be a reference to August 8, 2005. In the case of each standard established by para- graph (15) of section 2621(d) of this title, the ref- erence contained in this section to November 9, 1978, shall be deemed to be a reference to August 8, 2005. In the case of the standard established by paragraph (20) of section 2621(d) of this title, the reference contained in this section to November 9, 1978, shall be deemed to be a reference to No- vember 15, 2021. In the case of the standard es- tablished by paragraph (21) of section 2621(d) of this title, the reference contained in this section to November 9, 1978, shall be deemed to be a ref- erence to November 15, 2021. (Pub. L. 95–617, title I, § 124, Nov. 9, 1978, 92 Stat. 3131; Pub. L. 109–58, title XII, §§ 1251(b)(3)(B), 1252(i)(2), 1254(b)(3)(B), Aug. 8, 2005, 119 Stat. 963, 967, 971; Pub. L. 117–58, div. D, title I, § 40104(a)(2)(C)(ii), title IV, § 40431(b)(3)(B), Nov. 15, 2021, 135 Stat. 932, 1048.) Editorial Notes AMENDMENTS 2021—Pub. L. 117–58, § 40431(b)(3)(B), inserted at end ‘‘In the case of the standard established by paragraph (21) of section 2621(d) of this title, the reference con- tained in this section to November 9, 1978, shall be deemed to be a reference to November 15, 2021.’’ Pub. L. 117–58, § 40104(a)(2)(C)(ii), substituted ‘‘this section’’ for ‘‘this subsection’’ wherever appearing and inserted at end ‘‘In the case of the standard established by paragraph (20) of section 2621(d) of this title, the ref- erence contained in this section to November 9, 1978, shall be deemed to be a reference to November 15, 2021.’’ 2005—Pub. L. 109–58, § 1254(b)(3)(B), inserted at end ‘‘In the case of each standard established by paragraph (15) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to August 8, 2005.’’ Pub. L. 109–58, § 1252(i)(2), inserted at end ‘‘In the case of the standard established by paragraph (14) of section 2621(d) of this title, the reference contained in this sub- section to November 9, 1978, shall be deemed to be a ref- erence to August 8, 2005.’’ Pub. L. 109–58, § 1251(b)(3)(B), inserted at end ‘‘In the case of each standard established by paragraphs (11) through (13) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to August 8, 2005.’’ Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. SUBCHAPTER IV—ADMINISTRATIVE PROVISIONS § 2641. Voluntary guidelines The Secretary may prescribe voluntary guide- lines respecting the standards established by sections 2621(d) and 2623(b) of this title. Such guidelines may not expand the scope or legal ef- fect of such standards or establish additional standards respecting electric utility rates. (Pub. L. 95–617, title I, § 131, Nov. 9, 1978, 92 Stat. 3131.) § 2642. Responsibilities of Secretary (a) Authority The Secretary may periodically notify the State regulatory authorities, and electric utili- ties identified pursuant to section 2612(c) of this title, of— (1) load management techniques and the re- sults of studies and experiments concerning load management techniques; (2) developments and innovations in electric utility ratemaking throughout the United States, including the results of studies and ex- periments in rate structure and rate reform;