15 U.S.C. § 3415 — Intervention

Page 2014 TITLE 15—COMMERCE AND TRADE § 3415 1 So in original. Probably should be ‘‘assess’’. (D) Statute of limitations No person shall be subject to any civil pen- alty under this paragraph with respect to any violation occurring more than 3 years before the date on which such person is pro- vided notice of the proposed penalty under subparagraph (E). The preceding sentence shall not apply in any case in which an un- true statement of material fact was made to the Commission or a State or Federal agen- cy by, or acquiesced to by, the violator with respect to the acts or omissions constituting such violation, or if there was omitted a ma- terial fact necessary in order to make any statement made by, or acquiesced to by, the violator with respect to such acts or omis- sions not misleading in light of cir- cumstances under such statement was made. (E) Assessed by Commission Before assessing any civil penalty under this paragraph, the Commission shall pro- vide to such person notice of the proposed penalty. Following receipt of notice of the proposed penalty by such person, the Com- mission shall, by order, asssess 1 such pen- alty. (F) Judicial review If the civil penalty has not been paid with- in 60 calendar days after the assessment order has been made under subparagraph (E), the Commission shall institute an action in the appropriate district court of the United States for an order affirming the assessment of the civil penalty. The court shall have au- thority to review de novo the law and the facts involved, and shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, such assessment. (c) Criminal penalties (1) Violations of chapter Except in the case of violations covered under paragraph (3), any person who know- ingly and willfully violates any provision of this chapter shall be subject to— (A) a fine of not more than $1,000,000; or (B) imprisonment for not more than 5 years; or (C) both such fine and such imprisonment. (2) Violation of rules or orders generally Except in the case of violations covered under paragraph (3), any person who know- ingly and willfully violates any rule or order under this chapter (other than an order of the Commission assessing a civil penalty under subsection (b)(4)(E)), shall be subject to a fine of not more than $50,000 for each day on which the offense occurs. (3) Violations of emergency orders Any person who knowingly and willfully vio- lates an order under section 3362 of this title or an order or supplemental order under sec- tion 3363 of this title shall be fined not more than $50,000 for each violation. (4) Each day separate violation For purposes of this subsection, each day of violation shall constitute a separate violation. (5) ‘‘Knowingly’’ defined For purposes of this subsection, the term ‘‘knowingly’’, when used with respect to any act or omission by any person, means such person— (A) had actual knowledge; or (B) had constructive knowledge deemed to be possessed by a reasonable individual who acts under similar circumstances. (Pub. L. 95–621, title V, § 504, Nov. 9, 1978, 92 Stat. 3401; Pub. L. 101–60, § 3(a)(4), (b)(6), July 26, 1989, 103 Stat. 158, 159; Pub. L. 109–58, title III, § 314(a)(2), (b)(2), Aug. 8, 2005, 119 Stat. 690, 691.) Editorial Notes AMENDMENTS 2005—Subsec. (b)(6)(A). Pub. L. 109–58, § 314(b)(2), sub- stituted ‘‘$1,000,000’’ for ‘‘$5,000’’ in cl. (i) and ‘‘$1,000,000’’ for ‘‘$25,000’’ in cl. (ii). Subsec. (c)(1). Pub. L. 109–58, § 314(a)(2)(A), substituted ‘‘$1,000,000’’ for ‘‘$5,000’’ in subpar. (A) and ‘‘5 years’’ for ‘‘two years’’ in subpar. (B). Subsec. (c)(2). Pub. L. 109–58, § 314(a)(2)(B), substituted ‘‘$50,000 for each day on which the offense occurs’’ for ‘‘$500 for each violation’’. 1989—Subsec. (a). Pub. L. 101–60, § 3(b)(6), struck out par. (2) designation and par. (1) making it unlawful to sell natural gas at a first sale price in excess of any ap- plicable maximum lawful price under this chapter. Subsec. (b). Pub. L. 101–60, § 3(a)(4), substituted ‘‘para- graph (2)’’ for ‘‘paragraphs (2) and (3)’’ in par. (1), struck out par. (3) which related to enforcement of in- cremental pricing, and substituted ‘‘paragraph (1) or (2)’’ for ‘‘paragraph (1), (2), or (3)’’ in par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 3(b)(6) of Pub. L. 101–60 effec- tive Jan. 1, 1993, see section 3(b) of Pub. L. 101–60, set out as a note under section 3372 of this title. § 3415. Intervention (a) Authority to intervene (1) Intervention as matter of right The Secretary of Energy may intervene as a matter of right in any proceeding relating to the prorationing of, or other limitations upon, natural gas production which is conducted by any State agency having regulatory jurisdic- tion over the production of natural gas. (2) Enforcement of right to intervene The Secretary may bring an action in any appropriate court of the United States to en- force his right to intervene under paragraph (1). (3) Access to information As an intervenor in a proceeding described in subsection (a), the Secretary shall have ac- cess to information available to other parties to the proceeding if such information is rel- evant to the issues to which his participation in such proceeding relates. Such information may be obtained through reasonable rules re- lating to discovery of information prescribed by the State agency. (b) Access to State courts (1) Review in State courts The Secretary may obtain review of any de- termination made in any proceeding described Page 2015 TITLE 15—COMMERCE AND TRADE § 3416 1 So in original. Probably should be ‘‘as’’. in subsection (a)(1) in the appropriate State court if the Secretary intervened or otherwise participated in the original proceeding or if State law otherwise permits such review. (2) Participation as amicus curiae In addition to his authority to obtain review under paragraph (1), the Secretary may also participate an 1 amicus curiae in any judicial review of any proceeding described in sub- section (a)(1). (Pub. L. 95–621, title V, § 505, Nov. 9, 1978, 92 Stat. 3403.) § 3416. Judicial review (a) Orders (1) In general The provisions of this subsection shall apply to judicial review of any order, within the meaning of section 551(6) of title 5 (other than an order assessing a civil penalty under sec- tion 3414(b)(4) of this title or any order under section 3362 of this title or any order under section 3363 of this title), issued under this chapter and to any final agency action under this chapter required to be made on the record after an opportunity for an agency hearing. (2) Rehearing Any person aggrieved by any order issued by the Commission in a proceeding under this chapter to which such person is a party may apply for a rehearing within 30 days after the issuance of such order. Any application for re- hearing shall set forth the specific ground upon which such application is based. Upon the filing of such application, the Commission may grant or deny the requested rehearing or modify the original order without further hearing. Unless the Commission acts upon such application for rehearing within 30 days after it is filed, such application shall be deemed to have been denied. No person may bring an action under this section to obtain judicial review of any order of the Commission unless— (A) such person shall have made applica- tion to the Commission for rehearing under this subsection; and (B) the Commission shall have finally acted with respect to such application. For purposes of this section, if the Commis- sion fails to act within 30 days after the filing of such application, such failure to act shall be deemed final agency action with respect to such application. (3) Authority to modify orders At any time before the filing of the record of a proceeding in a United States Court of Ap- peals, pursuant to paragraph (4), the Commis- sion may, after providing notice it determines reasonable and proper, modify or set aside, in whole or in part, any order issued under the provisions of this chapter. (4) Judicial review Any person who is a party to a proceeding under this chapter aggrieved by any final order issued by the Commission in such pro- ceeding may obtain review of such order in the United States Court of Appeals for any circuit in which the party to which such order relates is located or has its principal place of busi- ness, or in the United States Court of Appeals for the District of Columbia circuit. Review shall be obtained by filing a written petition, requesting that such order be modified or set aside in whole or in part, in such Court of Ap- peals within 60 days after the final action of the Commission on the application for rehear- ing required under paragraph (2). A copy of such petition shall forthwith be transmitted by the clerk of such 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 filing of such petition such court shall have jurisdiction, 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 objection to such order of the Com- mission shall be considered by the court if such objection was not urged before the Com- mission in the application for rehearing unless there was reasonable ground for the failure to do so. 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 evi- dence, and shall show to the satisfaction of the court that such additional evidence is mate- rial and that there were reasonable grounds for failure to adduce such evidence in the pro- ceedings before the Commission, the court may order such additional evidence to be taken before the Commission and to be ad- duced upon the hearing in such manner and upon such terms and conditions as the court deems proper. The Commission may modify its findings as to the facts by reason of the addi- tional evidence so taken, and shall file with the court such modified or new findings, which if supported by substantial evidence, shall be conclusive. The Commission shall also file with the court its recommendation, if any, for the modification or setting aside of the origi- nal order. The judgment and decree of the court, affirming, modifying, or setting aside, in whole or in part, any such order of the Com- mission, shall be final subject to review by the Supreme Court of the United States upon cer- tiorari or certification as provided in section 1254 of title 28. (5) Orders remain effective The filing of an application for rehearing under paragraph (2) shall not, unless specifi- cally ordered by the Commission, operate as a stay of the Commission’s order. The com- mencement of proceedings under paragraph (4) shall not, unless specifically ordered by the court, operate as a stay of the Commission’s order. (b) Review of rules and orders Except as provided in subsections (a) and (c), judicial review of any rule or order, within the meaning of section 551(4) of title 5, issued under this chapter may be obtained in the United