15 U.S.C. § 3414 — Enforcement

Page 2013 TITLE 15—COMMERCE AND TRADE § 3414 Such opportunity shall be afforded no later than 30 days after such date in the case of a waiver of the entire comment period under section 553(d)(3) of title 5, and no later than 45 days after such date in all other cases. A transcript shall be made of any such oral presentation. (c) Adjustments The Commission or any other Federal officer or agency authorized to issue rules or orders de- scribed in subsection (a) (other than an order under section 3361, 3362, or 3363 of this title) shall, by rule, provide for the making of such ad- justments, consistent with the other purposes of this chapter, as may be necessary to prevent special hardship, inequity, or an unfair distribu- tion of burdens. Such rule shall establish proce- dures which are available to any person for the purpose of seeking an interpretation, modifica- tion, or rescission of, exception to, or exemption from, such applicable rules or orders. If any per- son is aggrieved or adversely affected by the de- nial of a request for adjustment under the pre- ceding sentence, such person may request a re- view of such denial by the officer or agency and may obtain judicial review in accordance with section 3416 of this title when such denial be- comes final. The officer or agency shall, by rule, establish procedures, including an opportunity for oral presentation of data, views, and argu- ments, for considering requests for adjustment under this subsection. (Pub. L. 95–621, title V, § 502, Nov. 9, 1978, 92 Stat. 3397; Pub. L. 101–60, § 3(a)(3), July 26, 1989, 103 Stat. 158.) Editorial Notes AMENDMENTS 1989—Subsec. (d). Pub. L. 101–60 struck out subsec. (d) which directed that any determination made under sec- tion 3347(c) of this title be made in accordance with procedures applicable to the granting of any authority under the Natural Gas Act to import natural gas or liq- uefied natural gas (as the case might be). § 3413. Repealed. Pub. L. 101–60, § 3(b)(5), July 26, 1989, 103 Stat. 159 Section, Pub. L. 95–621, title V, § 503, Nov. 9, 1978, 92 Stat. 3397, related to various determinations to be made by State or Federal agencies for qualifying under certain categories of natural gas. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1993, see section 3(b) of Pub. L. 101–60, set out as an Effective Date of 1989 Amend- ment note under section 3372 of this title. § 3414. Enforcement (a) General rule It shall be unlawful for any person to violate any provision of this chapter or any rule or order under this chapter. (b) Civil enforcement (1) In general Except as provided in paragraph (2), when- ever it appears to the Commission that any person is engaged or about to engage in any act or practice which constitutes or will con- stitute a violation of any provision of this chapter, or of any rule or order thereunder, the Commission may bring an action in the District Court of the United States for the District of Columbia or any other appropriate district court of the United States to enjoin such act or practice and to enforce compliance with this chapter, or any rule or order there- under. (2) Enforcement of emergency orders Whenever it appears to the President that any person has engaged, is engaged, or is about to engage in acts or practices consti- tuting a violation of any order under section 3362 of this title or any order or supplemental order issued under section 3363 of this title, the President may bring a civil action in any appropriate district court of the United States to enjoin such acts or practices. (3) Repealed. Pub. L. 101–60, § 3(a)(4)(B), July 26, 1989, 103 Stat. 158 (4) Relief available In any action under paragraph (1) or (2), the court shall, upon a proper showing, issue a temporary restraining order or preliminary or permanent injunction without bond. In any such action, the court may also issue a manda- tory injunction commanding any person to comply with any applicable provision of law, rule, or order, or ordering such other legal or equitable relief as the court determines appro- priate, including refund or restitution. (5) Criminal referral The Commission may transmit such evi- dence as may be available concerning any acts or practices constituting any possible viola- tions of the Federal antitrust laws to the At- torney General who may institute appropriate criminal proceedings. (6) Civil penalties (A) In general Any person who knowingly violates any provision of this chapter, or any provision of any rule or order under this chapter, shall be subject to— (i) except as provided in clause (ii) a civil penalty, which the Commission may as- sess, of not more than $1,000,000 for any one violation; and (ii) a civil penalty, which the President may assess, of not more than $1,000,000, in the case of any violation of an order under section 3362 of this title or an order or sup- plemental order under section 3363 of this title. (B) ‘‘Knowing’’ defined For purposes of subparagraph (A) the term ‘‘knowing’’ means the having of— (i) actual knowledge; or (ii) the constructive knowledge deemed to be possessed by a reasonable individual who acts under similar circumstances. (C) Each day separate violation For purposes of this paragraph, in the case of a continuing violation, each day of viola- tion shall constitute a separate violation. 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