15 U.S.C. § 3416 — Judicial review

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 Page 2016 TITLE 15—COMMERCE AND TRADE § 3417 1 So in original. Probably should be ‘‘assignment’’. States Court of Appeals for any appropriate cir- cuit pursuant to the provisions of chapter 7 of title 5, except that the second sentence of sec- tion 705 thereof shall not apply. (c) Judicial review of emergency orders Except with respect to enforcement of orders or subpenas under section 3364(a) of this title, the United States Court of Appeals for the Fed- eral Circuit shall have exclusive original juris- diction to review all civil cases and controver- sies under section 3361, 3362 or 3363 of this title, including any order issued, or other action taken, under such section. The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction of all appeals from the district courts of the United States in cases and controversies arising under section 3364(a)(2) of this title; such appeals shall be taken by the filing of a notice of appeal with the United States Court of Appeals for the Federal Circuit within thirty days after the entry of judgment by the district court. Prior to a final judgment, no court shall have jurisdiction to grant any in- junctive relief to stay or defer the implementa- tion of any order issued, or action taken, under section 3361, 3362, or 3363 of this title. (Pub. L. 95–621, title V, § 506, Nov. 9, 1978, 92 Stat. 3404; Pub. L. 101–60, § 3(a)(5), July 26, 1989, 103 Stat. 158; Pub. L. 102–572, title I, § 102(b), Oct. 29, 1992, 106 Stat. 4506.) Editorial Notes AMENDMENTS 1992—Subsec. (c). Pub. L. 102–572 substituted ‘‘the United States Court of Appeals for the Federal Circuit’’ for ‘‘the Temporary Emergency Court of Appeals, es- tablished pursuant to section 211(b) of the Economic Stabilization Act of 1970, as amended,’’ before ‘‘shall have exclusive original jurisdiction’’ and substituted ‘‘United States Court of Appeals for the Federal Cir- cuit’’ for ‘‘Temporary Emergency Court of Appeals’’ in two places. 1989—Subsec. (d). Pub. L. 101–60 struck out subsec. (d) which related to judicial review of certain incremental pricing determinations. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Jan. 1, 1993, see section 1101 of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress. § 3417. Repealed. Pub. L. 101–60, § 3(a)(6), July 26, 1989, 103 Stat. 158 Section, Pub. L. 95–621, title V, § 507, Nov. 9, 1978, 92 Stat. 3406, related to congressional review of Presi- dential reimposition of maximum lawful prices under section 3332 of this title, congressional reimposition of maximum lawful prices under section 3332 of this title, and congressional disapproval of incremental pricing under section 3342(c) or 3346(d)(2) of this title. § 3418. Applicability of other Federal statutory provisions relating to information-gathering In order to obtain information for the purpose of carrying out its functions under this chapter, the Commission shall have the same authority as is vested in the Secretary under 7151(a) of title 42 with respect to the exercise of authority under section 796(b) of this title and section 772(b), (c), and (d) of this title. (Pub. L. 95–621, title V, § 508(b), Nov. 9, 1978, 92 Stat. 3408.) SUBCHAPTER VI—COORDINATION WITH NATURAL GAS ACT; MISCELLANEOUS PROVISIONS § 3431. Coordination with the Natural Gas Act (a) Jurisdiction of the Commission under the Natural Gas Act (1) Sales (A) Application to first sales For purposes of section 1(b) of the Natural Gas Act [15 U.S.C. 717(b)], the provisions of the Natural Gas Act [15 U.S.C. 717 et seq.], and the jurisdiction of the Commission under such Act shall not apply to any nat- ural gas solely by reason of any first sale of such natural gas. (B) Authorized sales or assignments For purposes of section 1(b) of the Natural Gas Act [15 U.S.C. 717(b)], the provisions of the Natural Gas Act [15 U.S.C. 717 et seq.] and the jurisdiction of the Commission under such Act shall not apply by reason of any sale of natural gas— (i) authorized under section 3362(a) or 3371(b) of this title; or (ii) pursuant to any assigned 1 authorized under section 3372(a) of this title. (C) Natural-gas company For purposes of the Natural Gas Act [15 U.S.C. 717 et seq.], the term ‘‘natural-gas company’’ (as defined in section 2(6) of such Act [15 U.S.C. 717a(6) et seq.]) shall not in- clude any person by reason of, or with re- spect to, any sale of natural gas if the provi- sions of the Natural Gas Act and the juris- diction of the Commission do not apply to such sale solely by reason of subparagraph (A) or (B) of this paragraph. (2) Transportation (A) Jurisdiction of the Commission For purposes of section 1(b) of the Natural Gas Act [15 U.S.C. 717(b)] the provisions of such Act [15 U.S.C. 717 et seq.] and the juris- diction of the Commission under such Act shall not apply to any transportation in interstate commerce of natural gas if such transportation is— (i) pursuant to any order under section 3362(c) or section 3363(b), (c), (d), or (h) of this title; or (ii) authorized by the Commission under section 3371(a) of this title. (B) Natural-gas company For purposes of the Natural Gas Act [15 U.S.C. 717 et seq.], the term ‘‘natural-gas company’’ (as defined in section 2(6) of such Act [15 U.S.C. 717a(6)]) shall not include any person by reason of, or with respect to, any transportation of natural gas if the provi- sions of the Natural Gas Act and the juris- diction of the Commission under the Natural Gas Act do not apply to such transportation