§ 717r. Rehearing and review

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1938

   Natural Gas Act

   Pub. L. 75–556 § 19 · 52 Stat. 821

   Enacted · 15 U.S.C. § 717r

   June 21, 1938, ch. 556, § 19, 52 Stat. 831

   Source evidence

   Code source credit
   June 21, 1938, ch. 556, § 19, 52 Stat. 831

   Enacted provision · exact public law section
   Sec. 19. rehearings; court review of orders (a) Any person, State, municipality, or State commission Rehearings. aggrieved by an order issued by the Commission in a proceeding under this Act to which such person, State, municipality, or State commission is a party may apply for a rehearing 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 modify its order without further hearing. Unless the Commission acts upon the application for rehearing within thirty days after it is filed, such application may be deemed to have been denied. No proceeding to review any order of the Commission shall be brought by any person unless such person shall have made application to the Commission for a rehearing thereon. (b) Any party to a proceeding under this Act aggrieved by an Review of orders by circuit courts of appeals, etc. order issued by the Commission in such proceeding may obtain a review of such order in the circuit 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 Court of Appeals for District of Columbia. 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 petition 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 served upon any member of the Commission and thereupon the Commission shall certify and file with the court a transcript of the record upon which the order complained of was entered. Upon the Jurisdiction conferred. filing of such transcript such court shall have exclusive jurisdiction to affirm, modify, or set aside such order in whole or in part. No objection 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 reasonable Evidence. 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 additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the proceedings before the Commission, the court may order such additional evidence 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 additional evidence so taken, and it shall file with the court such modified or new findings, which if supported by substantial evidence, shall be conclusive, and its recommendation, if any, Review by U. S. Supreme Court. for the modification or setting aside of the original order. The judgment and decree of the court, affirming, 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 certification as provided in sections 239 and 240 28 U. S. C. §§ 346, 347. of the Judicial Code, as amended (U. S. C., title 28, secs. 346 and 347). (c) Application for re-hearing not a stay of Commission’s order. The filing of an application for rehearing under subsection (a) shall not, unless specifically ordered by the Commission, operate as a stay of the Commission’s order. The commencement 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.

2. 1958

   Pub. L. 85–791 § 19(a) · 72 Stat. 941

   Inserted · 15 U.S.C. § 717r(a)

   Pub. L. 85–791, § 19(a), inserted sentence providing that until record in a proceeding has been filed in a court of appeals, Commission may modify or set aside any finding or order issued by it

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 85–791, § 19(a), inserted sentence providing that until record in a proceeding has been filed in a court of appeals, Commission may modify or set aside any finding or order issued by it.

   Enacted provision · exact public law section
   (a) Subsection (a) of section 19 of the Natural Gas Act FPC. 15 USC 717r. (52 Stat. 831), is amended by inserting at the end thereof an additional sentence reading as follows: “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 reasonable 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 Act.”

3. 1958

   Pub. L. 85–791 § 19(b) · 72 Stat. 941

   1. Substituted · 15 U.S.C. § 717r(b)

      Pub. L. 85–791, § 19(b), in second sentence, substituted “transmitted by the clerk of the court to” for “served upon”

   2. Substituted · 15 U.S.C. § 717r(b)

      Pub. L. 85–791, § 19(b), in second sentence, substituted “file with the court” for “certify and file with the court a transcript of”

   3. Inserted · 15 U.S.C. § 717r(b)

      Pub. L. 85–791, § 19(b), in second sentence, inserted “as provided in section 2112 of title 28”, and, in third sentence

   4. Substituted · 15 U.S.C. § 717r(b)

      Pub. L. 85–791, § 19(b), in second sentence, substituted “petition” for “transcript”

   5. Substituted · 15 U.S.C. § 717r(b)

      Pub. L. 85–791, § 19(b), in second sentence, substituted “jurisdiction, which upon the filing of the record with it shall be exclusive” for “exclusive jurisdiction”

   Source evidence

   Code amendment note
   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 inserted “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”.

   Enacted provision · exact public law section
   (b) The second and third sentences of subsection (b) of section 19 15 USC 717r. of the Natural Gas Act (52 Stat. 831), are amended to read as follows: “A copy of such petition shall forthwith be transmitted by the clerk of the court to any member of the Commission and thereupon the Commission shall file with the court the record upon which the order complained of was entered, as provided in section 2112 of title 28, United States Code. 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.”

4. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 title III § 313(b) · 119 Stat. 594

   Added · 15 U.S.C. § 717r(d)

   Pub. L. 109–58 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 109–58 added subsec. (d).

   Enacted provision · exact public law section
   (b) Judicial Review.— Section 19 of the Natural Gas Act (15 U.S.C. 717r) is amended by adding at the end the following: “(d) Judicial Review.— “(1) In general.— The United States Court of Appeals for the circuit in which a facility subject to section 3 or section 7 is proposed to be constructed, expanded, or operated shall have original and exclusive jurisdiction 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 collectively referred to as ‘permit’) required under Federal law, other than the Coastal Zone Management 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 pursuant 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 3 or section 7. 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 schedule established pursuant to section 15(c) shall be considered inconsistent 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 construction, expansion, or operation of the facility subject to section 3 or section 7, 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 agency 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 consideration.” .

8 of 8 references resolved to an enrolled provision