15 U.S.C. § 717r : US Code - Section 717R: Rehearing and review

Search 15 U.S.C. § 717r : US Code - Section 717R: Rehearing and review

(a) Application for rehearing; time
Any person, State, municipality, or State commission aggrieved by
an order issued by the Commission in a proceeding under this
chapter 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. Until the record in a
proceeding shall have been filed in a court of appeals, as provided
in subsection (b) of this section, 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 chapter.
(b) Review of Commission order
Any party to a proceeding under this chapter aggrieved by an
order issued by the Commission in such proceeding may obtain a
review of such order in the 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 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
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. 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 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 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 is
supported by substantial evidence, shall be conclusive, and its
recommendation, if any, 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 section 1254 of title 28.
(c) Stay of Commission order
The filing of an application for rehearing under subsection (a)
of this section 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.
(d) Judicial review
(1) In general
The United States Court of Appeals for the circuit in which a
facility subject to section 717b of this title or section 717f of
this title 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 717b of this title or section 717f of this
title. 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 717n(c) of this title
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 717b of this title or section 717f of this title, 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.