16 U.S.C. § 825l : US Code - Section 825L: Review of orders

Search 16 U.S.C. § 825l : US Code - Section 825L: Review of orders

(a) Application for rehearing; time periods; modification of order
Any person, electric utility, State, municipality, or State
commission aggrieved by an order issued by the Commission in a
proceeding under this chapter to which such person, electric
utility, 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 entity unless such
entity 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) Judicial review
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 United States court of appeals for any
circuit wherein the licensee or public utility 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, if
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's 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.