§ 3416. — Judicial review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC3416]
TITLE 15--COMMERCE AND TRADE
CHAPTER 60--NATURAL GAS POLICY
SUBCHAPTER V--ADMINISTRATION, ENFORCEMENT, AND REVIEW
Sec. 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 section 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 rehearing 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 application 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 Commission 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 Appeals, pursuant to paragraph (4), the
Commission 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
proceeding 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 business, 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 Appeals within 60 days after the final action
of the Commission on the application for rehearing 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 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 such order of
the Commission shall be considered by the court if such objection
was not urged before the Commission 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 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 the court deems proper. The
Commission may modify its findings as to the facts by reason of the
additional 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 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.
(5) Orders remain effective
The filing of an application for rehearing under paragraph (2)
shall not, unless specifically ordered by the Commission, operate as
a stay of the Commission's order. The commencement 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) of this section,
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 States Court of Appeals for any appropriate circuit pursuant to
the provisions of chapter 7 of title 5, except that the second sentence
of section 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 Federal Circuit shall have exclusive original jurisdiction to review
all civil cases and controversies 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 injunctive relief to stay or defer the
implementation of any order issued, or action taken, under section 3361,
3362, or 3363 of this title.
(Pub. L. 95-621, title V, Sec. 506, Nov. 9, 1978, 92 Stat. 3404; Pub. L.
101-60, Sec. 3(a)(5), July 26, 1989, 103 Stat. 158; Pub. L. 102-572,
title I, Sec. 102(b), Oct. 29, 1992, 106 Stat. 4506.)
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, established 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 Circuit'' 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.
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.
Section Referred to in Other Sections
This section is referred to in section 3412 of this title; title 28
section 1295.
