§ 717r. — Rehearing and 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: 15USC717r]
TITLE 15--COMMERCE AND TRADE
CHAPTER 15B--NATURAL GAS
Sec. 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.
(June 21, 1938, ch. 556, Sec. 19, 52 Stat. 831; June 25, 1948, ch. 646,
Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107;
Pub. L. 85-791, Sec. 19, Aug. 28, 1958, 72 Stat. 947.)
Codification
In subsec. (b), ``section 1254 of title 28'' substituted for
``sections 239 and 240 of the Judicial Code, as amended [28 U.S.C. 346,
347]'' on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the
first section of which enacted Title 28, Judiciary and Judicial
Procedure.
Amendments
1958--Subsec. (a). Pub. L. 85-791, Sec. 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.
Subsec. (b). Pub. L. 85-791, Sec. 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''.
Change of Name
Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24,
1949, substituted ``court of appeals'' for ``circuit court of appeals''
wherever appearing.
Transfer of Functions
Federal Power Commission terminated and functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42,
The Public Health and Welfare.
For transfer of functions of Federal Power Commission, with certain
reservations, to Chairman of such Commission, see Reorg. Plan No. 9 of
1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set
out in the Appendix to Title 5, Government Organization and Employees.
