§ 79x. — Court review of orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC79x]
TITLE 15--COMMERCE AND TRADE
CHAPTER 2C--PUBLIC UTILITY HOLDING COMPANIES
Sec. 79x. Court review of orders
(a) Petition; jurisdiction; findings of Commission; additional evidence;
finality
Any person or party aggrieved by an order issued by the Commission
under this chapter may obtain a review of such order in the United
States court of appeals within any circuit wherein such person resides
or has his 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 entry of such order, 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 be forthwith transmitted by the
clerk of the court to any member of the Commission, or any officer
thereof designated by the Commission for that purpose, and thereupon the
Commission shall file in 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 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 or unless there were
reasonable grounds for failure so to do. The findings of the Commission
as to the facts, if supported by substantial evidence, shall be
conclusive. If application is made to the court for leave to adduce
additional evidence, and it is shown 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 proceeding 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.
(b) Stay of Commission's order
The commencement of proceedings under subsection (a) of this section
shall not, unless specifically ordered by the court, operate as a stay
of the Commission's order.
(Aug. 26, 1935, ch. 687, title I, Sec. 24, 49 Stat. 834; 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. 15, Aug. 28, 1958, 72 Stat. 946; Pub. L.
100-181, title IV, Sec. 403, Dec. 4, 1987, 101 Stat. 1259.)
Amendments
1987--Subsec. (a). Pub. L. 100-181 substituted ``section 1254 of
title 28'' for ``sections 239 and 240 of the Judicial Code, as amended
(U.S.C., title 28, secs. 346 and 347)''.
1958--Subsec. (a). Pub. L. 85-791, in second sentence, substituted
``transmitted by the clerk of the court to any member of the Commission,
or'' for ``served upon any member of the Commission, or upon'',
substituted ``file in the court'' for ``certify and file in 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 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''.
Transfer of Functions
For transfer of functions of Securities and Exchange Commission,
with certain exceptions, to Chairman of such Commission, see Reorg. Plan
No. 10 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.
1265, set out under section 78d of this title.
Section Referred to in Other Sections
This section is referred to in section 79k of this title.
