Sec. 9. Appeal rights to Federal Energy Regulatory Commission
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/bill/117/s/641/is/section-9A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 19(a) of the Natural Gas Act ( 15 U.S.C. 717r(a) ) is amended— in the first sentence, by striking
(a)Any person, State, municipality, or State commission aggrieved by an order issued by the Commission in a proceeding under this act to which such person, State, municipality, or State commission is a party may apply and inserting the following: Any person, State, municipality, or State commission that is aggrieved by an order issued by the Commission in a proceeding under this Act to which the person, State, municipality, or State commission is a party may petition ; by striking the second sentence and inserting the following: No proceeding to review an order of the Commission shall be brought by a person unless the person has submitted to the Commission a petition for rehearing regarding the order in accordance with this paragraph. A petition for rehearing under this paragraph shall describe specifically the one or more grounds on which the petition is based. ; in the third sentence, by striking Upon such application and inserting the following: On receipt of a petition under paragraph (1), ; by striking the fourth and fifth sentences and inserting the following: In any case in which the Commission fails to issue a final agency action that is reviewable under subsection
(b)with respect to a petition for rehearing by the date that is 60 days after the date on which the petition is filed, the petition shall be deemed to be denied. ; and in the sixth sentence, by striking Until the record in a proceeding shall have been and inserting the following: Until the date on which the record relating to a proceeding is . Section 19(c) of the Natural Gas Act ( 15 U.S.C. 717r(c) ) is amended— in the second sentence, by striking The commencement and inserting the following: The commencement ; in the first sentence, by striking
(c)The filing of an application and inserting the following: The filing of a petition ; in paragraph
(1)(as so designated)— by striking not, unless specifically ordered by the Commission, ; and by inserting during the period in which the Commission is considering the petition for rehearing before the period at the end; and by inserting after paragraph
(1)(as so designated) the following: If the Commission grants a rehearing on the merits of an order of the Commission pursuant to a petition for rehearing, the order shall be deemed to be nonfinal for purposes of section 7(h). With respect to an order of the Commission that is deemed to be nonfinal under subparagraph (A), beginning on the date on which the rehearing proceedings commence under subsection
(b)with respect to the order and ending on the date on which the applicable court issues a final judgment and decree under that subsection with respect to the order— no district or State court shall have jurisdiction over eminent domain proceedings under section 7(h) that are commenced pursuant to that order; and the holder of a certificate of public convenience and necessity issued pursuant to the order may not exercise the right of eminent domain under section 7(h). If the Commission denies a petition for rehearing or fails to act on the petition for rehearing by the deadline described in subsection (a)(2)(B), the order that is the subject of the petition shall be deemed to be final for all purposes. . Section 19(b) of the Natural Gas Act ( 15 U.S.C. 717r(b) ) is amended— by striking application each place it appears and inserting petition ; and by striking such petition each place it appears and inserting the written petition praying that the order of the Commission be modified or set aside in whole or in part .
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Sec. 9
Appeal rights to Federal Energy Regulatory Commission
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