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Venue for
appeal.
view be
Aled witkin 60
days after

rebearing

Service of

tion on Commission.

record pre

mission and certided to Court.

Court has ex. clusive jurisdiction to al

or set aside Commission order.

before Commission shall be considered

by evidence are

order relates is located or has its principal place of busiPetidon for re ness, or in the United States Court of Appeals for the

District of Columbia, by filing in such court, within order on appll- 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 copy of peti

aside in whole or in part. A copy of such petition shall

forthwith be transmitted by the clerk of the court to Transcript of paced of Com. any member of the Commission and thereupon the Com

mission shall file with the court the record upon which

the order complained of was entered, as provided in Upon Allog of section 2112 of title 28, United States Code. Upon the transcript,

filing of such petition such court shall have jurisdiction,

which upon the filing of the record with it shall be excluürm, modify,

sive, to affirm, modify, or set aside such order in whole oi

in part. No objection to the order of the Commission Oply objec shall be considered by the court unless such objection tions urged

shall have been urged before the Commission in the apby Court.

plication for rehearing unless there is reasonable ground Flodings of

for failure so to do. The finding of the Commission as fact supported to the facts, if supported by substantial evidence, shall

be conclusive. If any party shall apply to the court for conclusive. Additional

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 leave of Court. failure to adduce such evidence in the proceedings before Commission may moduly

the Commission, the court may order such additional Ite Boding big evidence to be taken before the Commission and to be evidence. 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 De bading to file with the court such modified or new findings, which if

supported by substantial evidence, shall be conclusive, Judgment or

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 (former] sections 239 and 240 of the Judicial

Code, as amended (U.S.C., title 28, sec. 1254). Order of Com. (c) The filing of an application for rehearing under

subsection (a) shall not, unless specifically ordered by rebearing un

evidence may be adduced before Commission upon

such

Modided or

filled with Court.

decree of Court on ap: peal final subJect to review by Supreme Court.

misslon not stayed by ap. plication for

the Commission, operate as a stay of the Commission's lesse speclocally order. The commencement of proceedings under sub

ordered

section (b) of this section shall not, unless specifically Order of Comordered by the court, operate as a stay of the Commis- stayed by pettsion's order. (15 U. S. C. 8 717r]

tlou for review, unless ordered by court.

ENFORCEMENT OF ACT; REGULATIONS AND ORDERS

Dis

injunction
action.

eral may institute criminal proceed.

Sec. 20. (a).Whenever it shall appear to the Com- Violation of mission that any person is engaged or about to engage actor of rules, in any acts or practices which constitute or will con- orders of the stitute a violation of the provisions of this act, or of mas been any rule, regulation, or order thereunder, it may in its rict Court, discretion bring an action in the proper district court of the United States, the District Court of the United States for the District of Columbia, or the United States courts of any Territory or other place subject to the jurisdiction of the United States, to enjoin such acts or Venue for practices and to enforce compliance with this act or any rule, regulation, or order thereunder, and upon a proper showing a permanent or temporary injunction or decree or restraining order shall be granted without bond. The Commission may transmit such evidence as may be Attorney Genavailable concerning such acts or practices or concerning apparent violations of the Federal antitrust laws ingo to the Attorney General, who, in his discretion, may institute the necessary criminal proceedings.

(b) Upon application of the Commission the district District courts, courts of the United States, the District Court of the top of Com. United States for the District of Columbia, and the issue writs of United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of this act or any rule, regulation, or order of the Commission thereunder.

(c) The Commission may employ such attorneys as it finds necessary for proper legal aid and service of the attorneys to Commission or its members in the conduct of their work, and to repreor for proper representation of the public interest in court. investigations made by it, or cases or proceedings pending before it, whether at the Commission's own instance or upon complaint, or to appear for or represent the

mandamus.

Commission may employ

Expenses of Commission in any case in court; and the expenses of employment to be paid out of such employment shall be paid out of the appropriation Commission's appropriation for the Commission. (15 U. S. C. 8 717s]

OLNERAL PENALTIES

Wulful viola. tions of act,

by one and

Sec. 21. (a) Any person who willfully and knowingly etc., punishable does or causes or suffers to be done any act, matter, or imprisonment. thing in this act prohibited or declared to be unlawful,

or who willfully and knowingly omits or fails to do any act, matter, or thing in this act required to be done, or willfully and knowingly causes or suffers such omission or failure, shall, upon conviction thereof, be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both.

(b) Any person who willfully and knowingly vioregulations, lates any rule, regulation, restriction, condition, or order punishable by made or imposed by the Commission under authority of

this act, shall, in addition to any other penalties provided by law, be punished upon conviction thereof by a fine of not exceeding $500 for each and every day during which such offense occurs. (15 U. S.C. & 717t]

willful violations of rules.

orders, etc.,

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JURISDICTION OF OFFENSES; ENFORCEMENT OF LIABILITIES

AND DUTIES

District Courts
have exclusive
jurisdiction of
violations of
act or of rules,
regulations
and orders.

Sec. 22. The District Courts of the United States, the District Court of the United States for the District of Columbia, and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have exclusive jurisdiction of violations of this act or the rules, regulations, and orders thereunder, and of all suits in equity and actions at law, brought to enforce any liability or duty created by, or to enjoin any violation of, this act or any rule, regulation, or order thereunder. Any criminal proceeding shall be brought in the district wherein any act or transaction constituting the violation occurred. Any suit or action to enforce any liability or duty created by, or to enjoin any violation of, this act or any rule, regulation, or order thereunder may be brought in any such district or in the district wherein the defendant is an in

Venue in crim-
inal proceed-
Ing.
Venue in civil
cases.

habitant, and process in such cases may be served wherever the defendant may be found. Judgments and de- Judgments, crees so rendered shall be subject to review as provided to review as in (former) sections 128 and 240 of the Juáicial Code, as Sudicial Code. amended (U.S.C., title 28, secs. 225 and 347). No costs Costs cannot shall be assessed against the Commission in any judicial against comproceeding by or against the Commission under this act. (15 U. S. C. 8 7170)

be assessed

mission.

SEPARABILITY OF PROVISIONS

Sec. 23. If any provision of this act, or the applica- Separability of tion of such provision to any person or circumstance, shall be held invalid, the remainder of the act, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (18 U. S. C. 8 717v]

Sec. 24. This act may be cited as the “Natural Gas Short title. Act.” (15 U. S. C. $ 717w]

APPENDIX

EXECUTIVE ORDER 10485

PROVIDING FOR THE PERFORMANCE OF CERTAIN FUNCTIONS HERETOFORE

PERFORMED BY THE PRESIDENT WITH RESPECT TO ELECIRIC POWER AND NATURAL GAS FACILITIES LOCATED ON THE BORDERS OF THE UNITED STATES

so;

WHEREAS section 202 (e) of the Federal Power Act, as amended, 49 Stat. 847 (16 U. S. C. 824a (e)), requires any person desiring to transmit any

electric energy from the United States to a foreign country to obtain an order of the Federal Power Commission authorizing it to do so; and

WHEREAS section 3 of the Natural Gas Act, 52 Stat. 822 (15 U.S. C. 717b), requires any person desiring to export any natural gas from the United States to a foreign country or to import any natural gas from a foreign country to the United States to obtain an order from the Federal Power Commission authorizing it to do and

WHEREAS the proper conduct of the foreign relations of the United States requires that executive permission be obtained for the construction and maintenance at the borders of the United States of facilities for the exportation or importation of electric energy and natural gas; and

WHEREAS it is desirable to provide a systematic method in connection with the issuance and signing of permits for such purposes :

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States and Commander in Chief of the armed forces of the United States, it is hereby ordered as follows:

Section 1. (a) The Federal Power Commission is hereby designated and empowered to perform the following-described functions:

(1) To receive all applications for permits for the construction, operation, maintenance, or connection, at the borders of the United States, of facilities for the transmission of electric energy between the United States and a foreign country.

(2) To receive all applications for permits for the construction, operation, maintenance, or connection, at the borders of the United States, of facilities for the exportation or importation of natural gas to or from a foreign country.

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