Venue for appeal.

Petition for re

view must be

days after

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 order on appli- 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

cation for

rehearing.

Service of

copy of petition on Commission.

Transcript of record

mission and

certified to Court.

Upon filing of transcript, Court has exclusive jurisdiction to afArm, modify, or set aside Commission order.

Only objections urged before Commission shall be considered by Court.

aside in whole or in part. A copy of such petition shall forthwith be transmitted by the clerk of the court to pared by Com- 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, United States Code. 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 fact supported 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 leave of Court. failure to adduce such evidence in the proceedings before the Commission, the court may order such additional its findings by 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 new findings to file with the court such modified or new findings, which if

Findings of

by substantial

evidence are conclusive.

Additional

evidence may be adduced before Com

mission upon

Commission

may modify

reason of such evidence.

Modified or

be filed with

Court.

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

Order of Commission not stayed by application for rebearing un

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 [former] sections 239 and 240 of the Judicial Code, as amended (U.S.C., title 28, sec. 1254).

(c) The filing of an application for rehearing under subsection (a) shall not, unless specifically ordered by the Commission, operate as a stay of the Commission's less specifically order. The commencement of proceedings under sub

ordered.

section (b) of this section shall not, unless specifically ordered by the court, operate as a stay of the Commission's order. [15 U. S. C. § 717r]

Order of Comstayed by peti

mission not

tion for review, unless ordered by

court.

ENFORCEMENT OF ACT; REGULATIONS AND ORDERS

Violation of

provisions of act or of rules, regulations, orders of the may be entrict Court,

Commission

joined in Dis

etc.

SEC. 20. (a).Whenever it shall appear to the Commission that any person is engaged or about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this act, or of any rule, regulation, or order thereunder, it may in its 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 available concerning such acts or practices or concerning apparent violations of the Federal antitrust laws to the Attorney General, who, in his discretion, may institute the necessary criminal proceedings.

(b) Upon application of the Commission 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 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 Commission or its members in the conduct of their work, or for proper representation of the public interest in 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

injunction action.

Attorney Gen

eral may institute criminal proceed

ings."

District courts,

upon applica

tion of Com

mission, may

ue writs of

mandamus.

Commission may employ

attorneys to aid generally and to reprecourt.

sent it in

Expenses of employment to be paid out of Commission's appropriation.

Willful viola

tions of act,

by fine and imprisonment.

Commission in any case in court; and the expenses of such employment shall be paid out of the appropriation for the Commission. [15 U. S. C. § 717s]

GENERAL PENALTIES

SEC. 21. (a) Any person who willfully and knowingly etc.. punishable does or causes or suffers to be done any act, matter, or 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.

Willful violations of rules, regulations, orders, etc., punishable by ane.

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

Venue in criminal proceedings.

Venue in civil савев.

(b) Any person who willfully and knowingly violates any rule, regulation, restriction, condition, or order 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]

JURISDICTION OF OFFENSES; ENFORCEMENT OF LIABILITIES

AND DUTIES

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

habitant, and process in such cases may be served wherever the defendant may be found. Judgments and decrees so rendered shall be subject to review as provided in [former] sections 128 and 240 of the Judicial Code, as amended (U.S. C., title 28, secs. 225 and 347). No costs shall be assessed against the Commission in any judicial proceeding by or against the Commission under this act. [15 U. S. C. § 717u]

SEPARABILITY OF PROVISIONS

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. [15 U. S. C. § 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 ELECTRIC POWER AND NATURAL GAS FACILITIES LOCATED ON THE BORDERS OF THE UNITED STATES

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 so; 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.