upon which grant or deny 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 Application for rehearing shall rehearing shall set forth specifically the ground or set forth grounds grounds upon which such application is based. Upon based. such application the Commission shall have power to Commission may grant or deny rehearing or to abrogate or modify its application. order without further hearing. Unless the Commission acts upon the application for rehearing within thirty Application autodays after it is filed, such application may be deemed unless Commisto have been denied. No proceeding to review any order thereon within 30 of the Commission shall be brought by any person unless Application for such person shall have made application to the Commis- precede applicasion for a rehearing thereon. sion takes action days. rehearing must tion for court review of order. mission orders by Appeals. view must be of application for of petition on quired. Transcript of (b) Any party to a proceeding under this Act ag- Review of Comgrieved by an order issued by the Commission in such Circuit Court of proceeding may obtain a review of such order in the Circuit Court of Appeals of the United States for any circuit wherein the licensee or public utility 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 Petition for resixty days after the order of the Commission upon the led within 60 application for rehearing, a written petition praying that days after denial the order of the Commission be modified or set aside rehearing. in whole or in part. A copy of such petition shall service of copy forthwith be served upon any member of the Commis- Commission resion and thereupon the Commission shall certify and file with the court a transcript of the record upon which record prepared the order complained of was entered. Upon the filing and filed with of such transcript such court shall have exclusive jurisdiction to affirm, modify, or set aside such order in Upon filing of whole or in part. No objection to the order of the has exclusive Commission shall be considered by the court unless such affirm, modify, or objection shall have been urged before the Commission sion order. in the application for rehearing unless there is reason- Only objections able ground for failure so to do. The finding of the Commission shall Commission as to the facts, if supported by substantial Court. evidence, shall be conclusive. If any party shall apply Findings of fact to the court for leave to adduce additional evidence, and stantial evidence 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 ceedings before the Commission, the court may order pro by Commission Court. transcript Court jurisdiction to set aside Commis urged before be considered by supported by sub are conclusive. Additional evi dence may be adduced before Commission upon leave of Court, modify its find ings by reason of such evidence. Modified or new findings to be 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 Commission 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 filed with Court, 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. Judginent or de- The judgment and decree of the court, affirming, modishall be final sub- fying, or setting aside, in whole or in part, any such Supreme Court. 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 sections 239 and 240 of the Judicial Code, as amended (U. S. C., title 28, secs. 346 and 347). cree of Court ject to review by sion is not stayed rehearing or peti Order of Commis- (c) The filing of an application for rehearing under by application for subsection (a) shall not, unless specifically ordered by tion for review. 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. Violation of pro visious of act, or tions, or orders Court. ENFORCEMENT OF ACT, REGULATIONS AND ORDERS SEC. 314. (a) Whenever it shall appear to the Commisof rules, regula- sion that any person is engaged or about to engage in any thereunder may acts or practices which constitute or will constitute a viobe enjoined by action in District lation 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 Supreme Court of 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 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 Attorney General without bond. The Commission may transmit such evito institute crimi-dence as may be available concerning such acts or practices to the Attorney General, who, in his discretion, may institute the necessary criminal proceedings under this may be requested nal proceedings. Act. upon application may issue writs commanding persons to comply (b) Upon application of the Commission the district District courts, courts of the United States, the Supreme Court of the by Commission, District of Columbia, and the United States courts of of mandamus any Territory or other place subject to the jurisdiction with the act or of the United States shall have jurisdiction to issue writs rules and orders. of mandamus commanding any person to comply with the provisions of this Act or any rule, regulation, or order of the Commission thereunder. employ attorneys for proper legal aid in investigations or to repre (c) The Commission may employ such attorneys as it Commission may finds necessary for proper legal aid and service of the Commission or its members in the conduct of their work sent it in court. or for proper representation of the public interests 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 Commission in any case in court; and the expenses of such employment shall be paid out of the appropriation for the Commission. GENERAL FORFEITURE PROVISION willful failure to submit docu mation in the investigation. SEC. 315. (a) Any licensee or public utility which Forfeiture for willfully fails, within the time prescribed by the Com- file reports, to mission, to comply with any order of the Commission, ments, or infor to file any report required under this Act or any rule or course of any regulation of the Commission thereunder, to submit any information or document required by the Commission in the course of an investigation conducted under this Act, or to appear by an officer or agent at any hearing or investigation in response to a subpena issued under this Forfeiture for Act, shall forfeit to the United States an amount not respond to exceeding $1,000 to be fixed by the Commission after notice and opportunity for hearing. The imposition Forfeitures are or payment of any such forfeiture shall not bar or affect other penalties. any penalty prescribed in this Act but such forfeiture shall be in addition to any such penalty. willful failure to subpena. in addition to able into Treas (b) The forfeitures provided for in this Act shall be Forfeitures paypayable into the Treasury of the United States and shall ury. be recoverable in a civil suit in the name of the United Forfeitures recoverable in civil States, brought in the district where the person is an suit. inhabitant or has his principal place of business, or if a licensee or public utility, in any district in which such licensee or public utility transacts business. It shall District attorneys be the duty of the various district attorneys, under the recovery of direction of the Attorney General of the United States, to prosecute for forfeitures. Costs and ex penses of prosec-1tion. Willful violation of act punishable prisonment. to prosecute for the recovery of forfeitures under this Act. The costs and expenses of such prosecution shall be paid from the appropriations for the expenses of the courts of the United States. GENERAL PENALTIES; VENUE SEC. 316. (a) Any person who willfully and knowby fiue and im- ingly 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 violation of rules, regulations, Willful violations (b) Any person who willfully and knowingly violates etc., promulgated any rule, regulation, restriction, condition, or order under Act punish- made or imposed by the Commission under authority able by fine. of this Act, or any rule or regulation imposed by the of rules and regu- Secretary of War under authority of Part I of this by Secretary of 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. lations imposed War punishable by fine. Jurisdiction over offenses violative act or of rules, regulations, orders, etc., pro under. JURISDICTION OF OFFENSES; ENFORCEMENT OF LIABILITIES AND DUTIES SEC. 317. The District Courts of the United States, of provisions of the Supreme Court of the District of Columbia, and the United States courts of any Territory or other place mulgated there 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 Venue in crimi, 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 inhabitant, and District courts have exclusive jurisdiction. Venue in civil cases. decrees subject to vided by Judicial Code. process in such cases may be served wherever the defendant may be found. Judgments and decrees so ren- Judgments and dered shall be subject to review as provided in sections review as pro128 and 240 of the Judicial Code, as amended (U. S. C., title 28, secs. 225 and 347). No costs shall be assessed Costs cannot be against the Commission in any judicial proceeding by Commission. or against the Commission under this Act. CONFLICT OF JURISDICTION assigned against diction. Holding Com SEC. 318. If, with respect to the issue, sale, or guar- Conflict of jurisanty of a security, or assumption of obligation or liability in respect of a security, the method of keeping accounts, the filing of reports, or the acquisition or disposition of any security, capital assets, facilities, or any other subject matter, any person is subject both to a requirement of the Public Utility Holding Company Public Utility Act of 1935 or of a rule, regulation, or order there- pany Act. under and to a requirement of this Act or of a rule, regulation, or order thereunder, the requirement of the Public Utility Holding Company Act of 1935 shall apply to such person, and such person shall not be subject to the requirement of this Act, or of any rule, regulation, or order thereunder, with respect to the same subject matter, unless the Securities and Exchange Com- Securities and mission has exempted such person from such require- mission. ment of the Public Utility Holding Company Act of 1935, in which case the requirements of this Act shall apply to such person. Exchange Com SEPARABILITY OF PROVISIONS provisions. SEC. 319. If any provision of this Act, or the appli- Separability of cation 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. SHORT TITLE SEC. 320. This Act may be cited as the "Federal Short title. Power Act". |