[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4774 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4774
To amend the Natural Gas Act with respect to the rehearing process, and
for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
July 28, 2021
Mr. Malinowski (for himself, Mr. Casten, Mrs. Watson Coleman, Ms.
Kuster, and Mr. Raskin) introduced the following bill; which was
referred to the Committee on Energy and Commerce
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A BILL
To amend the Natural Gas Act with respect to the rehearing process, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Landowners' Right to Due Process in
Rehearings at FERC Act of 2021''.
SEC. 2. NATURAL GAS ACT REHEARINGS.
Section 19(a) of the Natural Gas Act (15 U.S.C. 717r(a)) is amended
to read as follows:
``(a) Rehearings.--
``(1) In general.--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 for a
rehearing within 30 days after the issuance of such order. The
application for rehearing shall set forth specifically the
ground or grounds upon which such application is based. Upon
such application the Commission shall have power to grant or
deny rehearing or to abrogate or modify its order without
further hearing. No proceeding to review any order of the
Commission shall be brought by any person unless such person
shall have made application to the Commission for a rehearing
thereon. Until the record in a proceeding shall have been filed
in a court of appeals, as provided in subsection (b), the
Commission may at any time, upon reasonable notice and in such
manner as it shall deem proper, modify or set aside, in whole
or in part, any finding or order made or issued by it under the
provisions of this Act.
``(2) Deadline.--
``(A) In general.--Except as provided in
subparagraph (B), the Commission shall act on the
merits of an application filed under paragraph (1) by
the date that is 90 days after the date on which the
applicable order is issued.
``(B) Lack of quorum.--If the Commission fails to
act on the merits of an application filed under
paragraph (1) by the date that is 90 days after the
date on which the applicable order is issued because
the Commission lacks a quorum on such date, the
Commission shall act on the merits of the application
by the date that is 30 days after the date on which the
Commission establishes a quorum.
``(C) Failure to act.--If the Commission fails to
act on the merits of an application filed under
paragraph (1) by the applicable deadline under
subparagraph (A) or (B), the application shall be
deemed to be denied.
``(3) Certain orders.--
``(A) Prohibition.--With respect to an order issued
under section 3 or 7, during the covered period--
``(i) the Commission may not authorize any
construction-related activity that is related
to the order; and
``(ii) notwithstanding section 7(h), a
holder of a certificate of public convenience
and necessity that is the subject of the order
may not exercise the right of eminent domain to
acquire land or other property to carry out an
activity authorized by the order.
``(B) Covered period.--For purposes of subparagraph
(A), the term `covered period' means the period that
begins on the date on which the applicable order is
issued and ends--
``(i) on the date that is 30 days after
such date, if no application for rehearing with
respect to the order is filed under paragraph
(1) by such date; or
``(ii) if such an application is so filed,
on the date on which the Commission act on the
merits of the application, or the application
is deemed to be denied, as applicable.''.
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