II 

117TH CONGRESS 

2D SESSION S. 4864 

To amend the Natural Gas Act to bolster fairness and transparency in 

the consideration of interstate natural gas pipeline permits, to provide 

for greater public input opportunities in the natural gas pipeline permitting process, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2022 

Mr. KAINE (for himself and Mr. WARNER) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To amend the Natural Gas Act to bolster fairness and transparency in the consideration of interstate natural gas 

pipeline permits, to provide for greater public input opportunities in the natural gas pipeline permitting process, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pipeline Fairness, 

5 Transparency, and Responsible Development Act of 

6 2022’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 4864 IS

1 SEC. 2. NOTICE TO AFFECTED LANDOWNERS. 

2 (a) INITIAL NOTICE.—Section 7(d) of the Natural 

3 Gas Act (15 U.S.C. 717f(d)) is amended— 

4 (1) by striking the subsection designation and 

5 all that follows through ‘‘Application for certificates’’ 

6 and inserting the following: 

7 ‘‘(d) APPLICATION FOR CERTIFICATE OF PUBLIC

8 CONVENIENCE AND NECESSITY.— 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

10 an application for a certificate’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(2) REQUIREMENTS.— 

13 ‘‘(A) APPLICATION.—An application for a 

14 certificate of public convenience and necessity 

15 under paragraph (1) shall include— 

16 ‘‘(i) the name and address of each in17 terested party on whom the Commission or 

18 the applicant is required to serve notice of 

19 the application under that paragraph; and 

20 ‘‘(ii) a copy of the notice proposed to 

21 be served on each interested party under 

22 that paragraph. 

23 ‘‘(B) NOTICE.— 

24 ‘‘(i) IN GENERAL.—A notice served on 

25 an interested party under paragraph (1) 

26 shall include the following: 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 4864 IS

1 ‘‘(I) A description of the pro2 ceeding before the Commission relat3 ing to the application for a certificate 

4 of public convenience and necessity, 

5 which shall include the following 

6 statement: 

7 ‘‘ ‘If the applicant ([name of appli8 cant]) wants to build the pipeline on 

9 property that you own, and the Com10 mission issues the requested certifi11 cate of public convenience and neces12 sity, then the applicant will have the 

13 right, subject to paying just com14 pensation, to take your property for 

15 its project.’. 

16 ‘‘(II) Complete instructions on 

17 how the interested party can move to 

18 intervene in the proceeding described 

19 in the notice, including instructions on 

20 how to intervene— 

21 ‘‘(aa) electronically; and 

22 ‘‘(bb) through a paper filing. 

23 ‘‘(III) A clear statement of the 

24 contents required to be included in a 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 4864 IS

1 motion to intervene in the proceeding 

2 described in the notice. 

3 ‘‘(IV) The deadline for the inter4 ested party to move to intervene in 

5 the proceeding described in the notice. 

6 ‘‘(V) A section, separated from 

7 the remaining text of the notice and 

8 clearly displayed in bold print, inform9 ing the interested party that— 

10 ‘‘(aa) in order to preserve 

11 the right to seek judicial review 

12 of a decision by the Commission 

13 relating to the certificate of pub14 lic convenience and necessity, the 

15 interested party must intervene 

16 in the proceeding described in the 

17 notice; and 

18 ‘‘(bb) intervention in the 

19 proceeding described in the notice 

20 is the only way to preserve the 

21 right to judicial review described 

22 in item (aa). 

23 ‘‘(ii) REVIEW.—The Commission 

24 shall— 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 4864 IS

1 ‘‘(I) review each notice submitted 

2 to the Commission under subpara3 graph (A)(ii) to determine whether 

4 the notice meets the requirements de5 scribed in clause (i); and 

6 ‘‘(II) approve the notice only if 

7 the notice meets— 

8 ‘‘(aa) those requirements; 

9 and 

10 ‘‘(bb) any other require11 ments that the Commission de12 termines to be necessary to pro13 vide adequate notice. 

14 ‘‘(iii) SERVICE.— 

15 ‘‘(I) IN GENERAL.—An applicant 

16 may not serve notice on an interested 

17 party under paragraph (1) unless the 

18 notice has been approved by the Com19 mission under clause (ii). 

20 ‘‘(II) DEADLINE.—A notice 

21 under paragraph (1) shall be served 

22 on an interested party not later than 

23 90 days before the last day on which 

24 the interested party may intervene in 

25 the proceeding described in the notice. 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 4864 IS

1 ‘‘(C) PUBLIC AVAILABILITY OF INFORMA2 TION RELATING TO INTERESTED PARTIES.—On 

3 request of any person, the Commission shall 

4 disclose the names and addresses submitted to 

5 the Commission under subparagraph (A)(i), 

6 subject to such reasonable terms and conditions 

7 as the Commission determines to be appro8 priate.’’. 

9 (b) SUBSEQUENT NOTICE.—Section 7(e) of the Nat10 ural Gas Act (15 U.S.C. 717f(e)) is amended— 

11 (1) by striking the subsection designation and 

12 all that follows through ‘‘of this section,’’ in the first 

13 sentence and inserting the following: 

14 ‘‘(e) ISSUANCE OF CERTIFICATE.— 

15 ‘‘(1) IN GENERAL.—Except in the cases gov16 erned by the provisos in subparagraphs (A) and (B) 

17 of subsection (c)(1), and subject to paragraphs (2) 

18 through (4),’’; 

19 (2) in paragraph (1) (as so designated), by 

20 striking ‘‘necessity; otherwise’’ in the first sentence 

21 and all that follows through ‘‘The Commission’’ in 

22 the second sentence and inserting the following: ‘‘ne23 cessity. 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 4864 IS

1 ‘‘(2) REQUIREMENT.—The Commission shall 

2 deny any application for which the Commission has 

3 not made the findings described in paragraph (1). 

4 ‘‘(3) TERMS AND CONDITIONS.—The Commis5 sion’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(4) NOTICE OF ISSUANCE.— 

8 ‘‘(A) IN GENERAL.—On issuance of a cer9 tificate of public convenience and necessity by 

10 the Commission, the applicant requesting the 

11 certificate shall provide to each interested party 

12 on whom the applicant served notice of the ap13 plication under subsection (d) a notice of the 

14 issuance of the certificate. 

15 ‘‘(B) REQUIREMENTS.—Each notice under 

16 subparagraph (A) shall include— 

17 ‘‘(i) complete instructions on how the 

18 recipient of the notice may apply for a re19 hearing before the Commission; 

20 ‘‘(ii) a clear statement of the contents 

21 required to be included in an application 

22 for a rehearing before the Commission; 

23 ‘‘(iii) the deadline for the recipient to 

24 file that application; 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 4864 IS

1 ‘‘(iv) the time period for seeking judi2 cial review of a decision of the Commission 

3 on an application for rehearing; 

4 ‘‘(v) a statement in bold print inform5 ing the recipient that judicial review will 

6 not be available with respect to a decision 

7 of the Commission on any issue for which 

8 the recipient has not sought rehearing be9 fore the Commission; and 

10 ‘‘(vi) a clear reference to— 

11 ‘‘(I) subsections (a) and (b) of 

12 section 19; and 

13 ‘‘(II) any rules issued under 

14 those subsections relating to the time 

15 or manner of seeking— 

16 ‘‘(aa) a rehearing before the 

17 Commission; or 

18 ‘‘(bb) judicial review of a de19 cision of the Commission under 

20 this section, including any deci21 sion on a rehearing. 

22 ‘‘(C) EFFECT OF NOTICE.—No court shall 

23 have jurisdiction over any action to exercise the 

24 right of eminent domain under subsection (h) 

25 with respect to any property covered by the apVerDate Sep 11 2014 03:52 Sep 17, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4864.IS S4864

kjohnson on DSK79L0C42PROD with BILLS
9 

•S 4864 IS

1 plicable certificate of public convenience and ne2 cessity issued under this subsection unless the 

3 holder of the certificate has provided notice 

4 under this paragraph to each interested party 

5 described in subparagraph (A).’’. 

6 SEC. 3. CONDITIONED CERTIFICATES. 

7 Section 7(e) of the Natural Gas Act (15 U.S.C. 

8 717f(e)) (as amended by section 2(b)) is amended by add9 ing at the end the following: 

10 ‘‘(5) RESTRICTIONS.— 

11 ‘‘(A) EMINENT DOMAIN.— 

12 ‘‘(i) COMMENCEMENT OF ACTION.—A 

13 holder of a certificate of public convenience 

14 and necessity may not commence an action 

15 under subsection (h) until the earlier of— 

16 ‘‘(I) the earliest date on which all 

17 timely applications for rehearing 

18 under section 19(a) have received a 

19 ruling on the merits by the Commis20 sion under that section; and 

21 ‘‘(II) the date that is 90 days 

22 after the latest date on which a timely 

23 application for rehearing under sec24 tion 19(a) has been deemed denied 


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 4864 IS

1 under paragraph (3)(B)(i) of that sec2 tion. 

3 ‘‘(ii) JURISDICTION OVER EMINENT

4 DOMAIN ACTIONS.—No court shall have ju5 risdiction over any action to exercise the 

6 right of eminent domain under subsection 

7 (h) with respect to any property covered by 

8 the applicable certificate of public conven9 ience and necessity if the holder of that 

10 certificate has not received all certifi11 cations, authorizations, approvals, permits, 

12 or other permissions required under Fed13 eral law— 

14 ‘‘(I) to begin construction; and 

15 ‘‘(II) to complete the entire 

16 project for which the certificate was 

17 issued. 

18 ‘‘(B) CONSTRUCTION.— 

19 ‘‘(i) IN GENERAL.—Except as pro20 vided in clause (ii), the holder of a certifi21 cate of public convenience and necessity 

22 may not begin construction, 

23 preconstruction, or land-disturbing activi24 ties under that certificate until the later 

25 of— 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 4864 IS

1 ‘‘(I) the earliest date on which 

2 the holder has received all required 

3 certifications, authorizations, approv4 als, permits, or other permissions de5 scribed in subparagraph (A)(ii); and 

6 ‘‘(II) the earliest date on which 

7 all timely applications for rehearing 

8 under section 19(a) have either— 

9 ‘‘(aa) received a ruling on 

10 the merits by the Commission 

11 under that section; or 

12 ‘‘(bb) been deemed denied 

13 under paragraph (3)(B)(i) of 

14 that section. 

15 ‘‘(ii) EXCEPTION.—Clause (i) shall 

16 not apply to activities described in that 

17 clause that are carried out— 

18 ‘‘(I) on land that is owned by the 

19 holder of the certificate of public con20 venience and necessity; or 

21 ‘‘(II) in an existing utility right22 of-way.’’. 

23 SEC. 4. EMINENT DOMAIN. 

24 (a) STATEMENT OF POLICY.—With respect to the 

25 construction and operation of natural gas pipelines, it is 


kjohnson on DSK79L0C42PROD with BILLS
12 

•S 4864 IS

1 the policy of the United States to protect the rights of 

2 citizens of the United States to their private property, in3 cluding by limiting the taking of private property by the 

4 Federal Government and the use of eminent domain au5 thority granted under any Federal statute to situations 

6 in which the taking is for public use, with just compensa7 tion, and required by the public convenience and necessity, 

8 and not merely to advance the economic interests of pri9 vate parties that would be given ownership or use of the 

10 property taken. 

11 (b) JUST COMPENSATION.—Section 7(h) of the Nat12 ural Gas Act (15 U.S.C. 717f(h)) is amended— 

13 (1) by striking the subsection designation and 

14 all that follows through ‘‘When any holder’’ in the 

15 first sentence and inserting the following: 

16 ‘‘(h) EMINENT DOMAIN.— 

17 ‘‘(1) IN GENERAL.—When any holder’’; 

18 (2) in paragraph (1) (as so designated), in the 

19 second sentence— 

20 (A) by striking ‘‘The practice’’ and insert21 ing the following: 

22 ‘‘(2) PRACTICE AND PROCEDURE.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), the practice’’; 


kjohnson on DSK79L0C42PROD with BILLS
13 

•S 4864 IS

1 (3) in paragraph (2)(A) (as so designated), by 

2 striking ‘‘situated: Provided, That the’’ and insert3 ing the following ‘‘situated. 

4 ‘‘(B) LIMITATION.—The’’; and 

5 (4) by adding at the end the following: 

6 ‘‘(3) JUST COMPENSATION.— 

7 ‘‘(A) DEFINITION OF LOST CONSERVATION

8 VALUE.—In this paragraph, the term ‘lost con9 servation value’ means— 

10 ‘‘(i) the value of any use of land for 

11 conservation purposes (as defined in sec12 tion 1.170A–14(d) of title 26, Code of 

13 Federal Regulations (or a successor regula14 tion)) that is interrupted or prevented by 

15 the exercise of the right of eminent domain 

16 under paragraph (1); 

17 ‘‘(ii) any decrease in the value of land 

18 due to the interruption or prevention of a 

19 use described in clause (i); and 

20 ‘‘(iii) any lost benefit or decrease in 

21 the value of a benefit due to the interrup22 tion or prevention of a use described in 

23 clause (i). 

24 ‘‘(B) LAND SUBJECT TO A CONSERVATION

25 EASEMENT.—In determining the just compensaVerDate Sep 11 2014 03:52 Sep 17, 2022 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4864.IS S4864

kjohnson on DSK79L0C42PROD with BILLS
14 

•S 4864 IS

1 tion for property acquired by the exercise of the 

2 right of eminent domain under paragraph (1), 

3 in the case of land subject to a conservation 

4 easement, the court with jurisdiction over the 

5 proceeding shall consider the lost conservation 

6 value of that land.’’. 

7 SEC. 5. APPRAISALS, OFFERS OF COMPENSATION, AND POS8 SESSION. 

9 Section 7(h) of the Natural Gas Act (15 U.S.C. 

10 717f(h)) (as amended by section 4(b)) is amended by add11 ing at the end the following: 

12 ‘‘(4) APPRAISALS AND OFFERS OF COMPENSA13 TION.— 

14 ‘‘(A) APPRAISALS.— 

15 ‘‘(i) IN GENERAL.—The holder of a 

16 certificate of public convenience and neces17 sity shall have the property covered by the 

18 certificate independently appraised in ac19 cordance with generally accepted appraisal 

20 standards. 

21 ‘‘(ii) REQUIREMENT.—The owner of 

22 the applicable property (or a designated 

23 representative of the owner) shall be given 

24 the opportunity to accompany the ap25 praiser during any inspection of the propVerDate Sep 11 2014 03:52 Sep 17, 2022 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S4864.IS S4864

kjohnson on DSK79L0C42PROD with BILLS
15 

•S 4864 IS

1 erty that is part of an appraisal under 

2 clause (i). 

3 ‘‘(iii) TIMING.—An appraisal under 

4 clause (i) shall be carried out before the 

5 holder of the certificate of public conven6 ience and necessity makes an offer of com7 pensation to the owner of the applicable 

8 property. 

9 ‘‘(B) OFFERS OF COMPENSATION.—Any 

10 offer of compensation made to an owner of 

11 property that is covered by a certificate of pub12 lic convenience and necessity— 

13 ‘‘(i) shall be made in writing; 

14 ‘‘(ii) may not be for an amount less 

15 than the fair market value of the property, 

16 as determined by an appraisal carried out 

17 under subparagraph (A); and 

18 ‘‘(iii) shall include damages to any 

19 property of the owner that is adjacent to 

20 the property covered by the certificate. 

21 ‘‘(5) JURISDICTION OVER EMINENT DOMAIN AC22 TIONS.—No court shall have jurisdiction over any 

23 action to exercise the right of eminent domain under 

24 this subsection unless— 


kjohnson on DSK79L0C42PROD with BILLS
16 

•S 4864 IS

1 ‘‘(A) an appraisal has been carried out in 

2 accordance with subparagraph (A) of paragraph 

3 (4); and 

4 ‘‘(B) the holder of the certificate of public 

5 convenience and necessity has made an offer of 

6 compensation to the owner of the applicable 

7 property in accordance with subparagraph (B) 

8 of that paragraph. 

9 ‘‘(6) RIGHT OF POSSESSION.—An owner of 

10 property covered by a certificate of public conven11 ience and necessity shall not be required to sur12 render possession of the property unless the holder 

13 of the certificate— 

14 ‘‘(A) has paid to the owner the agreed pur15 chase price; or 

16 ‘‘(B) has deposited with the applicable 

17 court the amount of the award of compensation 

18 in the condemnation proceeding for the prop19 erty.’’. 

20 SEC. 6. PROCESS COORDINATION FOR ENVIRONMENTAL 

21 REVIEW. 

22 Section 15 of the Natural Gas Act (15 U.S.C. 717n) 

23 is amended by adding at the end the following: 

24 ‘‘(g) ENVIRONMENTAL REVIEW FOR INTERSTATE

25 NATURAL GAS PIPELINES.— 


kjohnson on DSK79L0C42PROD with BILLS
17 

•S 4864 IS

1 ‘‘(1) DEFINITIONS.—In this subsection: 

2 ‘‘(A) FEDERAL AUTHORIZATION.— 

3 ‘‘(i) IN GENERAL.—The term ‘Federal 

4 authorization’ means any authorization re5 quired under Federal law with respect to 

6 an application for a certificate of public 

7 convenience and necessity under section 7. 

8 ‘‘(ii) INCLUSIONS.—The term ‘Federal 

9 authorization’ includes any permits, special 

10 use authorizations, certifications, opinions, 

11 or other approvals as may be required 

12 under Federal law with respect to an appli13 cation for a certificate of public conven14 ience and necessity under section 7. 

15 ‘‘(B) PROJECT.—The term ‘project’ means 

16 a project for the construction or extension of fa17 cilities for the transportation in interstate com18 merce of natural gas that requires Federal au19 thorization. 

20 ‘‘(2) CUMULATIVE IMPACTS ANALYSIS.—In con21 sidering an application for Federal authorization for 

22 a project in a State, if, during the 1-year period be23 ginning on the date on which the application is filed, 

24 an application for Federal authorization for a sepa25 rate project is filed, and that project is located in 


kjohnson on DSK79L0C42PROD with BILLS
18 

•S 4864 IS

1 the same State and within 100 miles of the first 

2 project, the Commission shall consider both projects 

3 to be 1 project for purposes of complying with the 

4 National Environmental Policy Act of 1969 (42 

5 U.S.C. 4321 et seq.). 

6 ‘‘(3) SUPPLEMENTAL ENVIRONMENTAL IMPACT

7 STATEMENTS.— 

8 ‘‘(A) IN GENERAL.—If the Commission de9 termines that comments submitted in response 

10 to a draft environmental impact statement pre11 pared with respect to an application for Federal 

12 authorization raise issues that exceed the initial 

13 scope of the draft environmental impact state14 ment, a supplemental environmental impact 

15 statement shall be prepared for the project. 

16 ‘‘(B) MITIGATION PLANS.—If a draft envi17 ronmental impact statement prepared with re18 spect to an application for Federal authoriza19 tion does not include information about mitiga20 tion plans for adverse impacts that cannot rea21 sonably be avoided, a supplemental environ22 mental impact statement shall be prepared that 

23 includes that information. 

24 ‘‘(4) PUBLIC MEETING REQUIREMENTS.— 


kjohnson on DSK79L0C42PROD with BILLS
19 

•S 4864 IS

1 ‘‘(A) IN GENERAL.—In complying with the 

2 National Environmental Policy Act of 1969 (42 

3 U.S.C. 4321 et seq.) with respect to an applica4 tion for Federal authorization, the Commission 

5 shall ensure that public meetings shall be 

6 held— 

7 ‘‘(i) in each county or equivalent sub8 division in which the project will be lo9 cated; and 

10 ‘‘(ii) during each period of public com11 ment preceding, if applicable, publication 

12 of— 

13 ‘‘(I) a draft environmental im14 pact statement; 

15 ‘‘(II) a final environmental im16 pact statement; and 

17 ‘‘(III) any supplemental environ18 mental impact statement. 

19 ‘‘(B) NOTICE.—The Commission shall en20 sure that notice of each meeting held under 

21 subparagraph (A)— 

22 ‘‘(i) is provided to the public and each 

23 interested party not later than 30 days be24 fore the date of the meeting; and 


kjohnson on DSK79L0C42PROD with BILLS
20 

•S 4864 IS

1 ‘‘(ii) includes the information de2 scribed in section 7(d)(2)(B)(i).’’. 

3 SEC. 7. IMPACTS ON CRITICAL NATURAL RESOURCES. 

4 Subsection (g) of section 15 of the Natural Gas Act 

5 (15 U.S.C. 717n) (as added by section 6) is amended by 

6 adding at the end the following: 

7 ‘‘(5) NATIONAL SCENIC TRAILS.— 

8 ‘‘(A) IN GENERAL.—In preparing an envi9 ronmental impact statement with respect to an 

10 application for Federal authorization for a 

11 project, any evaluation of the visual impacts of 

12 the project on a national scenic trail designated 

13 by the National Trails System Act (16 U.S.C. 

14 1241 et seq.) in the environmental impact 

15 statement shall— 

16 ‘‘(i) consider the cumulative visual im17 pacts of any similar proposed project— 

18 ‘‘(I) for which an application for 

19 Federal authorization is in the pre-fil20 ing or filing stage; and 

21 ‘‘(II) that impacts the same na22 tional scenic trail within 100 miles of 

23 the first project; and 

24 ‘‘(ii) include visual impact simulations 

25 depicting leaf-on and leaf-off views at each 


kjohnson on DSK79L0C42PROD with BILLS
21 

•S 4864 IS

1 location where major visual impacts occur, 

2 as identified, authenticated, and justified 

3 during the period of public comment pre4 ceding the publication of a draft environ5 mental impact statement by the head of 

6 the Federal agency or independent agency 

7 administering the land at the applicable lo8 cation. 

9 ‘‘(B) NATIONAL FOREST MANAGEMENT

10 PLANS.—No amendment to a National Forest 

11 management plan under the Forest and Range12 land Renewable Resources Planning Act of 

13 1974 (16 U.S.C. 1600 et seq.) shall be consid14 ered if the result of the amendment represents 

15 net degradation to the resources of a national 

16 scenic trail designated by the National Trails 

17 System Act (16 U.S.C. 1241 et seq.).’’. 

18 SEC. 8. JUDICIAL REVIEW. 

19 Section 19(a) of the Natural Gas Act (15 U.S.C. 

20 717r(a)) is amended— 

21 (1) in the sixth sentence, by striking ‘‘Until the 

22 record’’ and inserting the following: 

23 ‘‘(5) POWERS OF THE COMMISSION.—Until the 

24 record’’; 


kjohnson on DSK79L0C42PROD with BILLS
22 

•S 4864 IS

1 (2) in the fifth sentence, by striking ‘‘No pro2 ceeding’’ and inserting the following: 

3 ‘‘(4) APPLICATION REQUIRED FOR JUDICIAL

4 REVIEW.—No proceeding’’; 

5 (3) by striking the fourth sentence and insert6 ing the following: 

7 ‘‘(B) EFFECT OF FAILURE TO TIMELY

8 RULE ON THE MERITS.— 

9 ‘‘(i) IN GENERAL.—If the Commission 

10 has not ruled on the merits of an applica11 tion for rehearing under this subsection by 

12 the date that is 30 days after the date on 

13 which the application for rehearing is filed 

14 with the Commission, the application for 

15 rehearing shall be deemed denied on that 

16 date. 

17 ‘‘(ii) ORDERS GRANTING REHEARING

18 FOR FURTHER CONSIDERATION.—For pur19 poses of clause (i), an order granting an 

20 application for rehearing solely for the pur21 pose of further considering the issues 

22 raised in the application for rehearing shall 

23 not be considered to be a ruling on the 

24 merits of the application for rehearing. 


kjohnson on DSK79L0C42PROD with BILLS
23 

•S 4864 IS

1 ‘‘(iii) JUDICIAL REVIEW.—An applica2 tion for rehearing that is deemed denied 

3 under clause (i) may be reviewed by a 

4 court of appeals of the United States in 

5 accordance with subsection (b).’’; 

6 (4) in the third sentence, by striking ‘‘Upon 

7 such application’’ and inserting the following: 

8 ‘‘(3) DECISION ON APPLICATION.— 

9 ‘‘(A) IN GENERAL.—On an application for 

10 rehearing under this subsection,’’; 

11 (5) in the second sentence, by striking ‘‘The ap12 plication’’ and inserting the following: 

13 ‘‘(2) CONTENTS.—An application’’; and 

14 (6) by striking the subsection designation and 

15 all that follows through ‘‘Any person’’ in the first 

16 sentence and inserting the following: 

17 ‘‘(a) APPLICATION FOR REHEARING.— 

18 ‘‘(1) IN GENERAL.—Any person’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS