‘‘(1) IN GENERAL.—Any person, State, munici-
pality, 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 rehear-
ing within 30 days after the issuance of such order. 
The application for rehearing shall set forth specifi-
cally the ground or grounds upon which such appli-
cation is based. Upon such application the Commis-
sion shall have power to grant or deny rehearing or 
to abrogate or modify its order without further hear-
ing. No proceeding to review any order of the Com-
mission shall be brought by any person unless such 
person shall have made application to the Commis-
sion for a rehearing thereon. Until the record in a 
proceeding shall have been filed in a court of ap-
peals, 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 para-
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graph (1) by the date that is 90 days after the 
date on which the applicable order is issued. 
‘‘(B) LACK OF QUORUM.—If the Commis-
sion 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 Commis-
sion 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 author-
ize any construction-related activity that is 
related to the order; and 
‘‘(ii) notwithstanding section 7(h), a 
holder of a certificate of public convenience 
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and necessity that is the subject of the 
order may not exercise the right of emi-
nent domain to acquire land or other prop-
erty 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 ap-
plication is deemed to be denied, as appli-
cable.’’. 
Æ 
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