S.Amdt. 1448

SA 1448. Mr. SCHUMER (for himself, Mrs. Gillibrand, Mr. Cardin, and
Mr. Van Hollen) submitted an amendment intended to be proposed to
amendment SA 1407 submitted by Ms. Murkowski and intended to be
proposed to the bill S. 2657, to support innovation in advanced
geothermal research and development, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title II, add the following:

Subtitle D--Federal Energy Regulatory Commission

SEC. 24__. JUDICIAL REVIEW OF FERC DECISIONS.

(a) Natural Gas Act.--Section 19(a) of the Natural Gas Act
(15 U.S.C. 717r(a)) is amended--
(1) in the sixth sentence, by striking ``Until the record''
and inserting the following:
``(5) Powers of the commission.--Until the record'';
(2) in the fifth sentence, by striking ``No proceeding''
and inserting the following:
``(4) Application required for judicial review.--No
proceeding'';
(3) by striking the fourth sentence and inserting the
following:
``(B) Timing.--
``(i) In general.--The Commission shall issue an order on
an application for rehearing filed under this subsection not
later than 30 days after the date on which the application is
filed with the Commission.
``(ii) Tolling orders.--If an order issued under clause (i)
does not rule on the merits of the application for rehearing,
the Commission shall issue an order ruling on the merits of
the application for rehearing not later than 30 days after
the date on which the order under clause (i) is issued.
``(iii) Effect of failure to issue order or rule on the
merits.--

``(I) Effect of failure to issue order.--If the Commission
has neither granted nor denied an application for rehearing
by the date described in clause (i), the application shall be
deemed denied on that date.
``(II) Effect of failure to rule on the merits.--If the
Commission has not ruled on the merits of an application for
rehearing by the date described in clause (ii), the
application shall be deemed denied on that date.
``(III) Judicial review.--An application that is deemed
denied under subclause (I) or (II) may be reviewed by a court
of appeals of the United States in accordance with subsection
(b).'';

(4) in the third sentence, by striking ``Upon such
application'' and inserting the following:
``(3) Decision on application.--
``(A) In general.--On an application for rehearing under
this subsection,'';
(5) in the second sentence, by striking ``The application''
and inserting the following:
``(2) Contents.--An application''; and
(6) by striking the subsection designation and all that
follows through ``Any person'' in the first sentence and
inserting the following:
``(a) Application for Rehearing.--
``(1) In general.--Any person''.
(b) Federal Power Act.--Section 313(a) of the Federal Power
Act (16 U.S.C. 825l(a)) is amended--
(1) in the sixth sentence, by striking ``Until the record''
and inserting the following:
``(5) Powers of the commission.--Until the record'';
(2) in the fifth sentence, by striking ``No proceeding''
and inserting the following:
``(4) Application required for judicial review.--No
proceeding'';
(3) by striking the fourth sentence and inserting the
following:
``(B) Timing.--
``(i) In general.--The Commission shall issue an order on
an application for rehearing filed under this subsection not
later than 30 days after the date on which the application is
filed with the Commission.
``(ii) Tolling orders.--If an order issued under clause (i)
does not rule on the merits of the application for rehearing,
the Commission shall issue an order ruling on the merits of
the application for rehearing not later than 30 days after
the date on which the order under clause (i) is issued.
``(iii) Effect of failure to issue order or rule on the
merits.--

``(I) Effect of failure to issue order.--If the Commission
has neither granted nor denied an application for rehearing
by the date described in clause (i), the application shall be
deemed denied on that date.
``(II) Effect of failure to rule on the merits.--If the
Commission has not ruled on the merits of an application for
rehearing by the date described in clause (ii), the
application shall be deemed denied on that date.
``(III) Judicial review.--An application that is deemed
denied under subclause (I) or (II) may be reviewed by a court
of appeals of the United States in accordance with subsection
(b).''.

(4) in the third sentence, by striking ``Upon such
application'' and inserting the following:
``(3) Decision on application.--
``(A) In general.--On an application for rehearing under
this subsection,'';
(5) in the second sentence, by striking ``The application''
and inserting the following:
``(2) Contents.--An application''; and
(6) by striking the subsection designation and all that
follows through ``Any person'' in the first sentence and
inserting the following:
``(a) Application for Rehearing.--
``(1) In general.--Any person''.
______