Page:United States Statutes at Large Volume 92 Part 3.djvu/508

 92 STAT. 3140

PUBLIC LAW 95-617—NOV. 9, 1978

'TVA') to take any action shall take effect for 60 days following the date of issuance of the order. Within 60 days following the issuance by the Commission of any order under section 210 or of section 211 requiring the TVA to enter into any contract for the sale or delivery of power, the Commission may on its own motion initiate, or upon petition of any aggrieved person shall initiate, an evidentiary hearing to determine whether or not such sale or delivery would result in violation of the third sentence of section 15d(a) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831n-4), hereinafter in this subsection referred to as the TVA Act. "(2) Upon initiation of any evidentiary hearing under paragraph (1), the Commission shall give notice thereof to any applicant who applied for and obtained the order from the Commission, to any electric utility or other entity subject to such order, and to the public, and shall promptly make the determination referred to in paragraph (1). Upon initiation of such hearing, the Commission shall stay the effecAnte, pp. 2135, tiveness of the order under section 210 or 211 until whichever of the 2137. following dates is applicable— "(A) the date on which there is a final determination (including any judicial review thereof under paragraph (3)) that no such violation would result from such order, or "(B) the date on which a specific authorization of the Congress (within the meaning of the third sentence of section 15d(a) of the TVA Act) takes effect. "(3) Any determination under paragraph (1) shall be reviewable only in the appropriate court of the United States upon petition filed by any aggrieved person or municipality within 60 days after such determination, and such court shall have jurisdiction to grant appropriate relief. Any applicant who applied for and obtained the order under section 210 or 211, and any electric utility or other entity subject to such order shall have the right to intervene in any such proceeding in such court. Except for review by such court (and any appeal or other review by an appellate court of the United States), no court shall have jurisdiction to consider any action brought by any person to enjoin the carrying out of any order of the Commission under section 210 or section 211 requiring the TVA to take any action on the grounds that such action requires a specific authorization of the Congress pursuant to the third sentence of section 15d(a) of the TVA Act.", (b) APPLICATION OF FEDERAL POWER ACT.— (1) Section 201(b) of 16 USC 824. such Act is amended by inserting " (1) " after " (b) ", by inserting "except as provided in paragraph (2)" after "but" in the first sentence thereof, and by adding the following at the end thereof: Ante, p. 3138. " (2) The provisions of sections 210, 211, and 212 shall apply to the entities described in such provisions, and such entities shall be subject to the jurisdiction of the Commission for purposes of carrying out such provisions and for purposes of applying the enforcement authorities of this Act with respect to such provisions. Compliance with any order of the Commission under the provisions of section 210 or 211, shall not make an electric utility or other entity subject to the jurisdiction of the Commission for any purposes other than the purposes specified in the preceding sentence.". (2) Section 201(e) of such Act is amended by inserting " (other than facilities subject to such jurisdiction solely by reason of section 210,211, or 212)" after "under this part". 16 USC 824a-l. SEC. 205. POOLING. (a) STATE LAWS.—The Commission may, on its own motion, and

shall, on application of any person or governmental entity, after

�