Page:United States Statutes at Large Volume 92 Part 3.djvu/767

 PUBLIC LAW 95-621—NOV. 9, 1978

92 STAT. 3399

of Appeals for any circuit in which such party is located or has its principal place of business, or in the United States Court of Appeals for the District of Columbia circuit. The reviewing court shall reverse any such decision if it finds such decision is a r b i t r a r y or capricious. (B) F I N D I N G S. — Any person aggrieved or adversely affected by a final finding of the Commission under paragraph (1) may within 60 days thereafter file a petition for review of such finding i n the United States Court of Appeals for any circuit in which the party involved in such determination is located or has its principal place of business, or in the United States Court of Appeals for the District of Columbia circuit. The reviewing court shall reverse any such finding of the Commission if the State or Federal agency determination involved is supported by substantial evidence. (c) STATE AUTHORITY. —

(1) GENERAL RULE.—A Federal or State agency having regulatory jurisdiction with respect to the production of natural gas is authorized to make determinations referred to in subsection (a). (2) W A IV E R. —

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(A) IN GENERAL.—Any Federal or State agency may, in whole or in part, waive its authority to make determinations referred to in subsection (a)(1) by entering into a n agreement in accordance with subparagraph (B). I f such agency executes such a waiver, the Commission shall, consistent with the agreement, make the determinations which would otherwise be made by such Federal or State agency until the earlier of— (i) the expiration of the period specified in the agreem e n t; or (ii) the date such agency transmits to the Commission written notice that it terminates such waiver and assumes . the authority to make determinations referred to in subsection (a)(1). Any waiver, or termination of any waiver, shall not apply to any determination with respect to any petition therefor which is pending before such agency or the Commission (as the case may be) on the date on which such a waiver o r revocation is made. (B) AGREEMENTS.—Any waiver under subparagraph (A) may be made only by a written agreement between the Federal or State agency involved and the Commission. Any such agreement shall set forth the terms and conditions applicable to such waiver. (3) PROCEDURES APPLICABLE.—Determinations of a Federal or

State agency referred to in subsection (a)(1) shall be made in accordance with the procedures generally applicable to such agency for the making of such determinations o r comparable determinations under the provisions of Federal or State law, as the case may be, pursuant to which they exercise their regulatory jurisdiction. The Commission may prescribe the form and content of filings with a Federal o r State agency in connection with determinations made under this section. (4) JUDICIAL REVIEW.—Any such determination referred to in

subsection (a)(1) made in accordance with procedures described in paragraph (3) shall not be subject to judicial review under any Federal or State law except as provided under subsection (b).

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