Page:United States Statutes at Large Volume 92 Part 3.djvu/771

 PUBLIC LAW 95-621—NOV. 9, 1978

92 STAT. 3403

respect to such acts or omissions not misleading in light of circumstances under such statement was made. (E) ASSESSED BY COMMISSION.—Before assessing any civil penalty under this paragraph, the Commission shall provide to such person notice of the proposed penalty. Following receipt of notice of the proposed penalty by such person, the Commission shall, by order, asssess such penalty. (F) JUDICIAL REVIEW.—If the civil penalty has not been paid within 60 calendar days after the assessment order has been made under subparagraph (E), the Commission shall institute an action in the appropriate district court of the United States for an order affirming the assessment of the civil penalty. The court shall have authority to review de novo the law and the facts involved, and shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, such assessment. (c) CRIMINAL PENALTIES.— (1) VIOLATIONS OF ACT.—Except in the case of violations

covered under paragraph (3), any person who knowingly and willfully violates any provision of this Act shall be subject to— (A) a fine of not more than $5,000; or (B) imprisonment for not more than two years; or (C) both such fine and such imprisonment. (2) VIOLATION OF RULES OR ORDERS GENERALLY.—Except in the

case of violations covered under paragraph (3), any person who knowingly and willfully violates any rule or order under this Act (other than an order of the Commission assessing a civil penalty under subsection (b)(4)(E)), shall be subject to a fine of not more than $500 for each violation. (3) VIOLATIONS OF EMERGENCY ORDERS.—Any person who knowingly and willfully violates an order under section 302 or an order Ante, p. 3382. or supplemental order under section 303 shall be fined not more Ante, p. 3383. than $50,000 for each violation. (4) EACH DAY SEPARATE VIOLATION.—For purposes of this subsection, each day of violation shall constitute a separate violation. (5) DEFINITION OF KNOWINGLY.—For purposes of this subsection, the term "knowingly", when used with respect to any act or omission by any person, means such person— (A^ had actual knowledge; or (B) had constructive knowledge deemed to be possessed by a reasonable individual who acts under similar circumstances. SEC. 505. INTERVENTION. (a) AUTHORITY To INTERVENE.— (1) INTERVENTION AS MATTER OF RIGHT.—The Secretary of

Energy may intervene as a matter of right in any proceeding relating to the prorationing of, or other limitations upon, natur^U gas production which "is conducted by any State agency having regulatory jurisdiction over the production of natural gas. (2) ENFORCEMENT OF RIGHT TO INTERVENE.—The Secretary may

bring an action in any appropriate court of the United States to enforce his right to intervene under paragraph (1). (3) ACCESS TO INFORMATION.—As an intervenor in a proceeding described in subsection (a), the Secretary shall have access to information available to other parties to the proceeding if such

15 USC 3415.

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