Page:United States Statutes at Large Volume 94 Part 3.djvu/87

 PUBLIC LAW 96-501—DEC. 5, 1980

94 STAT. 2731

(3) the availability of capacity in the Federal transmission system, the Administrator shall provide transmission access, load factoring, storage and other services normally attendant thereto to such utilities and shall not discriminate against any utility or group thereof on the basis of independent development of such resource in providing such services. (e)(1) For purposes of sections 701 through 706 of title 5, United Judicial review. States Code, the following actions shall be final actions subject to judicial review— (A) adoption of the plan or amendments thereto by the Council under section 4, adoption of the program by the Council, and any determination by the Council under section 4(h); (B) sales, exchanges, and purchases of electric power under section 5; (C) the Administrator's acquisition of resources under section 6; (D) implementation of conservation measures under section 6; (E) execution of contracts for assistance to sponsors under section 6(f); (F) granting of credits under section 6(h); (G) final rate determinations under section 7; and (H) any rule prescribed by the Administrator under section (7)(m)(2)of thisAct. (2) The record upon review of such final actions shall be limited to the administrative record compiled in accordance with this Act. The scope of review of such actions without a hearing or after a hearing shall be governed by section 706 of title 5, United States Code, except that final determinations regarding rates under section 7 shall be supported by substantial evidence in the rulemaking record required by section 7(i) considered as a whole. The scope of review of an action under section 6(c) shall be governed by section 706 of title 5, United States Code. Nothing in this section shall be construed to require a hearing pursuant to section 554, 556, or 557 of title 5 of the United States Code. (3) Nothing in this section shall be construed to preclude judicial review of other final actions and decisions by the Council or Administrator. (4) For purposes of this subsection— (A) major resources shall be deemed to be acquired upon publication in the Federal Register pursuant to section 6(c)(4)(B); (B) resources, other than major resources, shall be deemed to be acquired upon execution of the contract therefor; (C) conservation measures shall be deemed to be implemented upon execution of the contract or grant therefor; and (D) rate determinations pursuant to section 7 shall be deemed final upon confirmation and approval by the Federal Energy Regulatory Commission. (5) Suits to challenge the constitutionality of this Act, or any action Suits. thereunder, final actions and decisions taken pursuant to this Act by the Administrator or the Council, or the implementation of such final actions, whether brought pursuant to this Act, the Bonneville Project Act, the Act of August 31, 1964 (16 U.S.C. 837-837h), or the Federal 16 USC 832-832/. Columbia River Transmission System Act (16 U.S.C. 838 and following), shall be filed in the United States court of appeals for the region. Such suits shall be filed within ninety days of the time such action or Notice, publication in decision is deemed final, or, if notice of the action is required by this Federal Act to be published in the Federal Register, within ninety days from Register.

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