Administrative Law: Exhaustion of Administrative Remedies

摘要

On December 1, 1999, Williston submits a general rate increase to the FERC pursuant to Section 4 of the Natural Gas Act. On May 9, 2001, after an extensive hearing the Administrative Law Judge takes issue with Williston's depreciation methodology. The FERC issues an initial order on July 3, 2003, affirming in part and reversing in part the ALJ's decision. FERC rejects the proposed rates and orders Williston to make a compliance filing. Williston submits the required compliance filing but also files a timely request for rehearing of the initial order. The Commission rejects the compliance filing and orders Williston to disburse refunds within 30 days. The Commission also rejects Williston's request for rehearing on May 11, 2004. Under the Natural Gas Act, a party has 30 days after issuance of an order to request a rehearing. 15 U.S.C. § 717r(a). The complaining party than has sixty days after the order of the Commission upon the application for rehearing to file a petition for review in the appropriate court of appeals. 15 U.S.C. § 717r(b). The sixty-day period for seeking judicial review is jurisdictional in nature. The filing of a request for administrative reconsideration may toll the sixty-day period in which to seek judicial review but only in the case where the request for reconsideration is itself timely filed. The Williston motion for reconsideration was filed 34 days for FERC's rehearing order and therefore missed the deadline by 4 days. Because the failure to timely file a request for judicial review is jurisdictional in nature, the court lacks jurisdiction to hear Williston's appeal.