U.S. Code » Title 16 » Chapter CHAPTER 46— PUBLIC UTILITY REGULATORY POLICIES › Subchapter SUBCHAPTER III— INTERVENTION AND JUDICIAL REVIEW

16 U.S.C. § 2633

Judicial review and enforcement

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(a) Limitation of Federal jurisdictionNotwithstanding any other provision of law, no court of the United States shall have jurisdiction over any action arising under any provision of subchapter I or II or of this subchapter except for—(1) an action over which a court of the United States has jurisdiction under subsection (b) or (c)(2); and(2) review of any action in the Supreme Court of the United States in accordance with sections 1257 and 1258 of title 28.(b) Enforcement of intervention right(1) The Secretary may bring an action in any appropriate court of the United States to enforce his right to intervene and participate under section 2631(a) of this title, and such court shall have jurisdiction to grant appropriate relief.(2) If any electric utility or electric consumer having a right to intervene under section 2631(a) of this title is denied such right by any State court, such electric utility or electric consumer may bring an action in the appropriate United States district court to require the State regulatory authority or nonregulated electric utility to permit such intervention and participation, and such court shall have jurisdiction to grant appropriate relief.(3) Nothing in this subsection prohibits any person bringing any action under this subsection in a court of the United States from seeking review and enforcement at any time in any State court of any rights he may have with respect to any motion to intervene or participate in any proceeding.(c) Review and enforcement(1) Any person (including the Secretary) may obtain review of any determination made under subchapter I or II or under this subchapter with respect to any electric utility (other than a utility which is a Federal agency) in the appropriate State court if such person (or the Secretary) intervened or otherwise participated in the original proceeding or if State law otherwise permits such review. Any person (including the Secretary) may bring an action to enforce the requirements of this chapter in the appropriate State court, except that no such action may be brought in a State court with respect to a utility which is a Federal agency. Such review or action in a State court shall be pursuant to any applicable State procedures.(2) Any person (including the Secretary) may obtain review in the appropriate court of the United States of any determination made under subchapter I or II or this subchapter by a Federal agency if such person (or the Secretary) intervened or otherwise participated in the original proceeding or if otherwise applicable law permits such review. Such court shall have jurisdiction to grant appropriate relief. Any person (including the Secretary) may bring an action to enforce the requirements of subchapter I or II or this subchapter with respect to any Federal agency in the appropriate court of the United States and such court shall have jurisdiction to grant appropriate relief.(3) In addition to his authority to obtain review under paragraph (1) or (2), the Secretary may also participate as an amicus curiae in any review by any court of an action arising under the provisions of subchapter I or II or this subchapter.(d) Other authority of SecretaryNothing in this section prohibits the Secretary from—(1) intervening and participating in any proceeding, or(2) intervening and participating in any review by any court of any actionunder section 6804 of title 42.(Pub. L. 95–617, title I, § 123, Nov. 9, 1978, 92 Stat. 3130.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (c)(1), was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.

Notes of Decisions
Cited in 20 cases, 1981–2020 · leading case: Fed. Energy Regulatory Comm'n v. Mississippi, 456 U.S. 742 (1982).
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Fed. Energy Regulatory Comm'n v. Mississippi, 456 U.S. 742 (1982). · cites it 12× “16 U. S. C. § 2633 (c)(1); 15 U. S. C. § 3207 (b)(1).”
Exelon Wind 1, L.L.C. v. Donna Nelson, et a, 766 F.3d 380 (5th Cir. 2014). · cites it 3× “§ 2633 ); 16 U.S.C. § 2633 (“Any person . . . may obtain review of any determination made under [certain provisions] .”
City of Boulder v. Pub. Serv. Co. of Colorado, 996 P.2d 198 (Colo. Ct. App. 1999). · cites it 2× “16 U.S.C. § 2633 (c)(1) (1999) provides in pertinent part: Any person .”
Portland Gen. Elec. Co. v. Fed. Energy Regulatory Comm'n, 854 F.3d 692 (D.C. Cir. 2017). “2126 , the statute channels actions under this subsection into “the appropriate State court,” PURPA § 123(c)(1), 16 U.S.C. § 2633 (c)(1); see PURPA § 210(g)(2), 16 U.”
Greensboro Lumber Co. v. Georgia Power Co., 643 F. Supp. 1345 (N.D. Ga. 1986). “§ 824a-3(g)(2) (incorporating 16 U.S.C. § 2633 by reference). That this is the FERC’s interpretation of PURPA’s enforcement mechanism is clear.”
Allco Renewable Energy Ltd. v. Massachusetts Elec. Co., 208 F. Supp. 3d 390 (D. Mass. 2016). “§ 824a-3(g)(2) (incorporating 16 U.S.C. § 2633 ). The resulting scheme is one that differentiates between “implementation” claims and “as-applied” claims.”
Power v. Washington Water Power Co., 662 P.2d 374 (Wash. 1983). · cites it 2× “1981) (intervenors must exhaust state court remedies prior to bringing compensation action in federal court under 16 U.S.C. § 2633 ). PURPA is silent as to what constitutes adequate representation of consumer interests in state utility regulatory proceedings.”
New York State Elec. & Gas Corp. v. Saranac Power Partners, L.P., 117 F. Supp. 2d 211 (N.D.N.Y. 2000). “See 16 U.S.C. § 2633 (a). This Section deprives district courts of jurisdiction and bestows exclusive jurisdiction over such matters on state courts.”
Stanley U. Robinson, III v. Dep't of Pub. Utils., Etc., 835 F.2d 19 (1st Cir. 1987). · cites it 2× “” The record does not reflect that any appeal was taken. Jurisdiction Although it is not clear that all the decisions of which Robinson complains were properly before the district court or are properly before us, see 16 U.”
Bristol Energy Corp. v. State of New Hampshire Pub. Utils. Comm'n, 13 F.3d 471 (1st Cir. 1994). “That statute provides, in pertinent part: “Notwithstanding any other provision of law, no court of the United States shall have jurisdiction over any action arising under [ 16 U.S.C. §§ 2611-2634 ]....” The authority PUC cited for issuing its data requests is 16 U.”
Mtsun v. Psc, 2020 MT 238 (Mont. 2020). · cites it 2× “Convincingly, § 210(g) allows for judicial review in the “same manner, and under the same requirements,” as judicial review may be obtained under 16 U.S.C. § 2633 , of this title in the case of a proceeding to which § 123 applies.”
Metro. Washington Bd. of Trade v. Pub. Serv. Comm'n, 432 A.2d 343 (D.C. 1981). “PURPA provides in 16 U.S.C. § 2633 (c)(1): Any person (including the Secretary) may obtain review of any determination made under subchapter I or II of this chapter or under this subchapter with respect to any electric utility (other than a utility which is a Federal agency) in…”
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