Page:United States Statutes at Large Volume 109 Part 1.djvu/943

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PUBLIC LAW 104-88—DEC. 29, 1995 109 STAT. 927 against a pipeline carrier providing transportation subject to this part because of the absence of direct damage to the complainant. "(c) AUTOMATIC DISMISSAL.— ^A formal investigative proceeding begun by the Board under subsection (a) is dismissed automatically unless it is concluded by the Board with administrative finality by the end of the 3d year after the date on which it was begun. "§ 15902. Enforcement by the Board "The Board may bring a civil action to enforce an order of the Board, except a civil action to enforce an order for the payment of money, when it is violated by a pipeline carrier providing transportation subject to this part. "§ 15903. Enforcement by the Attorney General "(a) ON BEHALF OF BOARD. — The Attorney General may, and on request of the Board shall, bring court proceedings to enforce this part or a regulation or order of the Board and to prosecute a person violating this part or a regulation or order of the Board issued under this part. "(b) ON BEHALF OF OTHERS.— The United States Government may bring a civil action on behalf of a person to compel a pipeline carrier providing transportation or service subject to this part to provide that transportation or service lo that person in compliance with this part at the same rate charged, or on conditions as favorable as those given by the carrier, for like traffic under similar conditions to another person. "§ 15904. Rights and remedies of persons injured by pipeline carriers "(a) ENFORCEMENT OF ORDERS.— ^A person injured because a pipeline carrier providing transportation or service subject to this part does not obey an order of the Board, except an order for the payment of money, may bring a civil action to enforce that order under this subsection. "(b) LIABILITY OF CARRIER.— "(1) EXCESSIVE CHARGES.— A pipeline carrier providing transportation subject to this part is liable to a person for amounts charged that exceed the applicable rate for the transportation. "(2) DAMAGES. —^A pipeline carrier providing transportation subject to this part is liable for damages sustained by a person as a result of an act or omission of that carrier in violation of this part. "(c) COMPLAINTS.— "(1) FILING. —^A person may file a complaint with the Board under section 11501(b) or bring a civil action under subsection (b) to enforce liability against a pipeline carrier providing transportation subject to this part. "(2) PAYMENT DEi-dJLiNE. — When the Board makes an award under subsection (b), the Board shall order the carrier to pay the amount awarded by a specific date. The Board may order a carrier providing transportation subject to this part to pay damages only when the proceeding is on complaint. The person for whose benefit an order of the Board requiring the payment of money is made may bring a civil action to enforce that order under this paragraph if the carrier does not pay the amount awarded by the date payment was ordered to be made.