US (United States) Code. Title 15. Chapter 15B: Natural Gas

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade

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-CITE-

15 USC CHAPTER 15B - NATURAL GAS 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

.

-HEAD-

CHAPTER 15B - NATURAL GAS

-MISC1-

Sec.

717. Regulation of natural gas companies.

(a) Necessity of regulation in public interest.

(b) Transactions to which provisions of chapter

applicable.

(c) Intrastate transactions exempt from provisions of

chapter; certification from State commission as

conclusive evidence.

(d) Vehicular natural gas jurisdiction.

717a. Definitions.

717b. Exportation or importation of natural gas.

(a) Mandatory authorization order.

(b) Free trade agreements.

(c) Expedited application and approval process.

717c. Rates and charges.

(a) Just and reasonable rates and charges.

(b) Undue preferences and unreasonable rates and

charges prohibited.

(c) Filing of rates and charges with Commission;

public inspection of schedules.

(d) Changes in rates and charges; notice to

Commission.

(e) Authority of Commission to hold hearings

concerning new schedule of rates.

717d. Fixing rates and charges; determination of cost of production

or transportation.

(a) Decreases in rates.

(b) Costs of production and transportation.

717e. Ascertainment of cost of property.

(a) Cost of property.

(b) Inventory of property; statements of costs.

717f. Construction, extension, or abandonment of facilities.

(a) Extension or improvement of facilities on order

of court; notice and hearing.

(b) Abandonment of facilities or services; approval

of Commission.

(c) Certificate of public convenience and necessity.

(d) Application for certificate of public convenience

and necessity.

(e) Granting of certificate of public convenience and

necessity.

(f) Determination of service area; jurisdiction of

transportation to ultimate consumers.

(g) Certificate of public convenience and necessity

for service of area already being served.

(h) Right of eminent domain for construction of

pipelines, etc.

717g. Accounts; records; memoranda.

(a) Rules and regulations for keeping and preserving

accounts, records, etc.

(b) Access to and inspection of accounts and records.

(c) Books, accounts, etc., of the person controlling

gas company subject to examination.

717h. Rates of depreciation.

(a) Depreciation and amortization.

(b) Rules.

717i. Periodic and special reports.

(a) Form and contents of reports.

(b) Unlawful conduct.

717j. State compacts for conservation, transportation, etc., of

natural gas.

(a) Assembly of pertinent information; report to

Congress.

(b) Assembly of information relative to operation of

compact; report to Congress.

(c) Availability of services, etc., of other

agencies.

717k. Officials dealing in securities.

717l. Complaints.

717m. Investigations by Commission.

(a) Power of Commission.

(b) Determination of adequacy of gas reserves.

(c) Administration of oaths and affirmations; subpena

of witnesses, etc.

(d) Jurisdiction of courts of United States.

(e) Testimony of witnesses.

(f) Deposition of witnesses in a foreign country.

(g) Witness fees.

717n. Hearings; rules of procedure.

(a) Hearings; parties.

(b) Procedure.

717o. Administrative powers of Commission; rules, regulations, and

orders.

717p. Joint boards.

(a) Reference of matters to joint boards; composition

and power.

(b) Conference with State commissions regarding rate

structure, costs, etc.

(c) Information and reports available to State

commissions.

717q. Appointment of officers and employees.

717r. Rehearing and review.

(a) Application for rehearing; time.

(b) Review of Commission order.

(c) Stay of Commission order.

717s. Enforcement of chapter.

(a) Action in district court for injunction.

(b) Mandamus.

(c) Employment of attorneys by Commission.

717t. General penalties.

717u. Jurisdiction of offenses; enforcement of liabilities and

duties.

717v. Separability.

717w. Short title.

717x. Conserved natural gas.

(a) Determination of entitlement.

(b) Conditions, limitations, etc.

(c) Definitions.

717y. Voluntary conversion of natural gas users to heavy fuel oil.

(a) Transfer of contractual interests.

(b) Commission approval.

(c) Restrictions on transfers unenforceable.

(d) Contractual obligations unaffected.

(e) Definitions.

(f) Coordination with this chapter.

(g) Volume limitation.

717z. Emergency conversion of utilities and other facilities.

(a) Presidential declaration.

(b) Limitation.

(c) Prohibitions.

(d) Limitations.

(e) Exemption for secondary uses.

(f) Exemption for air-quality emergencies.

(g) Limitation on injunctive relief.

(h) Definitions.

(i) Use of general terms.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 717x, 717y, 719c, 719j,

790a, 3301, 3362, 3371, 3372, 3374, 3393, 3394, 3412, 3431 of this

title; title 10 section 7430; title 16 section 2603; title 30

section 185; title 42 sections 7172, 7173, 8441; title 43 section

1353; title 49 section 60101; title 50 section 167i.

-CITE-

15 USC Sec. 717 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717. Regulation of natural gas companies

-STATUTE-

(a) Necessity of regulation in public interest

As disclosed in reports of the Federal Trade Commission made

pursuant to S. Res. 83 (Seventieth Congress, first session) and

other reports made pursuant to the authority of Congress, it is

declared that the business of transporting and selling natural gas

for ultimate distribution to the public is affected with a public

interest, and that Federal regulation in matters relating to the

transportation of natural gas and the sale thereof in interstate

and foreign commerce is necessary in the public interest.

(b) Transactions to which provisions of chapter applicable

The provisions of this chapter shall apply to the transportation

of natural gas in interstate commerce, to the sale in interstate

commerce of natural gas for resale for ultimate public consumption

for domestic, commercial, industrial, or any other use, and to

natural-gas companies engaged in such transportation or sale, but

shall not apply to any other transportation or sale of natural gas

or to the local distribution of natural gas or to the facilities

used for such distribution or to the production or gathering of

natural gas.

(c) Intrastate transactions exempt from provisions of chapter;

certification from State commission as conclusive evidence

The provisions of this chapter shall not apply to any person

engaged in or legally authorized to engage in the transportation in

interstate commerce or the sale in interstate commerce for resale,

of natural gas received by such person from another person within

or at the boundary of a State if all the natural gas so received is

ultimately consumed within such State, or to any facilities used by

such person for such transportation or sale, provided that the

rates and service of such person and facilities be subject to

regulation by a State commission. The matters exempted from the

provisions of this chapter by this subsection are declared to be

matters primarily of local concern and subject to regulation by the

several States. A certification from such State commission to the

Federal Power Commission that such State commission has regulatory

jurisdiction over rates and service of such person and facilities

and is exercising such jurisdiction shall constitute conclusive

evidence of such regulatory power or jurisdiction.

(d) Vehicular natural gas jurisdiction

The provisions of this chapter shall not apply to any person

solely by reason of, or with respect to, any sale or transportation

of vehicular natural gas if such person is -

(1) not otherwise a natural-gas company; or

(2) subject primarily to regulation by a State commission,

whether or not such State commission has, or is exercising,

jurisdiction over the sale, sale for resale, or transportation of

vehicular natural gas.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 1, 52 Stat. 821; Mar. 27, 1954, ch.

115, 68 Stat. 36; Pub. L. 102-486, title IV, Sec. 404(a)(1), Oct.

24, 1992, 106 Stat. 2879.)

-MISC1-

AMENDMENTS

1992 - Subsec. (d). Pub. L. 102-486 added subsec. (d).

1954 - Subsec. (c). Act Mar. 27, 1954, added subsec. (c).

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions with regard to

establishment, review, and enforcement of rates and charges for

transportation and sale of natural gas by a producer or gatherer or

by a natural gas pipeline or natural gas company transferred to

Federal Energy Regulatory Commission by sections 7172(a)(1)(C) and

7293 of Title 42, The Public Health and Welfare.

-MISC5-

STATE LAWS AND REGULATIONS

Section 404(b) of Pub. L. 102-486 provided that: ''The

transportation or sale of natural gas by any person who is not

otherwise a public utility, within the meaning of State law -

''(1) in closed containers; or

''(2) otherwise to any person for use by such person as a fuel

in a self-propelled vehicle,

shall not be considered to be a transportation or sale of natural

gas within the meaning of any State law, regulation, or order in

effect before January 1, 1989. This subsection shall not apply to

any provision of any State law, regulation, or order to the extent

that such provision has as its primary purpose the protection of

public safety.''

EMERGENCY NATURAL GAS ACT OF 1977

Pub. L. 95-2, Feb. 2, 1977, 91 Stat. 4, authorized President to

declare a natural gas emergency and to require emergency deliveries

and transportation of natural gas until the earlier of Apr. 30,

1977, or termination of emergency by President and provided for

antitrust protection, emergency purchases, adjustment in charges

for local distribution companies, relationship to Natural Gas Act,

effect of certain contractual obligations, administrative procedure

and judicial review, enforcement, reporting to Congress, delegation

of authorities, and preemption of inconsistent State or local

action.

-EXEC-

EXECUTIVE ORDER NO. 11969

Ex. Ord. No. 11969, Feb. 2, 1977, 42 F.R. 6791, as amended by Ex.

Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, which delegated to the

Secretary of Energy the authority vested in the President by the

Emergency Natural Gas Act of 1977 except the authority to declare

and terminate a natural gas emergency, was revoked by Ex. Ord. No.

12553, Feb. 25, 1986, 51 F.R. 7237.

PROCLAMATION NO. 4485

Proc. No. 4485, Feb. 2, 1977, 42 F.R. 6789, declared that a

natural gas emergency existed within the meaning of section 3 of

the Emergency Natural Gas Act of 1977, set out as a note above,

which emergency was terminated by Proc. No. 4495, Apr. 1, 1977, 42

F.R. 18053, formerly set out below.

PROCLAMATION NO. 4495

Proc. No. 4495, Apr. 1, 1977, 42 F.R. 18053, terminated the

natural gas emergency declared to exist by Proc. No. 4485, Feb. 2,

1977, 42 F.R. 6789, formerly set out above.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3301, 3431 of this title;

title 42 section 7172.

-CITE-

15 USC Sec. 717a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717a. Definitions

-STATUTE-

When used in this chapter, unless the context otherwise requires

-

(1) ''Person'' includes an individual or a corporation.

(2) ''Corporation'' includes any corporation, joint-stock

company, partnership, association, business trust, organized

group of persons, whether incorporated or not, receiver or

receivers, trustee or trustees of any of the foregoing, but shall

not include municipalities as hereinafter defined.

(3) ''Municipality'' means a city, county, or other political

subdivision or agency of a State.

(4) ''State'' means a State admitted to the Union, the District

of Columbia, and any organized Territory of the United States.

(5) ''Natural gas'' means either natural gas unmixed, or any

mixture of natural and artificial gas.

(6) ''Natural-gas company'' means a person engaged in the

transportation of natural gas in interstate commerce, or the sale

in interstate commerce of such gas for resale.

(7) ''Interstate commerce'' means commerce between any point in

a State and any point outside thereof, or between points within

the same State but through any place outside thereof, but only

insofar as such commerce takes place within the United States.

(8) ''State commission'' means the regulatory body of the State

or municipality having jurisdiction to regulate rates and charges

for the sale of natural gas to consumers within the State or

municipality.

(9) ''Commission'' and ''Commissioner'' means the Federal Power

Commission, and a member thereof, respectively.

(10) ''Vehicular natural gas'' means natural gas that is

ultimately used as a fuel in a self-propelled vehicle.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 2, 52 Stat. 821; Pub. L. 102-486,

title IV, Sec. 404(a)(2), Oct. 24, 1992, 106 Stat. 2879.)

-MISC1-

AMENDMENTS

1992 - Par. (10). Pub. L. 102-486 added par. (10).

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and

7293 of Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 717y, 3431 of this title;

title 43 section 1862.

-CITE-

15 USC Sec. 717b 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717b. Exportation or importation of natural gas

-STATUTE-

(a) Mandatory authorization order

After six months from June 21, 1938, no person shall export any

natural gas from the United States to a foreign country or import

any natural gas from a foreign country without first having secured

an order of the Commission authorizing it to do so. The Commission

shall issue such order upon application, unless, after opportunity

for hearing, it finds that the proposed exportation or importation

will not be consistent with the public interest. The Commission

may by its order grant such application, in whole or in part, with

such modification and upon such terms and conditions as the

Commission may find necessary or appropriate, and may from time to

time, after opportunity for hearing, and for good cause shown, make

such supplemental order in the premises as it may find necessary or

appropriate.

(b) Free trade agreements

With respect to natural gas which is imported into the United

States from a nation with which there is in effect a free trade

agreement requiring national treatment for trade in natural gas,

and with respect to liquefied natural gas -

(1) the importation of such natural gas shall be treated as a

''first sale'' within the meaning of section 3301(21) of this

title; and

(2) the Commission shall not, on the basis of national origin,

treat any such imported natural gas on an unjust, unreasonable,

unduly discriminatory, or preferential basis.

(c) Expedited application and approval process

For purposes of subsection (a) of this section, the importation

of the natural gas referred to in subsection (b) of this section,

or the exportation of natural gas to a nation with which there is

in effect a free trade agreement requiring national treatment for

trade in natural gas, shall be deemed to be consistent with the

public interest, and applications for such importation or

exportation shall be granted without modification or delay.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 3, 52 Stat. 822; Pub. L. 102-486,

title II, Sec. 201, Oct. 24, 1992, 106 Stat. 2866.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-486 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Energy and Commission, Commissioners, or other

official in Federal Energy Regulatory Commission related to

compliance with authorizations for importation of natural gas from

Alberta as predeliveries of Alaskan gas issued under this section

with respect to pre-construction, construction, and initial

operation of transportation system for Canadian and Alaskan natural

gas transferred to the Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Sec. 102(d),

203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July

1, 1979, set out under section 719e of this title. Office of

Federal Inspector for the Alaska Natural Gas Transportation System

abolished and functions and authority vested in Inspector

transferred to Secretary of Energy by section 3012(b) of Pub. L.

102-486, set out as an Abolition of Office of Federal Inspector

note under section 719e of this title.

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and

7293 of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out in the Appendix

to Title 5, Government Organization and Employees.

DELEGATION OF FUNCTIONS

Functions of President respecting certain facilities constructed

and maintained on United States borders delegated to Secretary of

State, see Ex. Ord. No. 11423, Aug. 16, 1968, 33 F.R. 11741, set

out as a note under section 301 of Title 3, The President.

-EXEC-

EX. ORD. NO. 10485. PERFORMANCE OF FUNCTIONS RESPECTING ELECTRIC

POWER AND NATURAL GAS FACILITIES LOCATED ON UNITED STATES BORDERS

Ex. Ord. No. 10485. Sept. 3, 1953, 18 F.R. 5397, as amended by

Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, provided:

Section 1. (a) The Secretary of Energy is hereby designated and

empowered to perform the following-described functions:

(1) To receive all applications for permits for the construction,

operation, maintenance, or connection, at the borders of the United

States, of facilities for the transmission of electric energy

between the United States and a foreign country.

(2) To receive all applications for permits for the construction,

operation, maintenance, or connection, at the borders of the United

States, of facilities for the exportation or importation of natural

gas to or from a foreign country.

(3) Upon finding the issuance of the permit to be consistent with

the public interest, and, after obtaining the favorable

recommendations of the Secretary of State and the Secretary of

Defense thereon, to issue to the applicant, as appropriate, a

permit for such construction, operation, maintenance, or

connection. The Secretary of Energy shall have the power to attach

to the issuance of the permit and to the exercise of the rights

granted thereunder such conditions as the public interest may in

its judgment require.

(b) In any case wherein the Secretary of Energy, the Secretary of

State, and the Secretary of Defense cannot agree as to whether or

not a permit should be issued, the Secretary of Energy shall submit

to the President for approval or disapproval the application for a

permit with the respective views of the Secretary of Energy, the

Secretary of State and the Secretary of Defense.

Sec. 2. (Deleted.)

Sec. 3. The Secretary of Energy is authorized to issue such rules

and regulations, and to prescribe such procedures, as it may from

time to time deem necessary or desirable for the exercise of the

authority delegated to it by this order.

Sec. 4. All Presidential Permits heretofore issued pursuant to

Executive Order No. 8202 of July 13, 1939, and in force at the time

of the issuance of this order, and all permits issued hereunder,

shall remain in full force and effect until modified or revoked by

the President or by the Secretary of Energy.

Sec. 5. Executive Order No. 8202 of July 13, 1939, is hereby

revoked.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 60104.

-CITE-

15 USC Sec. 717c 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717c. Rates and charges

-STATUTE-

(a) Just and reasonable rates and charges

All rates and charges made, demanded, or received by any

natural-gas company for or in connection with the transportation or

sale of natural gas subject to the jurisdiction of the Commission,

and all rules and regulations affecting or pertaining to such rates

or charges, shall be just and reasonable, and any such rate or

charge that is not just and reasonable is declared to be unlawful.

(b) Undue preferences and unreasonable rates and charges prohibited

No natural-gas company shall, with respect to any transportation

or sale of natural gas subject to the jurisdiction of the

Commission, (1) make or grant any undue preference or advantage to

any person or subject any person to any undue prejudice or

disadvantage, or (2) maintain any unreasonable difference in rates,

charges, service, facilities, or in any other respect, either as

between localities or as between classes of service.

(c) Filing of rates and charges with Commission; public inspection

of schedules

Under such rules and regulations as the Commission may prescribe,

every natural-gas company shall file with the Commission, within

such time (not less than sixty days from June 21, 1938) and in such

form as the Commission may designate, and shall keep open in

convenient form and place for public inspection, schedules showing

all rates and charges for any transportation or sale subject to the

jurisdiction of the Commission, and the classifications, practices,

and regulations affecting such rates and charges, together with all

contracts which in any manner affect or relate to such rates,

charges, classifications, and services.

(d) Changes in rates and charges; notice to Commission

Unless the Commission otherwise orders, no change shall be made

by any natural-gas company in any such rate, charge,

classification, or service, or in any rule, regulation, or contract

relating thereto, except after thirty days' notice to the

Commission and to the public. Such notice shall be given by filing

with the Commission and keeping open for public inspection new

schedules stating plainly the change or changes to be made in the

schedule or schedules then in force and the time when the change or

changes will go into effect. The Commission, for good cause shown,

may allow changes to take effect without requiring the thirty days'

notice herein provided for by an order specifying the changes so to

be made and the time when they shall take effect and the manner in

which they shall be filed and published.

(e) Authority of Commission to hold hearings concerning new

schedule of rates

Whenever any such new schedule is filed the Commission shall have

authority, either upon complaint of any State, municipality, State

commission, or gas distributing company, or upon its own initiative

without complaint, at once, and if it so orders, without answer or

formal pleading by the natural-gas company, but upon reasonable

notice, to enter upon a hearing concerning the lawfulness of such

rate, charge, classification, or service; and, pending such hearing

and the decision thereon, the Commission, upon filing with such

schedules and delivering to the natural-gas company affected

thereby a statement in writing of its reasons for such suspension,

may suspend the operation of such schedule and defer the use of

such rate, charge, classification, or service, but not for a longer

period than five months beyond the time when it would otherwise go

into effect; and after full hearings, either completed before or

after the rate, charge, classification, or service goes into

effect, the Commission may make such orders with reference thereto

as would be proper in a proceeding initiated after it had become

effective. If the proceeding has not been concluded and an order

made at the expiration of the suspension period, on motion of the

natural-gas company making the filing, the proposed change of rate,

charge, classification, or service shall go into effect. Where

increased rates or charges are thus made effective, the Commission

may, by order, require the natural-gas company to furnish a bond,

to be approved by the Commission, to refund any amounts ordered by

the Commission, to keep accurate accounts in detail of all amounts

received by reason of such increase, specifying by whom and in

whose behalf such amounts were paid, and, upon completion of the

hearing and decision, to order such natural-gas company to refund,

with interest, the portion of such increased rates or charges by

its decision found not justified. At any hearing involving a rate

or charge sought to be increased, the burden of proof to show that

the increased rate or charge is just and reasonable shall be upon

the natural-gas company, and the Commission shall give to the

hearing and decision of such questions preference over other

questions pending before it and decide the same as speedily as

possible.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 4, 52 Stat. 822; Pub. L. 87-454, May

21, 1962, 76 Stat. 72.)

-MISC1-

AMENDMENTS

1962 - Subsec. (e). Pub. L. 87-454 inserted ''or gas distributing

company'' after ''State commission'', and struck out proviso which

denied authority to the Commission to suspend the rate, charge,

classification, or service for the sale of natural gas for resale

for industrial use only.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions with regard to

establishment, review, and enforcement of rates and charges for

transportation and sale of natural gas by a producer or gatherer or

by a natural gas pipeline or natural gas company and establishment,

review, and enforcement of curtailments under this chapter, other

than establishment and review of priorities for such curtailments,

transferred to Federal Energy Regulatory Commission by sections

7172(a)(1)(C), (E) and 7293 of Title 42, The Public Health and

Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC5-

ADVANCE RECOVERY OF EXPENSES INCURRED BY NATURAL GAS COMPANIES FOR

NATURAL GAS RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROJECTS

Pub. L. 102-104, title III, Aug. 17, 1991, 105 Stat. 531,

authorized Federal Energy Regulatory Commission, pursuant to this

section, to allow recovery, in advance, of expenses by natural-gas

companies for research, development and demonstration activities by

Gas Research Institute for projects on use of natural gas in motor

vehicles and on use of natural gas to control emissions from

combustion of other fuels, subject to Commission finding that

benefits, including environmental benefits, to both existing and

future ratepayers resulting from such activities exceed all direct

costs to both existing and future ratepayers, prior to repeal by

Pub. L. 102-486, title IV, Sec. 408(c), Oct. 24, 1992, 106 Stat.

2882.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 717y, 3431 of this title;

title 42 sections 7172, 8235e, 8441, 13234; title 50 section 167i.

-CITE-

15 USC Sec. 717d 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717d. Fixing rates and charges; determination of cost of

production or transportation

-STATUTE-

(a) Decreases in rates

Whenever the Commission, after a hearing had upon its own motion

or upon complaint of any State, municipality, State commission, or

gas distributing company, shall find that any rate, charge, or

classification demanded, observed, charged, or collected by any

natural-gas company in connection with any transportation or sale

of natural gas, subject to the jurisdiction of the Commission, or

that any rule, regulation, practice, or contract affecting such

rate, charge, or classification is unjust, unreasonable, unduly

discriminatory, or preferential, the Commission shall determine the

just and reasonable rate, charge, classification, rule, regulation,

practice, or contract to be thereafter observed and in force, and

shall fix the same by order: Provided, however, That the Commission

shall have no power to order any increase in any rate contained in

the currently effective schedule of such natural gas company on

file with the Commission, unless such increase is in accordance

with a new schedule filed by such natural gas company; but the

Commission may order a decrease where existing rates are unjust,

unduly discriminatory, preferential, otherwise unlawful, or are not

the lowest reasonable rates.

(b) Costs of production and transportation

The Commission upon its own motion, or upon the request of any

State commission, whenever it can do so without prejudice to the

efficient and proper conduct of its affairs, may investigate and

determine the cost of the production or transportation of natural

gas by a natural-gas company in cases where the Commission has no

authority to establish a rate governing the transportation or sale

of such natural gas.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 5, 52 Stat. 823.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions with regard to

establishment, review, and enforcement of rates and charges for

transportation and sale of natural gas by a producer or gatherer or

by a natural gas pipeline or natural gas company transferred to

Federal Energy Regulatory Commission by sections 7172(a)(1)(C) and

7293 of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 717y, 3431 of this title;

title 42 sections 7172, 8235e, 8441; title 50 section 167i.

-CITE-

15 USC Sec. 717e 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717e. Ascertainment of cost of property

-STATUTE-

(a) Cost of property

The Commission may investigate and ascertain the actual

legitimate cost of the property of every natural-gas company, the

depreciation therein, and, when found necessary for rate-making

purposes, other facts which bear on the determination of such cost

or depreciation and the fair value of such property.

(b) Inventory of property; statements of costs

Every natural-gas company upon request shall file with the

Commission an inventory of all or any part of its property and a

statement of the original cost thereof, and shall keep the

Commission informed regarding the cost of all additions,

betterments, extensions, and new construction.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 6, 52 Stat. 824.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions with regard to

establishment, review, and enforcement of rates and charges for

transportation and sale of natural gas by a producer or gatherer or

by a natural gas pipeline or natural gas company transferred to

Federal Energy Regulatory Commission by sections 7172(a)(1)(C) and

7293 of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7172.

-CITE-

15 USC Sec. 717f 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717f. Construction, extension, or abandonment of facilities

-STATUTE-

(a) Extension or improvement of facilities on order of court;

notice and hearing

Whenever the Commission, after notice and opportunity for

hearing, finds such action necessary or desirable in the public

interest, it may by order direct a natural-gas company to extend or

improve its transportation facilities, to establish physical

connection of its transportation facilities with the facilities of,

and sell natural gas to, any person or municipality engaged or

legally authorized to engage in the local distribution of natural

or artificial gas to the public, and for such purpose to extend its

transportation facilities to communities immediately adjacent to

such facilities or to territory served by such natural-gas company,

if the Commission finds that no undue burden will be placed upon

such natural-gas company thereby: Provided, That the Commission

shall have no authority to compel the enlargement of transportation

facilities for such purposes, or to compel such natural-gas company

to establish physical connection or sell natural gas when to do so

would impair its ability to render adequate service to its

customers.

(b) Abandonment of facilities or services; approval of Commission

No natural-gas company shall abandon all or any portion of its

facilities subject to the jurisdiction of the Commission, or any

service rendered by means of such facilities, without the

permission and approval of the Commission first had and obtained,

after due hearing, and a finding by the Commission that the

available supply of natural gas is depleted to the extent that the

continuance of service is unwarranted, or that the present or

future public convenience or necessity permit such abandonment.

(c) Certificate of public convenience and necessity

(1)(A) No natural-gas company or person which will be a

natural-gas company upon completion of any proposed construction or

extension shall engage in the transportation or sale of natural

gas, subject to the jurisdiction of the Commission, or undertake

the construction or extension of any facilities therefor, or

acquire or operate any such facilities or extensions thereof,

unless there is in force with respect to such natural-gas company a

certificate of public convenience and necessity issued by the

Commission authorizing such acts or operations: Provided, however,

That if any such natural-gas company or predecessor in interest was

bona fide engaged in transportation or sale of natural gas, subject

to the jurisdiction of the Commission, on February 7, 1942, over

the route or routes or within the area for which application is

made and has so operated since that time, the Commission shall

issue such certificate without requiring further proof that public

convenience and necessity will be served by such operation, and

without further proceedings, if application for such certificate is

made to the Commission within ninety days after February 7, 1942.

Pending the determination of any such application, the continuance

of such operation shall be lawful.

(B) In all other cases the Commission shall set the matter for

hearing and shall give such reasonable notice of the hearing

thereon to all interested persons as in its judgment may be

necessary under rules and regulations to be prescribed by the

Commission; and the application shall be decided in accordance with

the procedure provided in subsection (e) of this section and such

certificate shall be issued or denied accordingly: Provided,

however, That the Commission may issue a temporary certificate in

cases of emergency, to assure maintenance of adequate service or to

serve particular customers, without notice or hearing, pending the

determination of an application for a certificate, and may by

regulation exempt from the requirements of this section temporary

acts or operations for which the issuance of a certificate will not

be required in the public interest.

(2) The Commission may issue a certificate of public convenience

and necessity to a natural-gas company for the transportation in

interstate commerce of natural gas used by any person for one or

more high-priority uses, as defined, by rule, by the Commission, in

the case of -

(A) natural gas sold by the producer to such person; and

(B) natural gas produced by such person.

(d) Application for certificate of public convenience and necessity

Application for certificates shall be made in writing to the

Commission, be verified under oath, and shall be in such form,

contain such information, and notice thereof shall be served upon

such interested parties and in such manner as the Commission shall,

by regulation, require.

(e) Granting of certificate of public convenience and necessity

Except in the cases governed by the provisos contained in

subsection (c)(1) of this section, a certificate shall be issued to

any qualified applicant therefor, authorizing the whole or any part

of the operation, sale, service, construction, extension, or

acquisition covered by the application, if it is found that the

applicant is able and willing properly to do the acts and to

perform the service proposed and to conform to the provisions of

this chapter and the requirements, rules, and regulations of the

Commission thereunder, and that the proposed service, sale,

operation, construction, extension, or acquisition, to the extent

authorized by the certificate, is or will be required by the

present or future public convenience and necessity; otherwise such

application shall be denied. The Commission shall have the power

to attach to the issuance of the certificate and to the exercise of

the rights granted thereunder such reasonable terms and conditions

as the public convenience and necessity may require.

(f) Determination of service area; jurisdiction of transportation

to ultimate consumers

(1) The Commission, after a hearing had upon its own motion or

upon application, may determine the service area to which each

authorization under this section is to be limited. Within such

service area as determined by the Commission a natural-gas company

may enlarge or extend its facilities for the purpose of supplying

increased market demands in such service area without further

authorization; and

(2) If the Commission has determined a service area pursuant to

this subsection, transportation to ultimate consumers in such

service area by the holder of such service area determination, even

if across State lines, shall be subject to the exclusive

jurisdiction of the State commission in the State in which the gas

is consumed. This section shall not apply to the transportation of

natural gas to another natural gas company.

(g) Certificate of public convenience and necessity for service of

area already being served

Nothing contained in this section shall be construed as a

limitation upon the power of the Commission to grant certificates

of public convenience and necessity for service of an area already

being served by another natural-gas company.

(h) Right of eminent domain for construction of pipelines, etc.

When any holder of a certificate of public convenience and

necessity cannot acquire by contract, or is unable to agree with

the owner of property to the compensation to be paid for, the

necessary right-of-way to construct, operate, and maintain a pipe

line or pipe lines for the transportation of natural gas, and the

necessary land or other property, in addition to right-of-way, for

the location of compressor stations, pressure apparatus, or other

stations or equipment necessary to the proper operation of such

pipe line or pipe lines, it may acquire the same by the exercise of

the right of eminent domain in the district court of the United

States for the district in which such property may be located, or

in the State courts. The practice and procedure in any action or

proceeding for that purpose in the district court of the United

States shall conform as nearly as may be with the practice and

procedure in similar action or proceeding in the courts of the

State where the property is situated: Provided, That the United

States district courts shall only have jurisdiction of cases when

the amount claimed by the owner of the property to be condemned

exceeds $3,000.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 7, 52 Stat. 824; Feb. 7, 1942, ch.

49, 56 Stat. 83; July 25, 1947, ch. 333, 61 Stat. 459; Pub. L.

95-617, title VI, Sec. 608, Nov. 9, 1978, 92 Stat. 3173; Pub. L.

100-474, Sec. 2, Oct. 6, 1988, 102 Stat. 2302.)

-MISC1-

AMENDMENTS

1988 - Subsec. (f). Pub. L. 100-474 designated existing

provisions as par. (1) and added par. (2).

1978 - Subsec. (c). Pub. L. 95-617, Sec. 608(a), (b)(1),

designated existing first paragraph as par. (1)(A) and existing

second paragraph as par. (1)(B) and added par. (2).

Subsec. (e). Pub. L. 95-617, Sec. 608(b)(2), substituted

''subsection (c)(1)'' for ''subsection (c)''.

1947 - Subsec. (h). Act July 25, 1947, added subsec. (h).

1942 - Subsecs. (c) to (g). Act Feb. 7, 1942, struck out subsec.

(c), and added new subsecs. (c) to (g).

EFFECTIVE DATE OF 1988 AMENDMENT

Section 3 of Pub. L. 100-474 provided that: ''The provisions of

this Act (amending this section and enacting provisions set out as

a note under section 717w of this title) shall become effective one

hundred and twenty days after the date of enactment (Oct. 6,

1988).''

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Energy and Commission, Commissioners, or other

official in Federal Energy Regulatory Commission related to

compliance with certificates of public convenience and necessity

issued under this section with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas transferred to Federal Inspector,

Office of Federal Inspector for Alaska Natural Gas Transportation

System, until first anniversary of date of initial operation of

Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of

1979, Sec. 102(d), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, effective July 1, 1979, set out under section 719e of this

title. Office of Federal Inspector for the Alaska Natural Gas

Transportation System abolished and functions and authority vested

in Inspector transferred to Secretary of Energy by section 3012(b)

of Pub. L. 102-486, set out as an Abolition of Office of Federal

Inspector note under section 719e of this title.

Federal Power Commission terminated and functions with regard to

issuance of certificates of public convenience and necessity,

including abandonment of facilities or services, and establishment

of physical connections transferred to Federal Energy Regulatory

Commission by sections 7172(a)(1)(D) and 7293 of Title 42, The

Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 717y, 3301, 3394, 3431 of

this title; title 42 sections 7172, 8235e, 8441; title 43 sections

1351, 1862; title 49 section 60104.

-CITE-

15 USC Sec. 717g 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717g. Accounts; records; memoranda

-STATUTE-

(a) Rules and regulations for keeping and preserving accounts,

records, etc.

Every natural-gas company shall make, keep, and preserve for such

periods, such accounts, records of cost-accounting procedures,

correspondence, memoranda, papers, books, and other records as the

Commission may by rules and regulations prescribe as necessary or

appropriate for purposes of the administration of this chapter:

Provided, however, That nothing in this chapter shall relieve any

such natural-gas company from keeping any accounts, memoranda, or

records which such natural-gas company may be required to keep by

or under authority of the laws of any State. The Commission may

prescribe a system of accounts to be kept by such natural-gas

companies, and may classify such natural-gas companies and

prescribe a system of accounts for each class. The Commission,

after notice and opportunity for hearing, may determine by order

the accounts in which particular outlays or receipts shall be

entered, charged, or credited. The burden of proof to justify

every accounting entry questioned by the Commission shall be on the

person making, authorizing, or requiring such entry, and the

Commission may suspend a charge or credit pending submission of

satisfactory proof in support thereof.

(b) Access to and inspection of accounts and records

The Commission shall at all times have access to and the right to

inspect and examine all accounts, records, and memoranda of

natural-gas companies; and it shall be the duty of such natural-gas

companies to furnish to the Commission, within such reasonable time

as the Commission may order, any information with respect thereto

which the Commission may by order require, including copies of

maps, contracts, reports of engineers, and other data, records, and

papers, and to grant to all agents of the Commission free access to

its property and its accounts, records, and memoranda when

requested so to do. No member, officer, or employee of the

Commission shall divulge any fact or information which may come to

his knowledge during the course of examination of books, records,

data, or accounts, except insofar as he may be directed by the

Commission or by a court.

(c) Books, accounts, etc., of the person controlling gas company

subject to examination

The books, accounts, memoranda, and records of any person who

controls directly or indirectly a natural-gas company subject to

the jurisdiction of the Commission and of any other company

controlled by such person, insofar as they relate to transactions

with or the business of such natural-gas company, shall be subject

to examination on the order of the Commission.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 8, 52 Stat. 825.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7172.

-CITE-

15 USC Sec. 717h 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717h. Rates of depreciation

-STATUTE-

(a) Depreciation and amortization

The Commission may, after hearing, require natural-gas companies

to carry proper and adequate depreciation and amortization accounts

in accordance with such rules, regulations, and forms of account as

the Commission may prescribe. The Commission may from time to time

ascertain and determine, and by order fix, the proper and adequate

rates of depreciation and amortization of the several classes of

property of each natural-gas company used or useful in the

production, transportation, or sale of natural gas. Each

natural-gas company shall conform its depreciation and amortization

accounts to the rates so ascertained, determined, and fixed. No

natural-gas company subject to the jurisdiction of the Commission

shall charge to operating expenses any depreciation or amortization

charges on classes of property other than those prescribed by the

Commission, or charge with respect to any class of property a

percentage of depreciation or amortization other than that

prescribed therefor by the Commission. No such natural-gas company

shall in any case include in any form under its operating or other

expenses any depreciation, amortization, or other charge or

expenditure included elsewhere as a depreciation or amortization

charge or otherwise under its operating or other expenses. Nothing

in this section shall limit the power of a State commission to

determine in the exercise of its jurisdiction, with respect to any

natural-gas company, the percentage rates of depreciation or

amortization to be allowed, as to any class of property of such

natural-gas company, or the composite depreciation or amortization

rate, for the purpose of determining rates or charges.

(b) Rules

The Commission, before prescribing any rules or requirements as

to accounts, records, or memoranda, or as to depreciation or

amortization rates, shall notify each State commission having

jurisdiction with respect to any natural-gas company involved and

shall give reasonable opportunity to each such commission to

present its views and shall receive and consider such views and

recommendations.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 9, 52 Stat. 826.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7172.

-CITE-

15 USC Sec. 717i 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717i. Periodic and special reports

-STATUTE-

(a) Form and contents of reports

Every natural-gas company shall file with the Commission such

annual and other periodic or special reports as the Commission may

by rules and regulations or order prescribe as necessary or

appropriate to assist the Commission in the proper administration

of this chapter. The Commission may prescribe the manner and form

in which such reports shall be made, and require from such

natural-gas companies specific answers to all questions upon which

the Commission may need information. The Commission may require

that such reports shall include, among other things, full

information as to assets and liabilities, capitalization,

investment and reduction thereof, gross receipts, interest due and

paid, depreciation, amortization, and other reserves, cost of

facilities, cost of maintenance and operation of facilities for the

production, transportation, or sale of natural gas, cost of renewal

and replacement of such facilities, transportation, delivery, use,

and sale of natural gas. The Commission may require any such

natural-gas company to make adequate provision for currently

determining such costs and other facts. Such reports shall be made

under oath unless the Commission otherwise specifies.

(b) Unlawful conduct

It shall be unlawful for any natural-gas company willfully to

hinder, delay, or obstruct the making, filing, or keeping of any

information, document, report, memorandum, record, or account

required to be made, filed, or kept under this chapter or any rule,

regulation, or order thereunder.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 10, 52 Stat. 826.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7177.

-CITE-

15 USC Sec. 717j 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717j. State compacts for conservation, transportation, etc.,

of natural gas

-STATUTE-

(a) Assembly of pertinent information; report to Congress

In case two or more States propose to the Congress compacts

dealing with the conservation, production, transportation, or

distribution of natural gas it shall be the duty of the Commission

to assemble pertinent information relative to the matters covered

in any such proposed compact, to make public and to report to the

Congress information so obtained, together with such

recommendations for further legislation as may appear to be

appropriate or necessary to carry out the purposes of such proposed

compact and to aid in the conservation of natural-gas resources

within the United States and in the orderly, equitable, and

economic production, transportation, and distribution of natural

gas.

(b) Assembly of information relative to operation of compact;

report to Congress

It shall be the duty of the Commission to assemble and keep

current pertinent information relative to the effect and operation

of any compact between two or more States heretofore or hereafter

approved by the Congress, to make such information public, and to

report to the Congress, from time to time, the information so

obtained, together with such recommendations as may appear to be

appropriate or necessary to promote the purposes of such compact.

(c) Availability of services, etc., of other agencies

In carrying out the purposes of this chapter, the Commission

shall, so far as practicable, avail itself of the services,

records, reports, and information of the executive departments and

other agencies of the Government, and the President may, from time

to time, direct that such services and facilities be made available

to the Commission.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 11, 52 Stat. 827.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7177.

-CITE-

15 USC Sec. 717k 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717k. Officials dealing in securities

-STATUTE-

It shall be unlawful for any officer or director of any

natural-gas company to receive for his own benefit, directly or

indirectly, any money or thing of value in respect to the

negotiation, hypothecation, or sale by such natural-gas company of

any security issued, or to be issued, by such natural-gas company,

or to share in any of the proceeds thereof, or to participate in

the making or paying of any dividends, other than liquidating

dividends, of such natural-gas company from any funds properly

included in capital account.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 12, 52 Stat. 827.)

-CITE-

15 USC Sec. 717l 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717l. Complaints

-STATUTE-

Any State, municipality, or State commission complaining of

anything done or omitted to be done by any natural-gas company in

contravention of the provisions of this chapter may apply to the

Commission by petition, which shall briefly state the facts,

whereupon a statement of the complaint thus made shall be forwarded

by the Commission to such natural-gas company, which shall be

called upon to satisfy the complaint or to answer the same in

writing within a reasonable time to be specified by the Commission.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 13, 52 Stat. 827.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7172.

-CITE-

15 USC Sec. 717m 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717m. Investigations by Commission

-STATUTE-

(a) Power of Commission

The Commission may investigate any facts, conditions, practices,

or matters which it may find necessary or proper in order to

determine whether any person has violated or is about to violate

any provisions of this chapter or any rule, regulation, or order

thereunder, or to aid in the enforcement of the provisions of this

chapter or in prescribing rules or regulations thereunder, or in

obtaining information to serve as a basis for recommending further

legislation to the Congress. The Commission may permit any person

to file with it a statement in writing, under oath or otherwise, as

it shall determine, as to any or all facts and circumstances

concerning a matter which may be the subject of investigation. The

Commission, in its discretion, may publish in the manner authorized

by section 825k of title 16, and make available to State

commissions and municipalities, information concerning any such

matter.

(b) Determination of adequacy of gas reserves

The Commission may, after hearing, determine the adequacy or

inadequacy of the gas reserves held or controlled by any

natural-gas company, or by anyone on its behalf, including its

owned or leased properties or royalty contracts; and may also,

after hearing, determine the propriety and reasonableness of the

inclusion in operating expenses, capital, or surplus of all delay

rentals or other forms of rental or compensation for unoperated

lands and leases. For the purpose of such determinations, the

Commission may require any natural-gas company to file with the

Commission true copies of all its lease and royalty agreements with

respect to such gas reserves.

(c) Administration of oaths and affirmations; subpena of witnesses,

etc.

For the purpose of any investigation or any other proceeding

under this chapter, any member of the Commission, or any officer

designated by it, is empowered to administer oaths and

affirmations, subpena witnesses, compel their attendance, take

evidence, and require the production of any books, papers,

correspondence, memoranda, contracts, agreements, or other records

which the Commission finds relevant or material to the inquiry.

Such attendance of witnesses and the production of any such records

may be required from any place in the United States or at any

designated place of hearing. Witnesses summoned by the Commission

to appear before it shall be paid the same fees and mileage that

are paid witnesses in the courts of the United States.

(d) Jurisdiction of courts of United States

In case of contumacy by, or refusal to obey a subpena issued to,

any person, the Commission may invoke the aid of any court of the

United States within the jurisdiction of which such investigation

or proceeding is carried on, or where such person resides or

carries on business, in requiring the attendance and testimony of

witnesses and the production of books, papers, correspondence,

memoranda, contracts, agreements, and other records. Such court

may issue an order requiring such person to appear before the

Commission or member or officer designated by the Commission, there

to produce records, if so ordered, or to give testimony touching

the matter under investigation or in question; and any failure to

obey such order of the court may be punished by such court as a

contempt thereof. All process in any such case may be served in

the judicial district whereof such person is an inhabitant or

wherever he may be found or may be doing business. Any person who

willfully shall fail or refuse to attend and testify or to answer

any lawful inquiry or to produce books, papers, correspondence,

memoranda, contracts, agreements, or other records, if in his or

its power so to do, in obedience to the subpena of the Commission,

shall be guilty of a misdemeanor and upon conviction shall be

subject to a fine of not more than $1,000 or to imprisonment for a

term of not more than one year, or both.

(e) Testimony of witnesses

The testimony of any witness may be taken at the instance of a

party, in any proceeding or investigation pending before the

Commission, by deposition at any time after the proceeding is at

issue. The Commission may also order testimony to be taken by

deposition in any proceeding or investigation pending before it at

any stage of such proceeding or investigation. Such depositions

may be taken before any person authorized to administer oaths not

being of counsel or attorney to either of the parties, nor

interested in the proceeding or investigation. Reasonable notice

must first be given in writing by the party or his attorney

proposing to take such deposition to the opposite party or his

attorney of record, as either may be nearest, which notice shall

state the name of the witness and the time and place of the taking

of his deposition. Any person may be compelled to appear and

depose, and to produce documentary evidence, in the same manner as

witnesses may be compelled to appear and testify and produce

documentary evidence before the Commission, as hereinbefore

provided. Such testimony shall be reduced to writing by the person

taking deposition, or under his direction, and shall, after it has

been reduced to writing, be subscribed by the deponent.

(f) Deposition of witnesses in a foreign country

If a witness whose testimony may be desired to be taken by

deposition be in a foreign country, the deposition may be taken

before an officer or person designated by the Commission, or agreed

upon by the parties by stipulation in writing to be filed with the

Commission. All depositions must be promptly filed with the

Commission.

(g) Witness fees

Witnesses whose depositions are taken as authorized in this

chapter, and the person or officer taking the same, shall be

entitled to the same fees as are paid for like services in the

courts of the United States.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 14, 52 Stat. 828; Pub. L. 91-452,

title II, Sec. 218, Oct. 15, 1970, 84 Stat. 929.)

-MISC1-

AMENDMENTS

1970 - Subsec. (h). Pub. L. 91-452 struck out subsec. (h) which

related to the immunity from prosecution of any individual

compelled to testify or produce evidence, documentary or otherwise,

after claiming his privilege against self-incrimination.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-452 effective on sixtieth day following

Oct. 15, 1970, and not to affect any immunity to which any

individual is entitled under this section by reason of any

testimony given before sixtieth day following Oct. 15, 1970, see

section 260 of Pub. L. 91-452, set out as an Effective Date;

Savings Provision note under section 6001 of Title 18, Crimes and

Criminal Procedure.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC5-

STUDY AND REPORT ON NATURAL GAS PIPELINE AND STORAGE FACILITIES IN

NEW ENGLAND

Pub. L. 107-355, Sec. 26, Dec. 17, 2002, 116 Stat. 3012, provided

that:

''(a) Study. - The Federal Energy Regulatory Commission, in

consultation with the Department of Energy, shall conduct a study

on the natural gas pipeline transmission network in New England and

natural gas storage facilities associated with that network.

''(b) Consideration. - In carrying out the study, the Commission

shall consider the ability of natural gas pipeline and storage

facilities in New England to meet current and projected demand by

gas-fired power generation plants and other consumers.

''(c) Report. - Not later than 1 year after the date of enactment

of this Act (Dec. 17, 2002), the Federal Energy Regulatory

Commission shall prepare and submit to the Committee on Energy and

Natural Resources of the Senate and the Committee on Energy and

Commerce of the House of Representatives a report containing the

results of the study conducted under subsection (a), including

recommendations for addressing potential natural gas transmission

and storage capacity problems in New England.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7172.

-CITE-

15 USC Sec. 717n 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717n. Hearings; rules of procedure

-STATUTE-

(a) Hearings; parties

Hearings under this chapter may be held before the Commission,

any member or members thereof, or any representative of the

Commission designated by it, and appropriate records thereof shall

be kept. In any proceeding before it, the Commission in accordance

with such rules and regulations as it may prescribe, may admit as a

party any interested State, State commission, municipality or any

representative of interested consumers or security holders, or any

competitor of a party to such proceeding, or any other person whose

participation in the proceeding may be in the public interest.

(b) Procedure

All hearings, investigations, and proceedings under this chapter

shall be governed by rules of practice and procedure to be adopted

by the Commission, and in the conduct thereof the technical rules

of evidence need not be applied. No informality in any hearing,

investigation, or proceeding or in the manner of taking testimony

shall invalidate any order, decision, rule, or regulation issued

under the authority of this chapter.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 15, 52 Stat. 829.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7172.

-CITE-

15 USC Sec. 717o 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717o. Administrative powers of Commission; rules, regulations,

and orders

-STATUTE-

The Commission shall have power to perform any and all acts, and

to prescribe, issue, make, amend, and rescind such orders, rules,

and regulations as it may find necessary or appropriate to carry

out the provisions of this chapter. Among other things, such rules

and regulations may define accounting, technical, and trade terms

used in this chapter; and may prescribe the form or forms of all

statements, declarations, applications, and reports to be filed

with the Commission, the information which they shall contain, and

the time within which they shall be filed. Unless a different date

is specified therein, rules and regulations of the Commission shall

be effective thirty days after publication in the manner which the

Commission shall prescribe. Orders of the Commission shall be

effective on the date and in the manner which the Commission shall

prescribe. For the purposes of its rules and regulations, the

Commission may classify persons and matters within its jurisdiction

and prescribe different requirements for different classes of

persons or matters. All rules and regulations of the Commission

shall be filed with its secretary and shall be kept open in

convenient form for public inspection and examination during

reasonable business hours.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 16, 52 Stat. 830.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7172.

-CITE-

15 USC Sec. 717p 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717p. Joint boards

-STATUTE-

(a) Reference of matters to joint boards; composition and power

The Commission may refer any matter arising in the administration

of this chapter to a board to be composed of a member or members,

as determined by the Commission, from the State or each of the

States affected or to be affected by such matter. Any such board

shall be vested with the same power and be subject to the same

duties and liabilities as in the case of a member of the Commission

when designated by the Commission to hold any hearings. The action

of such board shall have such force and effect and its proceedings

shall be conducted in such manner as the Commission shall by

regulations prescribe. The Board shall be appointed by the

Commission from persons nominated by the State commission of each

State affected, or by the Governor of such State if there is no

State commission. Each State affected shall be entitled to the

same number of representatives on the board unless the nominating

power of such State waives such right. The Commission shall have

discretion to reject the nominee from any State, but shall

thereupon invite a new nomination from that State. The members of a

board shall receive such allowances for expenses as the Commission

shall provide. The Commission may, when in its discretion

sufficient reason exists therefor, revoke any reference to such a

board.

(b) Conference with State commissions regarding rate structure,

costs, etc.

The Commission may confer with any State commission regarding

rate structures, costs, accounts, charges, practices,

classifications, and regulations of natural-gas companies; and the

Commission is authorized, under such rules and regulations as it

shall prescribe, to hold joint hearings with any State commission

in connection with any matter with respect to which the Commission

is authorized to act. The Commission is authorized in the

administration of this chapter to avail itself of such cooperation,

services, records, and facilities as may be afforded by any State

commission.

(c) Information and reports available to State commissions

The Commission shall make available to the several State

commissions such information and reports as may be of assistance in

State regulation of natural-gas companies. Whenever the Commission

can do so without prejudice to the efficient and proper conduct of

its affairs, it may, upon request from a State commission, make

available to such State commission as witnesses any of its trained

rate, valuation, or other experts, subject to reimbursement of the

compensation and traveling expenses of such witnesses. All sums

collected hereunder shall be credited to the appropriation from

which the amounts were expended in carrying out the provisions of

this subsection.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 17, 52 Stat. 830.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7172.

-CITE-

15 USC Sec. 717q 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717q. Appointment of officers and employees

-STATUTE-

The Commission is authorized to appoint and fix the compensation

of such officers, attorneys, examiners, and experts as may be

necessary for carrying out its functions under this chapter; and

the Commission may, subject to civil-service laws, appoint such

other officers and employees as are necessary for carrying out such

functions and fix their salaries in accordance with chapter 51 and

subchapter III of chapter 53 of title 5.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 18, 52 Stat. 831; Oct. 28, 1949, ch.

782, title XI, Sec. 1106(a), 63 Stat. 972.)

-REFTEXT-

REFERENCES IN TEXT

The civil-service laws, referred to in text, are set forth in

Title 5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

-COD-

CODIFICATION

Provisions that authorized the Commission to appoint and fix the

compensation of such officers, attorneys, examiners, and experts as

may be necessary for carrying out its functions under this chapter

''without regard to the provisions of other laws applicable to the

employment and compensation of officers and employees of the United

States'' are omitted as obsolete and superseded.

As to the compensation of such personnel, sections 1202 and 1204

of the Classification Act of 1949, 63 Stat. 972, 973, repealed the

Classification Act of 1923 and all other laws or parts of laws

inconsistent with the 1949 Act. The Classification Act of 1949 was

repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632,

and reenacted as chapter 51 and subchapter III of chapter 53 of

Title 5, Government Organization and Employees. Section 5102 of

Title 5 contains the applicability provisions of the 1949 Act, and

section 5103 of Title 5 authorizes the Office of Personnel

Management to determine the applicability to specific positions and

employees.

Such appointments are now subject to the civil service laws

unless specifically excepted by those laws or by laws enacted

subsequent to Executive Order 8743, Apr. 23, 1941, issued by the

President pursuant to the Act of Nov. 26, 1940, ch. 919, title I,

Sec. 1, 54 Stat. 1211, which covered most excepted positions into

the classified (competitive) civil service. The Order is set out

as a note under section 3301 of Title 5.

''Chapter 51 and subchapter III of chapter 53 of title 5''

substituted in text for ''the Classification Act of 1949, as

amended'' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5.

-MISC3-

AMENDMENTS

1949 - Act Oct. 28, 1949, substituted ''Classification Act of

1949'' for ''Classification Act of 1923''.

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to the Secretary of Energy

(except for certain functions transferred to the Federal Energy

Regulatory Commission) by sections 7151(b), 7171(a), 7172(a)(1),

7291, and 7293 of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

15 USC Sec. 717r 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717r. Rehearing and review

-STATUTE-

(a) Application for rehearing; time

Any person, State, municipality, or State commission aggrieved by

an order issued by the Commission in a proceeding under this

chapter to which such person, State, municipality, or State

commission is a party may apply for a rehearing within thirty days

after the issuance of such order. The application for rehearing

shall set forth specifically the ground or grounds upon which such

application is based. Upon such application the Commission shall

have power to grant or deny rehearing or to abrogate or modify its

order without further hearing. Unless the Commission acts upon the

application for rehearing within thirty days after it is filed,

such application may be deemed to have been denied. No proceeding

to review any order of the Commission shall be brought by any

person unless such person shall have made application to the

Commission for a rehearing thereon. Until the record in a

proceeding shall have been filed in a court of appeals, as provided

in subsection (b) of this section, the Commission may at any time,

upon reasonable notice and in such manner as it shall deem proper,

modify or set aside, in whole or in part, any finding or order made

or issued by it under the provisions of this chapter.

(b) Review of Commission order

Any party to a proceeding under this chapter aggrieved by an

order issued by the Commission in such proceeding may obtain a

review of such order in the court of appeals of the United States

for any circuit wherein the natural-gas company to which the order

relates is located or has its principal place of business, or in

the United States Court of Appeals for the District of Columbia, by

filing in such court, within sixty days after the order of the

Commission upon the application for rehearing, a written petition

praying that the order of the Commission be modified or set aside

in whole or in part. A copy of such petition shall forthwith be

transmitted by the clerk of the court to any member of the

Commission and thereupon the Commission shall file with the court

the record upon which the order complained of was entered, as

provided in section 2112 of title 28. Upon the filing of such

petition such court shall have jurisdiction, which upon the filing

of the record with it shall be exclusive, to affirm, modify, or set

aside such order in whole or in part. No objection to the order of

the Commission shall be considered by the court unless such

objection shall have been urged before the Commission in the

application for rehearing unless there is reasonable ground for

failure so to do. The finding of the Commission as to the facts,

if supported by substantial evidence, shall be conclusive. If any

party shall apply to the court for leave to adduce additional

evidence, and shall show to the satisfaction of the court that such

additional evidence is material and that there were reasonable

grounds for failure to adduce such evidence in the proceedings

before the Commission, the court may order such additional evidence

to be taken before the Commission and to be adduced upon the

hearing in such manner and upon such terms and conditions as to the

court may seem proper. The Commission may modify its findings as

to the facts by reason of the additional evidence so taken, and it

shall file with the court such modified or new findings, which is

supported by substantial evidence, shall be conclusive, and its

recommendation, if any, for the modification or setting aside of

the original order. The judgment and decree of the court,

affirming, modifying, or setting aside, in whole or in part, any

such order of the Commission, shall be final, subject to review by

the Supreme Court of the United States upon certiorari or

certification as provided in section 1254 of title 28.

(c) Stay of Commission order

The filing of an application for rehearing under subsection (a)

of this section shall not, unless specifically ordered by the

Commission, operate as a stay of the Commission's order. The

commencement of proceedings under subsection (b) of this section

shall not, unless specifically ordered by the court, operate as a

stay of the Commission's order.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 19, 52 Stat. 831; June 25, 1948, ch.

646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63

Stat. 107; Pub. L. 85-791, Sec. 19, Aug. 28, 1958, 72 Stat. 947.)

-COD-

CODIFICATION

In subsec. (b), ''section 1254 of title 28'' substituted for

''sections 239 and 240 of the Judicial Code, as amended (28 U.S.C.

346, 347)'' on authority of act June 25, 1948, ch. 646, 62 Stat.

869, the first section of which enacted Title 28, Judiciary and

Judicial Procedure.

-MISC3-

AMENDMENTS

1958 - Subsec. (a). Pub. L. 85-791, Sec. 19(a), inserted sentence

providing that until record in a proceeding has been filed in a

court of appeals, Commission may modify or set aside any finding or

order issued by it.

Subsec. (b). Pub. L. 85-791, Sec. 19(b), in second sentence,

substituted ''transmitted by the clerk of the court to'' for

''served upon'', substituted ''file with the court'' for ''certify

and file with the court a transcript of'', and inserted ''as

provided in section 2112 of title 28'', and, in third sentence,

substituted ''petition'' for ''transcript'', and ''jurisdiction,

which upon the filing of the record with it shall be exclusive''

for ''exclusive jurisdiction''.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24,

1949, substituted ''court of appeals'' for ''circuit court of

appeals'' wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and

7293 of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

15 USC Sec. 717s 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717s. Enforcement of chapter

-STATUTE-

(a) Action in district court for injunction

Whenever it shall appear to the Commission that any person is

engaged or about to engage in any acts or practices which

constitute or will constitute a violation of the provisions of this

chapter, or of any rule, regulation, or order thereunder, it may in

its discretion bring an action in the proper district court of the

United States, or the United States courts of any Territory or

other place subject to the jurisdiction of the United States, to

enjoin such acts or practices and to enforce compliance with this

chapter or any rule, regulation, or order thereunder, and upon a

proper showing a permanent or temporary injunction or decree or

restraining order shall be granted without bond. The Commission

may transmit such evidence as may be available concerning such acts

or practices or concerning apparent violations of the Federal

antitrust laws to the Attorney General, who, in his discretion, may

institute the necessary criminal proceedings.

(b) Mandamus

Upon application of the Commission the district courts of the

United States and the United States courts of any Territory or

other place subject to the jurisdiction of the United States shall

have jurisdiction to issue writs of mandamus commanding any person

to comply with the provisions of this chapter or any rule,

regulation, or order of the Commission thereunder.

(c) Employment of attorneys by Commission

The Commission may employ such attorneys as it finds necessary

for proper legal aid and service of the Commission or its members

in the conduct of their work, or for proper representation of the

public interest in investigations made by it, or cases or

proceedings pending before it, whether at the Commission's own

instance or upon complaint, or to appear for or represent the

Commission in any case in court; and the expenses of such

employment shall be paid out of the appropriation for the

Commission.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 20, 52 Stat. 832; June 25, 1948, ch.

646, Sec. 1, 62 Stat. 875, 895.)

-REFTEXT-

REFERENCES IN TEXT

The Federal antitrust laws, referred to in subsec. (a), are

classified generally to chapter 1 (Sec. 1 et seq.) of this title.

-COD-

CODIFICATION

The words ''the District Court of the United States for the

District of Columbia'' in subsec. (a) following ''district court of

the United States'' and in subsec. (b) following ''district courts

of the United States'' omitted as superfluous in view of section

132(a) of Title 28, Judiciary and Judicial Procedure, which states

that ''There shall be in each judicial district a district court

which shall be a court of record known as the United States

District Court for the district'', and section 88 of title 28 which

states that ''The District of Columbia constitutes one judicial

district''.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7172.

-CITE-

15 USC Sec. 717t 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717t. General penalties

-STATUTE-

(a) Any person who willfully and knowingly does or causes or

suffers to be done any act, matter, or thing in this chapter

prohibited or declared to be unlawful, or who willfully and

knowingly omits or fails to do any act, matter, or thing in this

chapter required to be done, or willfully and knowingly causes or

suffers such omission or failure, shall, upon conviction thereof,

be punished by a fine of not more than $5,000 or by imprisonment

for not more than two years, or both.

(b) Any person who willfully and knowingly violates any rule,

regulation, restriction, condition, or order made or imposed by the

Commission under authority of this chapter, shall, in addition to

any other penalties provided by law, be punished upon conviction

thereof by a fine of not exceeding $500 for each and every day

during which such offense occurs.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 21, 52 Stat. 833.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7172.

-CITE-

15 USC Sec. 717u 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717u. Jurisdiction of offenses; enforcement of liabilities and

duties

-STATUTE-

The District Courts of the United States and the United States

courts of any Territory or other place subject to the jurisdiction

of the United States shall have exclusive jurisdiction of

violations of this chapter or the rules, regulations, and orders

thereunder, and of all suits in equity and actions at law brought

to enforce any liability or duty created by, or to enjoin any

violation of, this chapter or any rule, regulation, or order

thereunder. Any criminal proceeding shall be brought in the

district wherein any act or transaction constituting the violation

occurred. Any suit or action to enforce any liability or duty

created by, or to enjoin any violation of, this chapter or any

rule, regulation, or order thereunder may be brought in any such

district or in the district wherein the defendant is an inhabitant,

and process in such cases may be served wherever the defendant may

be found. Judgments and decrees so rendered shall be subject to

review as provided in sections 1254, 1291, and 1292 of title 28. No

costs shall be assessed against the Commission in any judicial

proceeding by or against the Commission under this chapter.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 22, 52 Stat. 833; June 25, 1948, ch.

646, Sec. 1, 62 Stat. 875, 895.)

-COD-

CODIFICATION

The words ''the District Court of the United States for the

District of Columbia'' following ''The District Courts of the

United States'' omitted as superfluous in view of section 132(a) of

Title 28, Judiciary and Judicial Procedure, which states that

''There shall be in each judicial district a district court which

shall be a court of record known as the United States District

Court for the district'' and section 88 of title 28 which states

that ''The District of Columbia constitutes one judicial

district''.

''Sections 1254, 1291, and 1292 of title 28'' substituted in text

for ''sections 128 and 240 of the Judicial Code, as amended (28

U.S.C. 225 and 347)'' on authority of act June 25, 1948, ch. 646,

62 Stat. 869, the first section of which enacted Title 28.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and

7293 of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to Chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

15 USC Sec. 717v 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717v. Separability

-STATUTE-

If any provision of this chapter, or the application of such

provision to any person or circumstance, shall be held invalid, the

remainder of the chapter, and the application of such provision to

persons or circumstances other than those as to which it is held

invalid, shall not be affected thereby.

-SOURCE-

(June 21, 1938, ch. 556, Sec. 23, 52 Stat. 833.)

-CITE-

15 USC Sec. 717w 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717w. Short title

-STATUTE-

This chapter may be cited as the ''Natural Gas Act.''

-SOURCE-

(June 21, 1938, ch. 556, Sec. 24, 52 Stat. 833.)

-MISC1-

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-474, Sec. 1, Oct. 6, 1988, 102 Stat. 2302, provided

that: ''This Act (amending section 717f of this title and enacting

provisions set out as a note under section 717f of this title) may

be cited as the 'Uniform Regulatory Jurisdiction Act of 1988'.''

-CITE-

15 USC Sec. 717x 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717x. Conserved natural gas

-STATUTE-

(a) Determination of entitlement

(1) For purposes of determining the natural gas entitlement of

any local distribution company under any curtailment plan, if the

Commission revises any base period established under such plan, the

volumes of natural gas which such local distribution company

demonstrates -

(A) were sold by the local distribution company, for a priority

use immediately before the implementation of conservation

measures, and

(B) were conserved by reason of the implementation of such

conservation measures,

shall be treated by the Commission following such revision as

continuing to be used for the priority use referred to in

subparagraph (A).

(2) The Commission shall, by rule, prescribe methods for

measurement of volumes of natural gas to which subparagraphs (A)

and (B) of paragraph (1) apply.

(b) Conditions, limitations, etc.

Subsection (a) of this section shall not limit or otherwise

affect any provision of any curtailment plan, or any other

provision of law or regulation, under which natural gas may be

diverted or allocated to respond to emergency situations or to

protect public health, safety, and welfare.

(c) Definitions

For purposes of this section -

(1) The term ''conservation measures'' means such energy

conservation measures, as determined by the Commission, as were

implemented after the base period established under the

curtailment plan in effect on November 9, 1978.

(2) The term ''local distribution company'' means any person

engaged in the transportation, or local distribution, of natural

gas and the sale of natural gas for ultimate consumption.

(3) The term ''curtailment plan'' means a plan (including any

modification of such plan required by the Natural Gas Policy Act

of 1978 (15 U.S.C. 3301 et seq.) ) in effect under the Natural

Gas Act (15 U.S.C. 717 et seq.) which provides for recognizing

and implementing priorities of service during periods of

curtailed deliveries.

-SOURCE-

(Pub. L. 95-617, title VI, Sec. 605, Nov. 9, 1978, 92 Stat. 3167.)

-REFTEXT-

REFERENCES IN TEXT

The Natural Gas Policy Act of 1978, referred to in subsec.

(c)(3), is Pub. L. 95-621, Nov. 9, 1978, 92 Stat. 3350, as amended,

which is classified generally to chapter 60 (Sec. 3301 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 3301 of this title and

Tables.

The Natural Gas Act, referred to in subsec. (c)(3), is act June

21, 1938, ch. 556, 52 Stat. 821, as amended, which is classified

generally to this chapter (Sec. 717 et seq.). For complete

classification of this Act to the Code, see section 717w of this

title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Public Utility Regulatory

Policies Act of 1978, and not as part of the Natural Gas Act which

comprises this chapter.

-CITE-

15 USC Sec. 717y 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717y. Voluntary conversion of natural gas users to heavy fuel

oil

-STATUTE-

(a) Transfer of contractual interests

(1) In order to facilitate voluntary conversion of facilities

from the use of natural gas to the use of heavy petroleum fuel oil,

the Commission shall, by rule, provide a procedure for the approval

by the Commission of any transfer to any person described in

paragraph 2(B)(i), (ii), or (iii) of contractual interests

involving the receipt of natural gas described in paragraph 2(A).

(2)(A) The rule required under paragraph (1) shall apply to -

(i) natural gas -

(I) received by the user pursuant to a contract entered into

before September 1, 1977, not including any renewal or

extension thereof entered into or on or after such date other

than any such extension or renewal pursuant to the exercise by

such user of an option to extend or renew such contract;

(II) other than natural gas the sale for resale or the

transportation of which was subject to the jurisdiction of the

Federal Power Commission under the Natural Gas Act (15 U.S.C.

717 et seq.) as of September 1, 1977;

(III) which was used as a fuel in any facility in existence

on September 1, 1977.

(ii) natural gas subject to a prohibition order issued under

section 717z of this title.

(B) The rule required under paragraph (1) shall permit the

transfer of contractual interests -

(i) to any interstate pipeline;

(ii) to any local distribution company served by an interstate

pipeline; and

(iii) to any person served by an interstate pipeline for a high

priority use by such person.

(3) The rule required under paragraph (1) shall provide that any

transfer of contractual interests pursuant to such rule shall be

under such terms and conditions as the Commission may prescribe.

Such rule shall include a requirement for refund of any

consideration, received by the person transferring contractual

interests pursuant to such rule, to the extent such consideration

exceeds the amount by which the costs actually incurred, during the

remainder of the period of the contract with respect to which such

contractual interests are transferred, in direct association with

the use of heavy petroleum fuel oil as a fuel in the applicable

facility exceeds the price under such contract for natural gas,

subject to such contract, delivered during such period.

(4) In prescribing the rule required under paragraph (1), and in

determining whether to approve any transfer of contractual

interests, the Commission shall consider whether such transfer of

contractual interests is likely to increase demand for imported

refined petroleum products.

(b) Commission approval

(1) No transfer of contractual interests authorized by the rule

required under subsection (a)(1) of this section may take effect

unless the Commission issues a certificate of public convenience

and necessity for such transfer if such natural gas is to be resold

by the person to whom such contractual interests are to be

transferred. Such certificate shall be issued by the Commission in

accordance with the requirements of this subsection and those of

section 7 of the Natural Gas Act (15 U.S.C. 717f), and the

provisions of such Act (15 U.S.C. 717 et seq.) applicable to the

determination of satisfaction of the public convenience and

necessity requirements of such section.

(2) The rule required under subsection (a)(1) of this section

shall set forth guidelines for the application on a regional or

national basis (as the Commission determines appropriate) of the

criteria specified in subsection (e)(2) and (3) of this section to

determine the maximum consideration permitted as just compensation

under this section.

(c) Restrictions on transfers unenforceable

Any provision of any contract, which provision prohibits any

transfer of any contractual interests thereunder, or any

commingling or transportation of natural gas subject to such

contract with natural gas the sale for resale or transportation of

which is subject to the jurisdiction of the Commission under the

Natural Gas Act (15 U.S.C. 717 et seq.), or terminates such

contract on the basis of any such transfer, commingling, or

transportation, shall be unenforceable in any court of the United

States and in any court of any State if applied with respect to any

transfer approved under the rule required under subsection (a)(1)

of this section.

(d) Contractual obligations unaffected

The person acquiring contractual interests transferred pursuant

to the rule required under subsection (a)(1) of this section shall

assume the contractual obligations which the person transferring

such contractual interests has under such contract. This section

shall not relieve the person transferring such contractual

interests from any contractual obligation of such person under such

contract if such obligation is not performed by the person

acquiring such contractual interests.

(e) Definitions

For purposes of this section -

(1) The term ''natural gas'' has the same meaning as provided

by section 2(5) of the Natural Gas Act (15 U.S.C. 717a(5)).

(2) The term ''just compensation'', when used with respect to

any contractual interests pursuant to the rule required under

subsection (a)(1) of this section, means the maximum amount of,

or method of determining, consideration which does not exceed the

amount by which -

(A) the reasonable costs (not including capital costs)

incurred, during the remainder of the period of the contract

with respect to which contractual interests are transferred

pursuant to the rule required under subsection (a)(1) of this

section, in direct association with the use of heavy petroleum

fuel oil as a fuel in the applicable facility, exceeds

(B) the price under such contract for natural gas, subject to

such contract, delivered during such period.

For purposes of subparagraph (A), the reasonable costs directly

associated with the use of heavy petroleum fuel oil as a fuel

shall include an allowance for the amortization, over the

remaining useful life, of the undepreciated value of depreciable

assets located on the premises containing such facility, which

assets were directly associated with the use of natural gas and

are not usable in connection with the use of such heavy petroleum

fuel oil.

(3) The term ''just compensation'', when used with respect to

any intrastate pipeline which would have transported or

distributed natural gas with respect to which contractual

interests are transferred pursuant to the rule required under

subsection (a)(1) of this section, means an amount equal to any

loss of revenue, during the remaining period of the contract with

respect to which contractual interests are transferred pursuant

to the rule required under subsection (a)(1) of this section, to

the extent such loss -

(A) is directly incurred by reason of the discontinuation of

the transportation or distribution of natural gas resulting

from the transfer of contractual interests pursuant to the rule

required under subsection (a)(1) of this section; and

(B) is not offset by -

(i) a reduction in expenses associated with such

discontinuation; and

(ii) revenues derived from other transportation or

distribution which would not have occurred if such

contractual interests had not been transferred.

(4) The term ''contractual interests'' means the right to

receive natural gas under contract as affected by an applicable

curtailment plan filed with the Commission or the appropriate

State regulatory authority.

(5) The term ''interstate pipeline'' means any person engaged

in natural gas transportation subject to the jurisdiction of the

Commission under the Natural Gas Act (15 U.S.C. 717 et seq.).

(6) The term ''high-priority use'' means any use of natural gas

(other than its use for the generation of steam for industrial

purposes or electricity) identified by the Commission as a high

priority use for which the Commission determines a substitute

fuel is not reasonably available.

(7) The term ''heavy petroleum fuel oil'' means number 4, 5, or

6 fuel oil which is domestically refined.

(8) The term ''local distribution company'' means any person,

other than any intrastate pipeline or any interstate pipeline,

engaged in the transportation, or local distribution, of natural

gas and the sale of natural gas for ultimate consumption.

(9) The term ''intrastate pipeline'' means any person engaged

in natural gas transportation (not including gathering) which is

not subject to the jurisdiction of the Commission under the

Natural Gas Act.

(10) The term ''facility'' means any electric powerplant, or

major fuel burning installation, as such terms are defined in the

Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8301 et

seq.).

(11) The term ''curtailment plan'' means a plan (including any

modification of such plan required by the Natural Gas Policy Act

of 1978 (15 U.S.C. 3301 et seq.) ), in effect under the Natural

Gas Act or State law, which provides for recognizing and

implementing priorities of service during periods of curtailed

deliveries by any local distribution company, intrastate

pipeline, or interstate pipeline.

(12) The term ''interstate commerce'' has the same meaning as

such term has under the Natural Gas Act.

(f) Coordination with this chapter

(1) Consideration in any transfer of contractual interests

pursuant to the rule required under subsection (a)(1) of this

section shall be deemed just and reasonable for purposes of

sections 4 and 5 of the Natural Gas Act (15 U.S.C. 717c, 717d) if

such consideration does not exceed just compensation.

(2) No person shall be subject to the jurisdiction of the

Commission under the Natural Gas Act (15 U.S.C. 717 et seq.) as a

natural gas-company (within the meaning of such Act) or to

regulation as a common carrier under any provision of Federal or

State law solely by reason of making any sale, or engaging in any

transportation, of natural gas with respect to which contractual

interests are transferred pursuant to the rule required under

subsection (a)(1) of this section.

(3) Nothing in this section shall exempt from the jurisdiction of

the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.)

any transportation in interstate commerce of natural gas, any sale

in interstate commerce for resale of natural gas, or any person

engaged in such transportation or such sale to the extent such

transportation, sale, or person is subject to the jurisdiction of

the Commission under such Act without regard to the transfer of

contractual interests pursuant to the rule required under

subsection (a)(1) of this section.

(4) Nothing in this section shall exempt any person from any

obligation to obtain a certificate of public convenience and

necessity for the sale in interstate commerce for resale or the

transportation in interstate commerce of natural gas with respect

to which contractual interests are transferred pursuant to the rule

required under subsection (a)(1) of this section.

(g) Volume limitation

No supplier of natural gas under any contract, with respect to

which contractual interests have been transferred pursuant to the

rule required under subsection (a)(1) of this section, shall be

required to supply natural gas during any relevant period in volume

amounts which exceed the lesser of -

(1) the volume determined by reference to the maximum delivery

obligations specified in such contract;

(2) the volume which such supplier would have been required to

supply, under the curtailment plan in effect for such supplier,

to the person, who transferred contractual interests pursuant to

the rule required under subsection (a)(1) of this section, if no

such transfer had occurred; and

(3) the volume actually delivered or for which payment would

have been made pursuant to such contract during the

12-calendar-month period ending immediately before such transfer

of contractual interests.

-SOURCE-

(Pub. L. 95-617, title VI, Sec. 606, Nov. 9, 1978, 92 Stat. 3167.)

-REFTEXT-

REFERENCES IN TEXT

The Natural Gas Act, referred to in subsecs. (a)(2)(A)(i)(II),

(b)(1), (c), (e)(5), (9), (11), (12), (f)(2), (3), is act June 21,

1938, ch. 556, 52 Stat. 821, as amended, which is classified

generally to this chapter (Sec. 717 et seq.). For complete

classification of this Act to the Code, see section 717w of this

title and Tables.

The Powerplant and Industrial Fuel Use Act of 1978, referred to

in subsec. (e)(10), is Pub. L. 95-620, Nov. 9, 1978, 92 Stat. 3291,

as amended, which is classified principally to chapter 92 (Sec.

8301 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 8301 of Title 42 and Tables.

The Natural Gas Policy Act of 1978, referred to in subsec.

(e)(11), is Pub. L. 95-621, Nov. 9, 1978, 92 Stat. 3350, as

amended, which is classified generally to chapter 60 (Sec. 3301 et

seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 3301 of this

title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Public Utility Regulatory

Policies Act of 1978, and not as part of the Natural Gas Act which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 717z of this title.

-CITE-

15 USC Sec. 717z 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15B - NATURAL GAS

-HEAD-

Sec. 717z. Emergency conversion of utilities and other facilities

-STATUTE-

(a) Presidential declaration

The President may declare a natural gas supply emergency (or

extend a previously declared emergency) if he finds that -

(1) a severe natural gas shortage, endangering the supply of

natural gas for high-priority uses, exists or is imminent in the

United States or in any region thereof; and

(2) the exercise of authorities under this section is

reasonably necessary, having exhausted other alternatives (not

including section 3363 of this title) to the maximum extent

practicable, to assist in meeting natural gas requirements for

such high-priority uses.

(b) Limitation

(1) Any declaration of a natural gas supply emergency (or

extension thereof) under subsection (a) of this section, shall

terminate at the earlier of -

(A) the date on which the President finds that any shortage

described in subsection (a) of this section does not exist or is

not imminent; or

(B) 120 days after the date of such declaration of emergency

(or extension thereof).

(2) Nothing in this subsection shall prohibit the President from

extending, under subsection (a) of this section, any emergency (or

extension thereof) previously declared under subsection (a) of this

section, upon the expiration of such declaration of emergency (or

extension thereof) under paragraph (1)(B).

(c) Prohibitions

During a natural gas emergency declared under this section, the

President may, by order, prohibit the burning of natural gas by any

electric powerplant or major fuel-burning installation if the

President determines that -

(1) such powerplant or installation had on September 1, 1977

(or at any time thereafter) the capability to burn petroleum

products without damage to its facilities or equipment and

without interference with operational requirements;

(2) significant quantities of natural gas which would otherwise

be burned by such powerplant or installation could be made

available before the termination of such emergency to any person

served by an interstate pipeline for use by such person in a

high-priority use; and

(3) petroleum products will be available for use by such

powerplant or installation throughout the period the order is in

effect.

(d) Limitations

The President may specify in any order issued under this section

the periods of time during which such order will be in effect and

the quantity (or rate of use) of natural gas that may be burned by

an electric powerplant or major fuel-burning installation during

such period, including the burning of natural gas by an electric

powerplant to meet peak load requirements. No such order may

continue in effect after the termination or expiration of such

natural gas supply emergency.

(e) Exemption for secondary uses

The President shall exempt from any order issued under this

section the burning of natural gas for the necessary processes of

ignition, startup, testing, and flame stabilization by an electric

powerplant or major fuel-burning installation.

(f) Exemption for air-quality emergencies

The President shall exempt any electric powerplant or major

fuel-burning installation in whole or in part, from any order

issued under this section for such period and to such extent as the

President determines necessary to alleviate any imminent and

substantial endangerment to the health of persons within the

meaning of section 7603 of title 42.

(g) Limitation on injunctive relief

(1) Except as provided in paragraph (2), no court shall have

jurisdiction to grant any injunctive relief to stay or defer the

implementation of any order issued under this section unless such

relief is in connection with a final judgment entered with respect

to such order.

(2)(A) On the petition of any person aggrieved by an order issued

under this section, the United States District Court for the

District of Columbia may, after an opportunity for a hearing before

such court and on an appropriate showing, issue a preliminary

injunction temporarily enjoining, in whole or in part, the

implementation of such order.

(B) For purposes of this paragraph, subpenas for witnesses who

are required to attend the District Court for the District of

Columbia may be served in any judicial district of the United

States, except that no writ of subpena under the authority of this

section shall issue for witnesses outside of the District of

Columbia at a greater distance than 100 miles from the place of

holding court unless the permission of the District Court for the

District of Columbia has been granted after proper application and

cause shown.

(h) Definitions

For purposes of this section -

(1) The terms ''electric powerplant'', ''powerplant'', ''major

fuel-burning installation'', and ''installation'' shall have the

same meanings as such terms have under section 8302 of title 42.

(2) The term ''petroleum products'' means crude oil, or any

product derived from crude oil other than propane.

(3) The term ''high priority use'' means any -

(A) use of natural gas in a residence;

(B) use of natural gas in a commercial establishment in

amounts less than 50 Mcf on a peak day; or

(C) any use of natural gas the curtailment of which the

President determines would endanger life, health, or

maintenance of physical property.

(4) The term ''Mcf'', when used with respect to natural gas,

means 1,000 cubic feet of natural gas measured at a pressure of

14.73 pounds per square inch (absolute) and a temperature of 60

degrees Fahrenheit.

(i) Use of general terms

In applying the provisions of this section in the case of natural

gas subject to a prohibition order issued under this section, the

term ''petroleum products'' (as defined in subsection (h)(2) of

this section) shall be substituted for the term ''heavy petroleum

fuel oil'' (as defined in section 717y(e)(7) of this title) if the

person subject to any order under this section demonstrates to the

Commission that the acquisition and use of heavy petroleum fuel oil

is not technically or economically feasible.

-SOURCE-

(Pub. L. 95-617, title VI, Sec. 607, Nov. 9, 1978, 92 Stat. 3171.)

-COD-

CODIFICATION

Section was enacted as part of the Public Utility Regulatory

Policies Act of 1978, and not as part of the Natural Gas Act which

comprises this chapter.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section, except for authority

to declare, extend, and terminate a natural gas supply emergency

pursuant to subsecs. (a) and (b) of this section, delegated to

Secretary of Energy, see section 1-102 of Ex. Ord. No. 12235, Sept.

3, 1980, 45 F.R. 58803, set out as a note under section 3364 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 717y, 3363 of this title.

-CITE-