Legislación
US (United States) Code. Title 15. Chapter 15B: Natural Gas
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15 USC CHAPTER 15B - NATURAL GAS 01/06/03
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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.
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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.
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15 USC Sec. 717 01/06/03
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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.
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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.
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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.
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15 USC Sec. 717a 01/06/03
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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.
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15 USC Sec. 717b 01/06/03
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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).
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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.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 49 section 60104.
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15 USC Sec. 717c 01/06/03
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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