15 Usc 717

Page 1031

§ 715l. Repealed. June 22, 1942, ch. 436, 56 Stat.
381
Section, acts Feb. 22, 1935, ch. 18, § 13, 49 Stat. 33; June
14, 1937, ch. 335, 50 Stat. 257; June 29, 1939, ch. 250, 53
Stat. 927, provided for expiration of this chapter on
June 30, 1942.

§ 715m. Cooperation between Secretary of the Interior and Federal and State authorities
The Secretary of the Interior, in carrying out
this chapter, is authorized to cooperate with
Federal and State authorities.
(June 25, 1946, ch. 472, § 3, 60 Stat. 307.)
CODIFICATION
Section was not enacted as a part act Feb. 22, 1935,
which comprises this chapter.
DELEGATION OF FUNCTIONS
Delegation of President’s authority to Secretary of
the Interior, see note set out under section 715j of this
title.

CHAPTER 15B—NATURAL GAS
Sec.

717.
717a.
717b.
717b–1.
717c.
717c–1.
717d.
717e.
717f.
717g.
717h.
717i.
717j.
717k.
717l.
717m.
717n.
717o.
717p.
717q.
717r.
717s.
717t.
717t–1.
717t–2.
717u.
717v.
717w.
717x.
717y.
717z.

§ 717

TITLE 15—COMMERCE AND TRADE

Regulation of natural gas companies.
Definitions.
Exportation or importation of natural gas;
LNG terminals.
State and local safety considerations.
Rates and charges.
Prohibition on market manipulation.
Fixing rates and charges; determination of
cost of production or transportation.
Ascertainment of cost of property.
Construction, extension, or abandonment of
facilities.
Accounts; records; memoranda.
Rates of depreciation.
Periodic and special reports.
State compacts for conservation, transportation, etc., of natural gas.
Officials dealing in securities.
Complaints.
Investigations by Commission.
Process coordination; hearings; rules of procedure.
Administrative powers of Commission; rules,
regulations, and orders.
Joint boards.
Appointment of officers and employees.
Rehearing and review.
Enforcement of chapter.
General penalties.
Civil penalty authority.
Natural gas market transparency rules.
Jurisdiction of offenses; enforcement of liabilities and duties.
Separability.
Short title.
Conserved natural gas.
Voluntary conversion of natural gas users to
heavy fuel oil.
Emergency conversion of utilities and other
facilities.

§ 717. Regulation of natural gas companies
(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, and to
the importation or exportation of natural gas in
foreign commerce and to persons engaged in
such importation or exportation, 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.
(June 21, 1938, ch. 556, § 1, 52 Stat. 821; Mar. 27,
1954, ch. 115, 68 Stat. 36; Pub. L. 102–486, title IV,
§ 404(a)(1), Oct. 24, 1992, 106 Stat. 2879; Pub. L.
109–58, title III, § 311(a), Aug. 8, 2005, 119 Stat.
685.)
AMENDMENTS
2005—Subsec. (b). Pub. L. 109–58 inserted ‘‘and to the
importation or exportation of natural gas in foreign
commerce and to persons engaged in such importation
or exportation,’’ after ‘‘such transportation or sale,’’.
1992—Subsec. (d). Pub. L. 102–486 added subsec. (d).

§ 717a

TITLE 15—COMMERCE AND TRADE

1954—Subsec. (c). Act Mar. 27, 1954, added subsec. (c).
TERMINATION OF FEDERAL POWER COMMISSION;
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.
STATE LAWS AND REGULATIONS
Pub. L. 102–486, title IV, § 404(b), Oct. 24, 1992, 106 Stat.
2879, 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.
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.

§ 717a. Definitions
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.

Page 1032

(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 selfpropelled vehicle.
(11) ‘‘LNG terminal’’ includes all natural gas
facilities located onshore or in State waters
that are used to receive, unload, load, store,
transport, gasify, liquefy, or process natural
gas that is imported to the United States from
a foreign country, exported to a foreign country from the United States, or transported in
interstate commerce by waterborne vessel, but
does not include—
(A) waterborne vessels used to deliver natural gas to or from any such facility; or
(B) any pipeline or storage facility subject
to the jurisdiction of the Commission under
section 717f of this title.
(June 21, 1938, ch. 556, § 2, 52 Stat. 821; Pub. L.
102–486, title IV, § 404(a)(2), Oct. 24, 1992, 106 Stat.
2879; Pub. L. 109–58, title III, § 311(b), Aug. 8, 2005,
119 Stat. 685.)
AMENDMENTS
2005—Par. (11). Pub. L. 109–58 added par. (11).
1992—Par. (10). Pub. L. 102–486 added par. (10).
TERMINATION OF FEDERAL POWER COMMISSION;
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.

§ 717b. Exportation or importation of natural gas;
LNG terminals
(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