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42 U.S.C. § 7173 — Jurisdiction of Commission

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7173 — Jurisdiction of Commission

**(a) Transfer of functions from Federal Power Commission** (1) There are transferred to, and vested in, the Commission the following functions of the Federal Power Commission or of any member of the Commission or any officer or component of the Commission: (A) the investigation, issuance, transfer, renewal, revocation, and enforcement of licenses and permits for the construction, operation, and maintenance of dams, water conduits, reservoirs, powerhouses, transmission lines, or other works for the development and improvement of navigation and for the development and utilization of power across, along, from, or in navigable waters under part I of the Federal Power Act [[16 U.S.C. 791a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) et seq.]; (B) the establishment, review, and enforcement of rates and charges for the transmission or sale of electric energy, including determinations on construction work in progress, under part II of the Federal Power Act [[16 U.S.C. 824](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824&num=0&edition=prelim) et seq.], and the interconnection, under section 202(b), of such Act [[16 U.S.C. 824a(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824a/b&num=0&edition=prelim)], of facilities for the generation, transmission, and sale of electric energy (other than emergency interconnection); (C) the establishment, review, and enforcement of rates and charges for the transportation and sale of natural gas by a producer or gatherer or by a natural gas pipeline or natural gas company under sections 1, 4, 5, and 6 of the Natural Gas Act [[15 U.S.C. 717](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-sec

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Stable record: federal_law:legal_authorities:record_usc_335682675ce36c6171d430a5
Source file: Laws/federal/codes/united-states-code/title-42/section-7173-jurisdiction-of-commission--f0d88c12b3.md
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Source location: Title 42, Chapter 84, § 7173; chapter-084-department-of-energy.md

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**(a) Transfer of functions from Federal Power Commission** (1) There are transferred to, and vested in, the Commission the following functions of the Federal Power Commission or of any member of the Commission or any officer or component of the Commission: (A) the investigation, issuance, transfer, renewal, revocation, and enforcement of licenses and permits for the construction, operation, and maintenance of dams, water conduits, reservoirs, powerhouses, transmission lines, or other works for the development and improvement of navigation and for the development and utilization of power across, along, from, or in navigable waters under part I of the Federal Power Act [[16 U.S.C. 791a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) et seq.]; (B) the establishment, review, and enforcement of rates and charges for the transmission or sale of electric energy, including determinations on construction work in progress, under part II of the Federal Power Act [[16 U.S.C. 824](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824&num=0&edition=prelim) et seq.], and the interconnection, under section 202(b), of such Act [[16 U.S.C. 824a(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824a/b&num=0&edition=prelim)], of facilities for the generation, transmission, and sale of electric energy (other than emergency interconnection); (C) the establishment, review, and enforcement of rates and charges for the transportation and sale of natural gas by a producer or gatherer or by a natural gas pipeline or natural gas company under sections 1, 4, 5, and 6 of the Natural Gas Act [[15 U.S.C. 717](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717&num=0&edition=prelim), 717c to 717e]; (D) the issuance of a certificate of public convenience and necessity, including abandonment of facilities or services, and the establishment of physical connections under section 7 of the Natural Gas Act [[15 U.S.C. 717f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717f&num=0&edition=prelim)]; (E) the establishment, review, and enforcement of curtailments, other than the establishment and review of priorities for such curtailments, under the Natural Gas Act [[15 U.S.C. 717](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717&num=0&edition=prelim) et seq.]; and (F) the regulation of mergers and securities acquisition under the Federal Power Act [[16 U.S.C. 791a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) et seq.] and Natural Gas Act [[15 U.S.C. 717](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717&num=0&edition=prelim) et seq.]. (2) The Commission may exercise any power under the following sections to the extent the Commission determines such power to be necessary to the exercise of any function within the jurisdiction of the Commission: (A) sections 4, 301, 302, 306 through 309, and 312 through 316 of the Federal Power Act [[16 U.S.C. 797](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section797&num=0&edition=prelim), 825, 825a, 825e to 825h, 825k to 825o]; and (B) sections 8, 9, 13 through 17, 20, and 21 of the Natural Gas Act [[15 U.S.C. 717g](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717g&num=0&edition=prelim), 717h, 717l to 717p, 717s, 717t]. **(b) Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379** **(c) Consideration of proposals made by Secretary to amend regulations issued under [section 753 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section753&num=0&edition=prelim); exception** (1) Pursuant to the procedures specified in [section 7174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7174&num=0&edition=prelim) and except as provided in paragraph (2), the Commission shall have jurisdiction to consider any proposal by the Secretary to amend the regulation required to be issued under section 753(a) 11 See References in Text note below. of title 15 which is required by section 757 or 760a 1 of title 15 to be transmitted by the President to, and reviewed by, each House of Congress, under [section 6421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6421&num=0&edition=prelim). (2) In the event that the President determines that an emergency situation of overriding national importance exists and requires the expeditious promulgation of a rule described in paragraph (1), the President may direct the Secretary to assume sole jurisdiction over the promulgation of such rule, and such rule shall be transmitted by the President to, and reviewed by, each House of Congress under section 757 or 760a 1 of title 15, and [section 6421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6421&num=0&edition=prelim). **(d) Matters involving agency determinations to be made on record after agency hearing** The Commission shall have jurisdiction to hear and determine any other matter arising under any other function of the Secretary— (1) involving any agency determination required by law to be made on the record after an opportunity for an agency hearing; or (2) involving any other agency determination which the Secretary determines shall be made on the record after an opportunity for an agency hearing, except that nothing in this subsection shall require that functions under sections 6213 and 6214 1 of this title shall be within the jurisdiction of the Commission unless the Secretary assigns such a function to the Commission. **(e) Matters assigned by Secretary after public notice and matters referred under [section 7174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7174&num=0&edition=prelim)** In addition to the other provisions of this section, the Commission shall have jurisdiction over any other matter which the Secretary may assign to the Commission after public notice, or which are required to be referred to the Commission pursuant to [section 7174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7174&num=0&edition=prelim). **(f) Limitation** No function described in this section which regulates the exports or imports of natural gas or electricity shall be within the jurisdiction of the Commission unless the Secretary assigns such a function to the Commission. **(g) Final agency action** The decision of the Commission involving any function within its jurisdiction, other than action by it on a matter referred to it pursuant to [section 7174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7174&num=0&edition=prelim), shall be final agency action within the meaning of [section 704 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section704&num=0&edition=prelim) and shall not be subject to further review by the Secretary or any officer or employee of the Department. **(h) Rules, regulations, and statements of policy** The Commission is authorized to prescribe rules, regulations, and statements of policy of general applicability with respect to any function under the jurisdiction of the Commission pursuant to this section.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 791a — Short title

This chapter may be cited as the “Federal Power Act”.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 704 — Actions reviewable

Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review. A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of the final agency action. Except as otherwise expressly required by statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration, or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1651 — Congressional findings and declaration

The Congress finds and declares that: **(a)** The early development and delivery of oil and gas from Alaska’s North Slope to domestic markets is in the national interest because of growing domestic shortages and increasing dependence upon insecure foreign sources. **(b)** The Department of the Interior and other Federal agencies, have, over a long period of time, conducted extensive studies of the technical aspects and of the environmental, social, and economic impacts of the proposed trans-Alaska oil pipeline, including consideration of a trans-Canada pipeline. **(c)** The earliest possible construction of a trans-Alaska oil pipeline from the North Slope of Alaska to Port Valdez in that State will make the extensive proven and potential reserves of low-sulfur oil available for domestic use and will best serve the national interest. **(d)** A supplemental pipeline to connect the North Slope with a trans-Canada pipeline may be needed later and it should be studied now, but it should not be regarded as an alternative for a trans-Alaska pipeline that does not traverse a foreign country.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7174 — Initiation of rulemaking procedures before Commission

**(a) Proposal of rules, regulations, and statements of policy of general applicability by Secretary and Commission** The Secretary and the Commission are authorized to propose rules, regulations, and statements of policy of general applicability with respect to any function within the jurisdiction of the Commission under [section 7172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7172&num=0&edition=prelim). **(b) Consideration and final action on proposals of Secretary** The Commission shall have exclusive jurisdiction with respect to any proposal made under subsection (a), and shall consider and take final action on any proposal made by the Secretary under such subsection in an expeditious manner in accordance with such reasonable time limits as may be set by the Secretary for the completion of action by the Commission on any such proposal. **(c) Utilization of rulemaking procedures for establishment of rates and charges under Federal Power Act and Natural Gas Act** Any function described in [section 7172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7172&num=0&edition=prelim) which relates to the establishment of rates and charges under the Federal Power Act [[16 U.S.C. 791a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) et seq.] or the Natural Gas Act [[15 U.S.C. 717](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717&num=0&edition=prelim) et seq.], may be conducted by rulemaking procedures. Except as provided in subsection (d), the procedures in such a rulemaking proceeding shall assure full consideration of the issues and an opportunity for interested persons to present their views. **(d)

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7174

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6421 — Limitation on loan guarantees

Loan guarantees and obligation guarantees under this Act or any amendment to another law made by this Act may not be issued in violation of any limitation in appropriations or other Acts, with respect to the amounts of outstanding obligational authority.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 60502 — Federal Energy Regulatory Commission

The Federal Energy Regulatory Commission has the duties and powers related to the establishment of a rate or charge for the transportation of oil by pipeline or the valuation of that pipeline that were vested on October 1, 1977, in the Interstate Commerce Commission or an officer or component of the Interstate Commerce Commission.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 717g — Accounts; records; memoranda

**(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,

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 717g

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 717f — Construction, extension, or abandonment of facilities

**(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 comp

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 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 fa

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 824 — Declaration of policy; application of subchapter

**(a) Federal regulation of transmission and sale of electric energy** It is declared that the business of transmitting and selling electric energy for ultimate distribution to the public is affected with a public interest, and that Federal regulation of matters relating to generation to the extent provided in this subchapter and subchapter III of this chapter and of that part of such business which consists of the transmission of electric energy in interstate commerce and the sale of such energy at wholesale in interstate commerce is necessary in the public interest, such Federal regulation, however, to extend only to those matters which are not subject to regulation by the States. **(b) Use or sale of electric energy in interstate commerce** (1) The provisions of this subchapter shall apply to the transmission of electric energy in interstate commerce and to the sale of electric energy at wholesale in interstate commerce, but except as provided in paragraph (2) shall not apply to any other sale of electric energy or deprive a State or State commission of its lawful authority now exercised over the exportation of hydroelectric energy which is transmitted across a State line. The Commission shall have jurisdiction over all facilities for such transmission or sale of electric energy, but shall not have jurisdiction, except as specifically provided in this subchapter and subchapter III of this chapter, over facilities used for the generation of electric energy or over facilities used in local distribution or only for the transmission of electric energy in intrastate commerce, or over facilities for the transmission of electric energy consumed wholly by the transmitter. (2) Notwithstanding subsection (f), the provisions of sections 824b(a)(2), 824e(e), 824i, 824j, 824j–

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 824

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