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

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)

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Source file: Laws/federal/codes/united-states-code/title-42/section-7174-initiation-of-rulemaking-procedures-before-commission--e779763719.md
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Source location: Title 42, Chapter 84, § 7174; chapter-084-department-of-energy.md

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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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42 U.S.C. § 7172 — Appointment and administration

**(a) Federal Energy Regulatory Commission; establishment** There is established within the Department an independent regulatory commission to be known as the Federal Energy Regulatory Commission. **(b) Composition; term of office; conflict of interest; expiration of terms** (1) The Commission shall be composed of five members appointed by the President, by and with the advice and consent of the Senate. One of the members shall be designated by the President as Chairman. Members shall hold office for a term of 5 years and may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. Not more than three members of the Commission shall be members of the same political party. Any Commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A Commissioner may continue to serve after the expiration of his term until his successor is appointed and has been confirmed and taken the oath of Office, except that such Commissioner shall not serve beyond the end of the session of the Congress in which such term expires. Members of the Commission shall not engage in any other business, vocation, or employment while serving on the Commission. (2) Notwithstanding the third sentence of paragraph (1), the terms of members first taking office after April 11, 1990, shall expire as follows: (A) In the case of members appointed to succeed members whose terms expire in 1991, one such member’s term shall expire on June 30, 1994, and one such member’s term shall expire on June 30, 1995, as designated by the President at the time of appointment. (B) In the case of members appointed to succeed members whose terms expire in 1992, one

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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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15 U.S.C. § 717w — Short title

This chapter may be cited as the “Natural Gas Act.”

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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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15 U.S.C. § 717 — Regulation of natural gas companies

Page 1186 TITLE 15—COMMERCE AND TRADE § 715l § 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 In- terior and Federal and State authorities The Secretary of the Interior, in carrying out the Act of February 22, 1935, as amended (15 U.S.C., ch. 15A), is authorized to cooperate with Federal and State authorities. (June 25, 1946, ch. 472, § 3, 60 Stat. 307.) Editorial Notes REFERENCES IN TEXT Act of February 22, 1935, referred to in text, is act Feb. 22, 1935, ch. 18, 49 Stat. 30, popularly known as the ‘‘Hot Oil Act’’ and also as the ‘‘Connally Hot Oil Act’’, which is classified generally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 715 of this title and Ta- bles. CODIFICATION Section was not enacted as a part of act Feb. 22, 1935, which comprises this chapter. Executive Documents 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. Regulation of natural gas companies. 717a. Definitions. 717b. Exportation or importation of natural gas; LNG terminals. 717b–1. State and local safety considerations. 717c. Rates and charges. 717c–1. Prohibition on market manipulation. 717d. Fixing rates and charges; determination of cost of production or transportation. 717e. Ascertainment of cost of property. 717f. Construction, extension, or abandonment of facilities. 717g. Accounts; records; memoranda. 717h. Rates of

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

16 U.S.C. § 791a — Short title

Page 1364 TITLE 16—CONSERVATION § 791 Sec. Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 113–23, § 2, Aug. 9, 2013, 127 Stat. 493, provided that: ‘‘Congress finds that— ‘‘(1) the hydropower industry currently employs ap- proximately 300,000 workers across the United States; ‘‘(2) hydropower is the largest source of clean, re- newable electricity in the United States; ‘‘(3) as of the date of enactment of this Act [Aug. 9, 2013], hydropower resources, including pumped stor- age facilities, provide— ‘‘(A) nearly 7 percent of the electricity generated in the United States; and ‘‘(B) approximately 100,000 megawatts of electric capacity in the United States; ‘‘(4) only 3 percent of the 80,000 dams in the United States generate electricity, so there is substantial potential for adding hydropower generation to non- powered dams; and ‘‘(5) according to one study, by utilizing currently untapped resources, the United States could add ap- proximately 60,000 megawatts of new hydropower ca- pacity by 2025, which could create 700,000 new jobs over the next 13 years.’’ SUBCHAPTER I—REGULATION OF THE DE- VELOPMENT OF WATER POWER AND RE- SOURCES Statutory Notes and Related Subsidiaries CODIFICATION; CONSTRUCTION Act Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847, provided that sections 1 to 29 of the Federal Water Power Act, as amended (sections 792, 793, 794 to 797, 798 to 818, 819, and 820 to 823 of this title) shall constitute part I of the act. Said section 212 also repealed sections 25 and 30 of the act (sections 819, 791 of this title). It also contained a proviso as follows: ‘‘That nothing in that Act, as amended, shall be construed to repeal or amend the provisions of the amendment to the Federal Water Power Act approved March 3, 192

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

42 U.S.C. § 7174 — Referral of other rulemaking proceedings

Page 7076 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7174 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 comple- tion of action by the Commission on any such proposal. (c) Utilization of rulemaking procedures for es- tablishment of rates and charges under Fed- eral Power Act and Natural Gas Act Any function described in section 7172 of this title which relates to the establishment of rates and charges under the Federal Power Act [16 U.S.C. 791a et seq.] or the Natural Gas Act [15 U.S.C. 717 et seq.], may be conducted by rule- making procedures. Except as provided in sub- section (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) Submission of written questions by inter- ested persons With respect to any rule or regulation promul- gated by the Commission to establish rates and charges for the first sale of natural gas by a pro- ducer or gatherer to a natural gas pipeline under the Natural Gas Act [15 U.S.C. 717 et seq.], the Commission may afford any interested person a reasonable opportunity to submit written ques- tions with respect to disputed issues of fact to other interested persons participating in the rulemaking proceedings. The Commission may establish a reasonable time for both the submis- sion of questions and responses thereto. (Pub. L. 95–91, title IV, § 403, Aug. 4, 1977, 91 Stat. 585.) Editorial Notes REFERENCES IN TEXT The Federal Power Act, referred to in subsec. (c), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classi- fied g

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