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

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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Stable record: federal_law:legal_authorities:record_usc_bf08f4e50a71aae927fd8dcb
Source file: Laws/federal/codes/united-states-code/title-15/section-717f-construction-extension-or-abandonment-of-facilities--76922ff502.md
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Passage SHA-256: 82c63909dbb37395b917ad05eb2baaf5769d456fcea15f92352aeac28c263287

Source location: Title 15, Chapter 15B, § 717f; chapter-15b-natural-gas.md

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**(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.

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

15 U.S.C. § 719e — Presidential decision and report

**(a) Dateline for decision; transmission to Congress, delay: notice to Congress; contents of decision; chairman, appointment; Federal inspector of construction: duties, including establishment of joint surveillance and monitoring agreement** (1) As soon as practicable after July 1, 1977, but not later than September 1, 1977, the President shall issue a decision as to whether a transportation system for delivery of Alaska natural gas should be approved under this chapter. If he determines such a system should be so approved, his decision shall designate such a system for approval pursuant to [section 719f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719f&num=0&edition=prelim) and shall be consistent with [section 719c(b)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c/b/1/C&num=0&edition=prelim) to assure delivery of Alaska natural gas to points both east and west of the Rocky Mountains in the continental United States. The President in making his decision shall take into consideration the Commission’s recommendation pursuant to [section 719c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c&num=0&edition=prelim), the report under [section 719c(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c/c&num=0&edition=prelim), and any comments submitted under [section 719d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719d&num=0&edition=prelim); and his decision to designate a system for approval shall be based on his determination as to which system, if any, best serves the national interest. (2) The President, for a period of up to 90 addi

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

15 U.S.C. § 717w — Short title

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

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

15 U.S.C. § 3311 to 3333 — Definitions

For purposes of this chapter— (1) **Natural gas** — The term “natural gas” means either natural gas unmixed, or any mixture of natural and artificial gas. (2) **Well** — The term “well” means any well for the discovery or production of natural gas, crude oil, or both. (3) **New well** — The term “new well” means any well— (A) the surface drilling of which began on or after February 19, 1977; or (B) the depth of which was increased, by means of drilling on or after February 19, 1977, to a completion location which is located at least 1,000 feet below the depth of the deepest completion location of such well attained before February 19, 1977. (4) **Old well** — The term “old well” means any well other than a new well. (5) **Marker well** (A) *General rule* — The term “marker well” means any well from which natural gas was produced in commercial quantities at any time after January 1, 1970, and before April 20, 1977. (B) *New wells* — The term “marker well” does not include any new well under paragraph (3)(A) but includes any new well under paragraph (3)(B) if such well qualifies as a marker well under subparagraph (A) of this paragraph. (6) **Reservoir** — The term “reservoir” means any producible natural accumulation of natural gas, crude oil, or both, confined— (A) by impermeable rock or water barriers and characterized by a single natural pressure system; or (B) by lithologic or structural barriers which prevent pressure communication. (7) **Completion location** (A) *General rule* — The term “completion location” means any subsurface location from which natural gas is being or has been produced in commercial quantities. (B) *Marker well* — The term “completion location”, when used with reference to any marker well, means any subsurface l

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3311 to 3333

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

15 U.S.C. § 3411 — Limitation on revoking or amending certain pre-1969 certificates of public convenience and necessity

**(a) General rule** The Commission may not, during the 10-year period beginning on November 9, 1978, revoke or amend any certificate of public convenience and necessity issued before January 1, 1969, 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)] for the transportation of natural gas owned by any electric utility except upon the application of the person to whom such certificate was issued. **(b) Commission curtailment authority** The limitation under subsection (a) shall not affect the authority of the Commission to enforce any curtailment of deliveries of natural gas 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.].

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

15 U.S.C. § 3432 — Coordination with the Natural Gas Act

**(a) Jurisdiction of the Commission under the Natural Gas Act** (1) **Sales** (A) *Application to first sales* — For purposes of section 1(b) of the Natural Gas Act [[15 U.S.C. 717(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717/b&num=0&edition=prelim)], the provisions 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) et seq.], and the jurisdiction of the Commission under such Act shall not apply to any natural gas solely by reason of any first sale of such natural gas. (B) *Authorized sales or assignments* — For purposes of section 1(b) of the Natural Gas Act [[15 U.S.C. 717(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717/b&num=0&edition=prelim)], the provisions 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) et seq.] and the jurisdiction of the Commission under such Act shall not apply by reason of any sale of natural gas— (i) authorized under section 3362(a) or 3371(b) of this title; or (ii) pursuant to any assigned 11 So in original. Probably should be “assignment”. authorized under [section 3372(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3372/a&num=0&edition=prelim). (C) *Natural-gas company* — For purposes 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) et seq.], the term “natural-gas company” (as defined in section 2(6) of such Act [[15 U.S.C. 717a(6)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717a/6&num=0&edition

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

15 U.S.C. § 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. (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. (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 Unit

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

15 U.S.C. § 717n — Process coordination; hearings; rules of procedure

**(a) Definition** In this section, the term “Federal authorization”— (1) means any authorization required under Federal law with respect to an application for authorization under [section 717b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717b&num=0&edition=prelim) or a certificate of public convenience and necessity under [section 717f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717f&num=0&edition=prelim); and (2) includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to an application for authorization under [section 717b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717b&num=0&edition=prelim) or a certificate of public convenience and necessity under [section 717f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717f&num=0&edition=prelim). **(b) Designation as lead agency** (1) **In general** — The Commission shall act as the lead agency for the purposes of coordinating all applicable Federal authorizations and for the purposes of complying with the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.). (2) **Other agencies** — Each Federal and State agency considering an aspect of an application for Federal authorization shall cooperate with the Commission and comply with the deadlines established by the Commission. **(c) Schedule** (1) **Commission authority to set schedule** — The Commission shall establish a schedule for all Federal authorizations. In establishing the schedul

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

15 U.S.C. § 717r — Rehearing and review

**(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), 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 pr

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

15 U.S.C. § 717y — Voluntary conversion of natural gas users to heavy fuel oil

**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717z&num=0&edition=prelim). (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 pro

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

16 U.S.C. § 2611 — Findings

The Congress finds that the protection of the public health, safety, and welfare, the preservation of national security, and the proper exercise of congressional authority under the Constitution to regulate interstate commerce require— (1) a program providing for increased conservation of electric energy, increased efficiency in the use of facilities and resources by electric utilities, and equitable retail rates for electric consumers, (2) a program to improve the wholesale distribution of electric energy, the reliability of electric service, the procedures concerning consideration of wholesale rate applications before the Federal Energy Regulatory Commission, the participation of the public in matters before the Commission, and to provide other measures with respect to the regulation of the wholesale sale of electric energy, (3) a program to provide for the expeditious development of hydroelectric potential at existing small dams to provide needed hydroelectric power, (4) a program for the conservation of natural gas while insuring that rates to natural gas consumers are equitable, (5) a program to encourage the development of crude oil transportation systems, and (6) the establishment of certain other authorities as provided in title VI of this Act.

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