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15 U.S.C. § 720a — Issuance of certificate of public convenience and necessity

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

15 U.S.C. § 720a — Issuance of certificate of public convenience and necessity

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Stable record: federal_law:legal_authorities:record_usc_e055dad58c765b1d35d45032
Source file: Laws/federal/codes/united-states-code/title-15/section-720a-issuance-of-certificate-of-public-convenience-and-necessity--edf390913c.md
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Source location: Title 15, Chapter 15D, § 720a; chapter-15d-alaska-natural-gas-pipeline.md

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**(a) Authority of the Commission** Notwithstanding the Alaska Natural Gas Transportation Act of 1976 ([15 U.S.C. 719](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719&num=0&edition=prelim) et seq.), the Commission may, in accordance with section 7(c) of the Natural Gas Act ([15 U.S.C. 717f(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717f/c&num=0&edition=prelim)), consider and act on an application for the issuance of a certificate of public convenience and necessity authorizing the construction and operation of an Alaska natural gas transportation project other than the Alaska natural gas transportation system. **(b) Issuance of certificate** (1) **In general** — The Commission shall issue a certificate of public convenience and necessity authorizing the construction and operation of an Alaska natural gas transportation project under this section if the applicant has satisfied the requirements of section 7(e) of the Natural Gas Act ([15 U.S.C. 717f(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717f/e&num=0&edition=prelim)). (2) **Considerations** — In considering an application under this section, the Commission shall presume that— (A) a public need exists to construct and operate the proposed Alaska natural gas transportation project; and (B) sufficient downstream capacity will exist to transport the Alaska natural gas moving through the project to markets in the contiguous United States. **(c) Expedited approval process** Not later than 60 days after the date of issuance of the final environmental impact statement under [section 720b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section720b&num=0&edition=prelim) for an Alaska natural gas transportation project, the Commission shall issue a final order granting or denying any application for a certificate of public convenience and necessity for the project under section 7(c) of the Natural Gas Act ([15 U.S.C. 717f(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717f/c&num=0&edition=prelim)) and this section. **(d) Prohibition of certain pipeline route** No license, permit, lease, right-of-way, authorization, or other approval required under Federal law for the construction of any pipeline to transport natural gas from land within the Prudhoe Bay oil and gas lease area may be granted for any pipeline that follows a route that— (1) traverses land beneath navigable waters (as defined in [section 1301 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim)) beneath, or the adjacent shoreline of, the Beaufort Sea; and (2) enters Canada at any point north of 68 degrees north latitude. **(e) Open season** (1) **In general** — Not later than 120 days after October 13, 2004, the Commission shall issue regulations governing the conduct of open seasons for Alaska natural gas transportation projects (including procedures for the allocation of capacity). (2) **Regulations** — The regulations referred to in paragraph (1) shall— (A) include the criteria for and timing of any open seasons; (B) promote competition in the exploration, development, and production of Alaska natural gas; and (C) for any open season for capacity exceeding the initial capacity, provide the opportunity for the transportation of natural gas other than from the Prudhoe Bay and Point Thomson units. (3) **Applicability** — Except in a case in which an expansion is ordered in accordance with [section 720c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section720c&num=0&edition=prelim), initial or expansion capacity on any Alaska natural gas transportation project shall be allocated in accordance with procedures to be established by the Commission in regulations issued under paragraph (1). **(f) Projects in the contiguous United States** (1) **In general** — An application for additional or expanded pipeline facilities that may be required to transport Alaska natural gas from Canada to markets in the contiguous United States may be made in accordance with 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.]. (2) **Expansion** — To the extent that a pipeline facility described in paragraph (1) includes the expansion of any facility constructed in accordance with the Alaska Natural Gas Transportation Act of 1976 ([15 U.S.C. 719](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719&num=0&edition=prelim) et seq.), that Act shall continue to apply. **(g) Study of in-State needs** The holder of the certificate of public convenience and necessity issued, modified, or amended by the Commission for an Alaska natural gas transportation project shall demonstrate that the holder has conducted a study of Alaska in-State needs, including tie-in points along the Alaska natural gas transportation project for in-State access. **(h) Alaska royalty gas** (1) **In general** — Except as provided in paragraph (2), the Commission, on a request by the State and after a hearing, may provide for reasonable access to the Alaska natural gas transportation project by the State (or State designee) for the transportation of royalty gas of the State for the purpose of meeting local consumption needs within the State. (2) **Exception** — The rates of shippers of subscribed capacity on an Alaska natural gas transportation project described in paragraph (1), as in effect as of the date on which access under that paragraph is granted, shall not be increased as a result of such access. **(i) Regulations** The Commission may issue such regulations as are necessary to carry out this section.

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

43 U.S.C. § 1301 — Definitions

When used in this subchapter and subchapter II— **(a)** The term “lands beneath navigable waters” means— (1) all lands within the boundaries of each of the respective States which are covered by nontidal waters that were navigable under the laws of the United States at the time such State became a member of the Union, or acquired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as heretofore or hereafter modified by accretion, erosion, and reliction; (2) all lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coast line of each such State and to the boundary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union, or as heretofore approved by Congress, extends seaward (or into the Gulf of Mexico) beyond three geographical miles,11 So in original. The comma probably should be a semicolon. and (3) all filled in, made, or reclaimed lands which formerly were lands beneath navigable waters, as hereinabove defined; **(b)** The term “boundaries” includes the seaward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as heretofore approved by the Congress, or as extended or confirmed pursuant to [section 1312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1312&num=0&edition=prelim) but in no event shall the term “boundaries” or the term “lands beneath navigable waters” be interpreted as extending from the coast line more than three geographical miles into the Atlantic Ocean or the Pacific Ocean, or more tha

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

15 U.S.C. § 719 — Congressional findings

The Congress finds and declares that— (1) a natural gas supply shortage exists in the contiguous States of the United States; (2) large reserves of natural gas in the State of Alaska could help significantly to alleviate this supply shortage; (3) the expeditious construction of a viable natural gas transportation system for delivery of Alaska natural gas to United States markets is in the national interest; and (4) the determinations whether to authorize a transportation system for delivery of Alaska natural gas to the contiguous States and, if so, which system to select, involve questions of the utmost importance respecting national energy policy, international relations, national security, and economic and environmental impact, and therefore should appropriately be addressed by the Congress and the President in addition to those Federal officers and agencies assigned functions under law pertaining to the selection, construction, and initial operation of such a system.

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

15 U.S.C. § 720c — Pipeline expansion

**(a) Authority** With respect to any Alaska natural gas transportation project, on a request by 1 or more persons and after giving notice and an opportunity for a hearing, the Commission may order the expansion of the Alaska natural gas project if the Commission determines that such an expansion is required by the present and future public convenience and necessity. **(b) Responsibilities of Commission** Before ordering an expansion under subsection (a), the Commission shall— (1) approve or establish rates for the expansion service that are designed to ensure the recovery, on an incremental or rolled-in basis, of the cost associated with the expansion (including a reasonable rate of return on investment); (2) ensure that the rates do not require existing shippers on the Alaska natural gas transportation project to subsidize expansion shippers; (3) find that a proposed shipper will comply with, and the proposed expansion and the expansion of service will be undertaken and implemented based on, terms and conditions consistent with the tariff of the Alaska natural gas transportation project in effect as of the date of the expansion; (4) find that the proposed facilities will not adversely affect the financial or economic viability of the Alaska natural gas transportation project; (5) find that the proposed facilities will not adversely affect the overall operations of the Alaska natural gas transportation project; (6) find that the proposed facilities will not diminish the contract rights of existing shippers to previously subscribed certificated capacity; (7) ensure that all necessary environmental reviews have been completed; and (8) find that adequate downstream facilities exist or are expected to exist to deliver incremental Alaska natural gas to market. **(

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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

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

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

15 U.S.C. § 720b — Environmental reviews

**(a) Compliance with NEPA** The issuance of a certificate of public convenience and necessity authorizing the construction and operation of any Alaska natural gas transportation project under [section 720a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section720a&num=0&edition=prelim) shall be treated as a major Federal action significantly affecting the quality of the human environment within the meaning of section 102(2)(C) of the National Environmental Policy Act of 1969 ([42 U.S.C. 4332(2)(C)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim)). **(b) Designation of lead agency** (1) **In general** — The Commission— (A) shall be the lead agency for 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.); and (B) shall be responsible for preparing the environmental impact statement required by section 102(2)(c) 11 So in original. Probably should be section “102(2)(C)”. of that Act [[42 U.S.C. 4332(2)(C)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim)] with respect to an Alaska natural gas transportation project under [section 720a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section720a&num=0&edition=prelim). (2) **Consolidation of statements** — In carrying out paragraph (1), the Commission shall prepare a single environmental impact statement, which shall consolidate the environmental reviews of all Federal agencies considering any aspect of the Alaska natural gas transportation project covered by the environmental impact

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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. § 720 — Definitions

In this chapter: (1) **Alaska natural gas** — The term “Alaska natural gas” means natural gas derived from the area of the State of Alaska lying north of 64 degrees north latitude. (2) **Alaska natural gas transportation project** — The term “Alaska natural gas transportation project” means any natural gas pipeline system that carries Alaska natural gas to the border between Alaska and Canada (including related facilities subject to the jurisdiction of the Commission) that is authorized under— (A) the Alaska Natural Gas Transportation Act of 1976 ([15 U.S.C. 719](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719&num=0&edition=prelim) et seq.); or (B) [section 720a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section720a&num=0&edition=prelim). (3) **Alaska natural gas transportation system** — The term “Alaska natural gas transportation system” means the Alaska natural gas transportation project authorized under the Alaska Natural Gas Transportation Act of 1976 ([15 U.S.C. 719](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719&num=0&edition=prelim) et seq.) and designated and described in section 2 of the President’s decision. (4) **Commission** — The term “Commission” means the Federal Energy Regulatory Commission. (5) **Federal Coordinator** — The term “Federal Coordinator” means the head of the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects established by [section 720d(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section720d/a&num=0&edition=prelim). (6) **President’s decision** — The term “President’s decision” means the decision and report to Congress on the Alaska natural gas transp

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

15 U.S.C. § 720d — Federal Coordinator

**(a) Establishment** There is established, as an independent office in the executive branch, the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects. **(b) Federal Coordinator** (1) **Appointment** — The Office shall be headed by a Federal Coordinator for Alaska Natural Gas Transportation Projects, who shall be appointed by the President, by and with the advice and consent of the Senate, to serve a term to last until 1 year following the completion of the project referred to in [section 720a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section720a&num=0&edition=prelim). (2) **Compensation** — The Federal Coordinator shall be compensated at the rate prescribed for level III of the Executive Schedule ([5 U.S.C. 5314](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5314&num=0&edition=prelim)). **(c) Duties** The Federal Coordinator shall be responsible for— (1) coordinating the expeditious discharge of all activities by Federal agencies with respect to an Alaska natural gas transportation project; and (2) ensuring the compliance of Federal agencies with the provisions of this chapter. **(d) Reviews and actions of other Federal agencies** (1) **Expedited reviews and actions** — All reviews conducted and actions taken by any Federal agency relating to an Alaska natural gas transportation project authorized under this section shall be expedited, in a manner consistent with completion of the necessary reviews and approvals by the deadlines under this chapter. (2) **Prohibition of certain terms and conditions** — No Federal agency may include in any certificate, right-of-way, permit, lease, or other authorization issued to an Alaska natural gas transportation project any ter

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

15 U.S.C. § 720e — Judicial review

**(a) Exclusive jurisdiction** Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to determine— (1) the validity of any final order or action (including a failure to act) of any Federal agency or officer under this chapter; (2) the constitutionality of any provision of this chapter, or any decision made or action taken under this chapter; or (3) the validity of any determination, permit, approval, authorization, review, or other related action taken under any provision of law relating to a gas transportation project constructed and operated in accordance with [section 720a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section720a&num=0&edition=prelim), including— (A) subchapter II of chapter 5, and chapter 7, of title 5 (commonly known as the “Administrative Procedure Act”); (B) the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.); (C) 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.); (D) chapter 2003 of title 54; 11 So in original. Probably should be “division A of subtitle III of title 54;”. and (E) the Alaska National Interest Lands Conservation Act ([16 U.S.C. 3101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3101&num=0&edition=prelim) et seq.). **(b) Deadline for filing claim** A claim arising under this chapter may be brought not later than 60 days after the date of the decision or action giving rise to the claim.

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

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

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 717

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