15 U.S.C. § 3411 — General rulemaking authority

Page 2012 TITLE 15—COMMERCE AND TRADE § 3393 an industrial process or as a feedstock which the Secretary determines is essential. (2) High-priority user The term ‘‘high-priority user’’ has the same meaning as given such term in section 3391(f)(2) of this title. (Pub. L. 95–621, title IV, § 402, Nov. 9, 1978, 92 Stat. 3395.) § 3393. Establishment and implementation of pri- orities (a) Establishment of priorities The Secretary of Energy shall prescribe the rules under sections 3391 and 3392 of this title pursuant to his authority under the Department of Energy Organization Act [42 U.S.C 7101 et seq.] to establish and review priorities for cur- tailments under the Natural Gas Act [15 U.S.C. 717 et seq.]. (b) Implementation of priorities The Commission shall implement the rules prescribed under sections 3391 and 3392 of this title pursuant to its authority under the Depart- ment of Energy Organization Act [42 U.S.C. 7101 et seq.] to establish, review, and enforce curtail- ments under the Natural Gas Act [15 U.S.C. 717 et seq.]. (Pub. L. 95–621, title IV, § 403, Nov. 9, 1978, 92 Stat. 3396.) Editorial Notes REFERENCES IN TEXT The Department of Energy Organization Act, referred to in subsecs. (a) and (b), is Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, which is classified principally to chapter 84 (§ 7101 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of Title 42 and Tables. The Natural Gas Act, referred to in subsecs. (a) and (b), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§ 717 et seq.) of this title. For complete classification of this act to the Code, see section 717w of this title and Tables. § 3394. Limitation on revoking or amending cer- tain pre-1969 certificates of public conven- ience 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] 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 en- force any curtailment of deliveries of natural gas under the Natural Gas Act [15 U.S.C. 717 et seq.]. (Pub. L. 95–621, title IV, § 404, Nov. 9, 1978, 92 Stat. 3396.) Editorial Notes REFERENCES IN TEXT The Natural Gas Act, referred to in subsec. (b), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§ 717 et seq.) of this title. For complete classification of this act to the Code, see sec- tion 717w of this title and Tables. SUBCHAPTER V—ADMINISTRATION, ENFORCEMENT, AND REVIEW § 3411. General rulemaking authority (a) In general Except where expressly provided otherwise, the Commission shall administer this chapter. The Commission, or any other Federal officer or agency in which any function under this chapter is vested or delegated, is authorized to perform any and all acts (including any appropriate en- forcement activity), and to prescribe, issue, amend, and rescind such rules and orders as it may find necessary or appropriate to carry out its functions under this chapter. (b) Authority to define terms Except where otherwise expressly provided, the Commission is authorized to define, by rule, accounting, technical, and trade terms used in this chapter. Any such definition shall be con- sistent with the definitions set forth in this chapter. (Pub. L. 95–621, title V, § 501, Nov. 9, 1978, 92 Stat. 3396; Pub. L. 101–60, § 3(b)(4), July 26, 1989, 103 Stat. 159.) Editorial Notes AMENDMENTS 1989—Subsec. (c). Pub. L. 101–60 struck out subsec. (c) which authorized Commission to delegate to any State agency (with consent of such agency) any of its func- tions with respect to sections 3315, 3316(b), and 3319(a)(1) and (3) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–60 effective Jan. 1, 1993, see section 3(b) of Pub. L. 101–60, set out as a note under section 3372 of this title. § 3412. Administrative procedure (a) Administrative Procedure Act Subject to subsection (b), the provisions of subchapter II of chapter 5 of title 5 shall apply to any rule or order issued under this chapter having the applicability and effect of a rule as defined in section 551(4) of title 5; except that sections 554, 556, and 557 of such title 5 shall not apply to any order under such section 3361, 3362, or 3363 of this title. (b) Opportunity for oral presentations To the maximum extent practicable, an oppor- tunity for oral presentation of data, views, and arguments shall be afforded with respect to any proposed rule or order described in subsection (a) (other than an order under section 3361, 3362, or 3363 of this title). To the maximum extent practicable, such opportunity shall be afforded before the effective date of such rule or order.