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15 U.S.C. § 3417 — Repealed. Pub. L. 101–60, § 3(a)(6), July 26,

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

15 U.S.C. § 3417 — Repealed. Pub. L. 101–60, § 3(a)(6), July 26,

Page 2016 TITLE 15—COMMERCE AND TRADE § 3417 1 So in original. Probably should be ‘‘assignment’’. States Court of Appeals for any appropriate cir- cuit pursuant to the provisions of chapter 7 of title 5, except that the second sentence of sec- tion 705 thereof shall not apply. (c) Judicial review of emergency orders Except with respect to enforcement of orders or subpenas under section 3364(a) of this title, the United States Court of Appeals for the Fed- eral Circuit shall have exclusive original juris- diction to review all civil cases and controver- sies under section 3361, 3362 or 3363 of this title, including any order issued, or other action taken, under such section. The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction of all appeals from the district courts of the United States in cases and controversies arising under section 3364(a)(2) of this title; such appeals shall be taken by the filing of a notice of appeal with the United States Court of Appeals for the Federal Circuit within thirty days after the entry of judgment by the district court. Prior to a final judgment, no court shall have jurisdiction to grant any in- junctive relief to stay or defer the implementa- tion of any order issued, or action taken, under section 3361, 3362, or 3363 of this title. (Pub. L. 95–621, title V, § 506, Nov. 9, 1978, 92 Stat. 3404; Pub. L. 101–60, § 3(a)(5), July 26, 1989, 103 Stat. 158; Pub. L. 102–572, title I, § 102(b), Oct. 29, 1992, 106 Stat. 4506.) Editorial Notes AMENDMENTS 1992—Subsec. (c). Pub. L. 102–572 substituted ‘‘the United States Court of Appeals for the Federal Circuit’’ for ‘‘the Temporary Emergency Court of Appeals, es- tablished pursuant to section 211(b) of the Economic Stabilization Ac

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Stable record: federal_law:legal_authorities:usc2024-3a57a90c3f3a414a2ef8453f
Source file: Laws/federal/codes/united-states-code-2024/title-15/section-3417-repealed-pub-l-10160-3-a-6-july-26--eec2f87435.md
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Source location: USCODE-2024-title15-chap60-subchapV-sec3417.pdf

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Page 2016 TITLE 15—COMMERCE AND TRADE § 3417 1 So in original. Probably should be ‘‘assignment’’. States Court of Appeals for any appropriate cir- cuit pursuant to the provisions of chapter 7 of title 5, except that the second sentence of sec- tion 705 thereof shall not apply. (c) Judicial review of emergency orders Except with respect to enforcement of orders or subpenas under section 3364(a) of this title, the United States Court of Appeals for the Fed- eral Circuit shall have exclusive original juris- diction to review all civil cases and controver- sies under section 3361, 3362 or 3363 of this title, including any order issued, or other action taken, under such section. The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction of all appeals from the district courts of the United States in cases and controversies arising under section 3364(a)(2) of this title; such appeals shall be taken by the filing of a notice of appeal with the United States Court of Appeals for the Federal Circuit within thirty days after the entry of judgment by the district court. Prior to a final judgment, no court shall have jurisdiction to grant any in- junctive relief to stay or defer the implementa- tion of any order issued, or action taken, under section 3361, 3362, or 3363 of this title. (Pub. L. 95–621, title V, § 506, Nov. 9, 1978, 92 Stat. 3404; Pub. L. 101–60, § 3(a)(5), July 26, 1989, 103 Stat. 158; Pub. L. 102–572, title I, § 102(b), Oct. 29, 1992, 106 Stat. 4506.) Editorial Notes AMENDMENTS 1992—Subsec. (c). Pub. L. 102–572 substituted ‘‘the United States Court of Appeals for the Federal Circuit’’ for ‘‘the Temporary Emergency Court of Appeals, es- tablished pursuant to section 211(b) of the Economic Stabilization Act of 1970, as amended,’’ before ‘‘shall have exclusive original jurisdiction’’ and substituted ‘‘United States Court of Appeals for the Federal Cir- cuit’’ for ‘‘Temporary Emergency Court of Appeals’’ in two places. 1989—Subsec. (d). Pub. L. 101–60 struck out subsec. (d) which related to judicial review of certain incremental pricing determinations. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Jan. 1, 1993, see section 1101 of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress. § 3417. Repealed. Pub. L. 101–60, § 3(a)(6), July 26, 1989, 103 Stat. 158 Section, Pub. L. 95–621, title V, § 507, Nov. 9, 1978, 92 Stat. 3406, related to congressional review of Presi- dential reimposition of maximum lawful prices under section 3332 of this title, congressional reimposition of maximum lawful prices under section 3332 of this title, and congressional disapproval of incremental pricing under section 3342(c) or 3346(d)(2) of this title. § 3418. Applicability of other Federal statutory provisions relating to information-gathering In order to obtain information for the purpose of carrying out its functions under this chapter, the Commission shall have the same authority as is vested in the Secretary under 7151(a) of title 42 with respect to the exercise of authority under section 796(b) of this title and section 772(b), (c), and (d) of this title. (Pub. L. 95–621, title V, § 508(b), Nov. 9, 1978, 92 Stat. 3408.) SUBCHAPTER VI—COORDINATION WITH NATURAL GAS ACT; MISCELLANEOUS PROVISIONS § 3431. 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)], the provisions of the Natural Gas Act [15 U.S.C. 717 et seq.], and the jurisdiction of the Commission under such Act shall not apply to any nat- ural 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)], the provisions of the Natural Gas Act [15 U.S.C. 717 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 1 authorized under section 3372(a) of this title. (C) Natural-gas company For purposes of the Natural Gas Act [15 U.S.C. 717 et seq.], the term ‘‘natural-gas company’’ (as defined in section 2(6) of such Act [15 U.S.C. 717a(6) et seq.]) shall not in- clude any person by reason of, or with re- spect to, any sale of natural gas if the provi- sions of the Natural Gas Act and the juris- diction of the Commission do not apply to such sale solely by reason of subparagraph (A) or (B) of this paragraph. (2) Transportation (A) Jurisdiction of the Commission For purposes of section 1(b) of the Natural Gas Act [15 U.S.C. 717(b)] the provisions of such Act [15 U.S.C. 717 et seq.] and the juris- diction of the Commission under such Act shall not apply to any transportation in interstate commerce of natural gas if such transportation is— (i) pursuant to any order under section 3362(c) or section 3363(b), (c), (d), or (h) of this title; or (ii) authorized by the Commission under section 3371(a) of this title. (B) Natural-gas company For purposes of the Natural Gas Act [15 U.S.C. 717 et seq.], the term ‘‘natural-gas company’’ (as defined in section 2(6) of such Act [15 U.S.C. 717a(6)]) shall not include any person by reason of, or with respect to, any transportation of natural gas if the provi- sions of the Natural Gas Act and the juris- diction of the Commission under the Natural Gas Act do not apply to such transportation

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

15 U.S.C. § 3417 — Judicial review

**(a) Orders** (1) **In general** — The provisions of this subsection shall apply to judicial review of any order, within the meaning of [section 551(6) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/6&num=0&edition=prelim) (other than an order assessing a civil penalty under [section 3414(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3414/b/4&num=0&edition=prelim) or any order under [section 3362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3362&num=0&edition=prelim) or any order under [section 3363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3363&num=0&edition=prelim)), issued under this chapter and to any final agency action under this chapter required to be made on the record after an opportunity for an agency hearing. (2) **Rehearing** — Any person aggrieved by any order issued by the Commission in a proceeding under this chapter to which such person is a party may apply for a rehearing within 30 days after the issuance of such order. Any application for rehearing shall set forth the specific ground upon which such application is based. Upon the filing of such application, the Commission may grant or deny the requested rehearing or modify the original order without further hearing. Unless the Commission acts upon such application for rehearing within 30 days after it is filed, such application shall be deemed to have been denied. No person may bring an action under this section to obtain judicial review of any order of the Commission unless— (A) such person shall have made application to the Commission for rehearing under this subsection; and (B) the Commission shall have

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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

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

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. § 717a — Definitions

Page 1187 TITLE 15—COMMERCE AND TRADE § 717a over the sale, sale for resale, or transportation of vehicular natural gas. (June 21, 1938, ch. 556, § 1, 52 Stat. 821; Mar. 27, 1954, ch. 115, 68 Stat. 36; Pub. L. 102–486, title IV, § 404(a)(1), Oct. 24, 1992, 106 Stat. 2879; Pub. L. 109–58, title III, § 311(a), Aug. 8, 2005, 119 Stat. 685.) Editorial Notes AMENDMENTS 2005—Subsec. (b). Pub. L. 109–58 inserted ‘‘and to the importation or exportation of natural gas in foreign commerce and to persons engaged in such importation or exportation,’’ after ‘‘such transportation or sale,’’. 1992—Subsec. (d). Pub. L. 102–486 added subsec. (d). 1954—Subsec. (c). Act Mar. 27, 1954, added subsec. (c). Statutory Notes and Related Subsidiaries TERMINATION OF FEDERAL POWER COMMISSION; TRANSFER OF FUNCTIONS The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. STATE LAWS AND REGULATIONS Pub. L. 102–486, title IV, § 404(b), Oct. 24, 1992, 106 Stat. 2879, provided that: ‘‘The transportation or sale of nat- ural gas by any person who is not otherwise a public utility, within the meaning of State law— ‘‘(1) in closed containers; or ‘‘(2) otherwise to any person for use by such person as a fuel in a self-propelled vehicle, shall not be considered to be a transportation or sale of natural gas within the meaning of any State law, regu- lation, or order in effect before January 1, 1989. This subsection shall not apply to any provision of any State law, regulation, or order to the extent that

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