15 U.S.C. § 717x — Conserved natural gas

Page 1202 TITLE 15—COMMERCE AND TRADE § 717u the Commodity Futures Trading Commission under the Commodity Exchange Act (7 U.S.C. 1 et seq.). (d) Compliance with requirements (1) The Commission shall not condition access to interstate pipeline transportation on the re- porting requirements of this section. (2) The Commission shall not require natural gas producers, processors, or users who have a de minimis market presence to comply with the re- porting requirements of this section. (e) Retroactive effect (1) Except as provided in paragraph (2), no per- son shall be subject to any civil penalty under this section with respect to any violation occur- ring more than 3 years before the date on which the person is provided notice of the proposed penalty under section 717t–1(b) of this title. (2) Paragraph (1) shall not apply in any case in which the Commission finds that a seller that has entered into a contract for the transpor- tation or sale of natural gas subject to the juris- diction of the Commission has engaged in fraud- ulent market manipulation activities materi- ally affecting the contract in violation of sec- tion 717c–1 of this title. (June 21, 1938, ch. 556, § 23, as added Pub. L. 109–58, title III, § 316, Aug. 8, 2005, 119 Stat. 691.) Editorial Notes REFERENCES IN TEXT The Commodity Exchange Act, referred to in subsec. (c)(2), is act Sept. 21, 1922, ch. 369, 42 Stat. 998, which is classified generally to chapter 1 (§ 1 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1 of Title 7 and Tables. PRIOR PROVISIONS A prior section 23 of act June 21, 1938, was renum- bered section 25 and is classified to section 717v of this title. § 717u. Jurisdiction of offenses; enforcement of li- abilities and duties The District Courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have exclusive jurisdiction of violations of this chapter or the rules, regula- tions, and orders thereunder, and of all suits in equity and actions at law brought to enforce any liability or duty created by, or to enjoin any violation of, this chapter or any rule, regula- tion, or order thereunder. Any criminal pro- ceeding shall be brought in the district wherein any act or transaction constituting the viola- tion occurred. Any suit or action to enforce any liability or duty created by, or to enjoin any violation of, this chapter or any rule, regula- tion, or order thereunder may be brought in any such district or in the district wherein the de- fendant is an inhabitant, and process in such cases may be served wherever the defendant may be found. Judgments and decrees so ren- dered shall be subject to review as provided in sections 1254, 1291, and 1292 of title 28. No costs shall be assessed against the Commission in any judicial proceeding by or against the Commis- sion under this chapter. (June 21, 1938, ch. 556, § 24, formerly § 22, 52 Stat. 833; June 25, 1948, ch. 646, § 1, 62 Stat. 875, 895; re- numbered § 24, Pub. L. 109–58, title III, § 314(b)(1)(A), Aug. 8, 2005, 119 Stat. 690.) Editorial Notes CODIFICATION The words ‘‘the District Court of the United States for the District of Columbia’’ following ‘‘The District Courts of the United States’’ omitted as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that ‘‘There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district’’ and section 88 of title 28 which states that ‘‘The District of Columbia constitutes one judicial dis- trict’’. ‘‘Sections 1254, 1291, and 1292 of title 28’’ substituted in text for ‘‘sections 128 and 240 of the Judicial Code, as amended [28 U.S.C. 225 and 347]’’ on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28. PRIOR PROVISIONS A prior section 24 of act June 21, 1938, was renum- bered section 26 and is classified to section 717w of this title. § 717v. Separability If any provision of this chapter, or the applica- tion of such provision to any person or cir- cumstance, shall be held invalid, the remainder of the chapter, and the application of such pro- vision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (June 21, 1938, ch. 556, § 25, formerly § 23, 52 Stat. 833; renumbered § 25, Pub. L. 109–58, title III, § 314(b)(1)(A), Aug. 8, 2005, 119 Stat. 690.) § 717w. Short title This chapter may be cited as the ‘‘Natural Gas Act.’’ (June 21, 1938, ch. 556, § 26, formerly § 24, 52 Stat. 833; renumbered § 26, Pub. L. 109–58, title III, § 314(b)(1)(A), Aug. 8, 2005, 119 Stat. 690.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–474, § 1, Oct. 6, 1988, 102 Stat. 2302, provided that: ‘‘This Act [amending section 717f of this title and enacting provisions set out as a note under section 717f of this title] may be cited as the ‘Uniform Regulatory Jurisdiction Act of 1988’.’’ § 717x. Conserved natural gas (a) Determination of entitlement (1) For purposes of determining the natural gas entitlement of any local distribution com- pany under any curtailment plan, if the Com- mission revises any base period established under such plan, the volumes of natural gas which such local distribution company dem- onstrates— (A) were sold by the local distribution com- pany, for a priority use immediately before the implementation of conservation measures, and (B) were conserved by reason of the imple- mentation of such conservation measures, Page 1203 TITLE 15—COMMERCE AND TRADE § 717y shall be treated by the Commission following such revision as continuing to be used for the priority use referred to in subparagraph (A). (2) The Commission shall, by rule, prescribe methods for measurement of volumes of natural gas to which subparagraphs (A) and (B) of para- graph (1) apply. (b) Conditions, limitations, etc. Subsection (a) shall not limit or otherwise af- fect any provision of any curtailment plan, or any other provision of law or regulation, under which natural gas may be diverted or allocated to respond to emergency situations or to protect public health, safety, and welfare. (c) Definitions For purposes of this section— (1) The term ‘‘conservation measures’’ means such energy conservation measures, as determined by the Commission, as were imple- mented after the base period established under the curtailment plan in effect on November 9, 1978. (2) The term ‘‘local distribution company’’ means any person engaged in the transpor- tation, or local distribution, of natural gas and the sale of natural gas for ultimate con- sumption. (3) The term ‘‘curtailment plan’’ means a plan (including any modification of such plan required by the Natural Gas Policy Act of 1978 [15 U.S.C. 3301 et seq.] ) in effect under the Nat- ural Gas Act [15 U.S.C. 717 et seq.] which pro- vides for recognizing and implementing prior- ities of service during periods of curtailed de- liveries. (Pub. L. 95–617, title VI, § 605, Nov. 9, 1978, 92 Stat. 3167.) Editorial Notes REFERENCES IN TEXT The Natural Gas Policy Act of 1978, referred to in sub- sec. (c)(3), is Pub. L. 95–621, Nov. 9, 1978, 92 Stat. 3350, which is classified generally to chapter 60 (§ 3301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3301 of this title and Tables. The Natural Gas Act, referred to in subsec. (c)(3), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to this chapter (§ 717 et seq.). For complete classification of this Act to the Code, see section 717w of this title and Tables. CODIFICATION Section was enacted as part of the Public Utility Regulatory Policies Act of 1978, and not as part of the Natural Gas Act which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 2602 of Title 16, Conservation. § 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 ap- proval 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 con- tract 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 re- sale or the transportation of which was sub- ject to the jurisdiction of the Federal Power Commission under the Natural Gas Act [15 U.S.C. 717 et seq.] as of September 1, 1977; (III) which was used as a fuel in any facil- ity in existence on September 1, 1977. (ii) natural gas subject to a prohibition order issued under section 717z of this title. (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 provide that any transfer of contractual inter- ests pursuant to such rule shall be under such terms and conditions as the Commission may prescribe. Such rule shall include a requirement for refund of any consideration, received by the person transferring contractual interests pursu- ant to such rule, to the extent such consider- ation exceeds the amount by which the costs ac- tually incurred, during the remainder of the pe- riod of the contract with respect to which such contractual interests are transferred, in direct association with the use of heavy petroleum fuel oil as a fuel in the applicable facility exceeds the price under such contract for natural gas, subject to such contract, delivered during such period. (4) In prescribing the rule required under para- graph (1), and in determining whether to ap- prove any transfer of contractual interests, the Commission shall consider whether such trans- fer of contractual interests is likely to increase demand for imported refined petroleum prod- ucts. (b) Commission approval (1) No transfer of contractual interests author- ized by the rule required under subsection (a)(1) may take effect unless the Commission issues a certificate of public convenience and necessity for such transfer if such natural gas is to be re- sold by the person to whom such contractual in- terests are to be transferred. Such certificate shall be issued by the Commission in accordance with the requirements of this subsection and those of section 7 of the Natural Gas Act [15 U.S.C. 717f], and the provisions of such Act [15 U.S.C. 717 et seq.] applicable to the determina- tion of satisfaction of the public convenience and necessity requirements of such section.