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

Page 1197 TITLE 15—COMMERCE AND TRADE § 717n 91–452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. STUDY AND REPORT ON NATURAL GAS PIPELINE AND STORAGE FACILITIES IN NEW ENGLAND Pub. L. 107–355, § 26, Dec. 17, 2002, 116 Stat. 3012, re- quired the Federal Energy Regulatory Commission, in consultation with the Department of Energy, to con- duct a study on the natural gas pipeline transmission network in New England and natural gas storage facili- ties associated with that network, and submit a report on the results to Congress by not later than 1 year after Dec. 17, 2002. § 717n. Process coordination; hearings; rules of procedure (a) Definition In this section, the term ‘‘Federal authoriza- tion’’— (1) means any authorization required under Federal law with respect to an application for authorization under section 717b of this title or a certificate of public convenience and ne- cessity under section 717f of this title; and (2) includes any permits, special use author- izations, certifications, opinions, or other ap- provals as may be required under Federal law with respect to an application for authoriza- tion under section 717b of this title or a cer- tificate of public convenience and necessity under section 717f of this title. (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 et seq.). (2) Other agencies Each Federal and State agency considering an aspect of an application for Federal author- ization 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 schedule, the Commission shall— (A) ensure expeditious completion of all such proceedings; and (B) comply with applicable schedules es- tablished by Federal law. (2) Failure to meet schedule If a Federal or State administrative agency does not complete a proceeding for an ap- proval that is required for a Federal author- ization in accordance with the schedule estab- lished by the Commission, the applicant may pursue remedies under section 717r(d) of this title. (d) Consolidated record The Commission shall, with the cooperation of Federal and State administrative agencies and officials, maintain a complete consolidated record of all decisions made or actions taken by the Commission or by a Federal administrative agency or officer (or State administrative agen- cy or officer acting under delegated Federal au- thority) with respect to any Federal authoriza- tion. Such record shall be the record for— (1) appeals or reviews under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), provided that the record may be supple- mented as expressly provided pursuant to sec- tion 319 of that Act [16 U.S.C. 1465]; or (2) judicial review under section 717r(d) of this title of decisions made or actions taken of Federal and State administrative agencies and officials, provided that, if the Court deter- mines that the record does not contain suffi- cient information, the Court may remand the proceeding to the Commission for further de- velopment of the consolidated record. (e) Hearings; parties Hearings under this chapter may be held be- fore the Commission, any member or members thereof, or any representative of the Commis- sion designated by it, and appropriate records thereof shall be kept. In any proceeding before it, the Commission in accordance with such rules and regulations as it may prescribe, may admit as a party any interested State, State commission, municipality or any representative of interested consumers or security holders, or any competitor of a party to such proceeding, or any other person whose participation in the pro- ceeding may be in the public interest. (f) Procedure All hearings, investigations, and proceedings under this chapter shall be governed by rules of practice and procedure to be adopted by the Commission, and in the conduct thereof the technical rules of evidence need not be applied. No informality in any hearing, investigation, or proceeding or in the manner of taking testi- mony shall invalidate any order, decision, rule, or regulation issued under the authority of this chapter. (June 21, 1938, ch. 556, § 15, 52 Stat. 829; Pub. L. 109–58, title III, § 313(a), Aug. 8, 2005, 119 Stat. 688.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (b)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 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 4321 of Title 42 and Tables. The Coastal Zone Management Act of 1972, referred to in subsec. (d)(1), is title III of Pub. L. 89–454, as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, which is classified generally to chapter 33 (§ 1451 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1451 of Title 16 and Tables. AMENDMENTS 2005—Pub. L. 109–58 substituted ‘‘Process coordina- tion; hearings; rules of procedure’’ for ‘‘Hearings; rules of procedure’’ in section catchline, added subsecs. (a) to (d), and redesignated former subsecs. (a) and (b) as (e) and (f), respectively. Page 1198 TITLE 15—COMMERCE AND TRADE § 717o § 717o. Administrative powers of Commission; rules, regulations, and orders The Commission shall have power to perform any and all acts, and to prescribe, issue, make, amend, and rescind such orders, rules, and regu- lations as it may find necessary or appropriate to carry out the provisions of this chapter. Among other things, such rules and regulations may define accounting, technical, and trade terms used in this chapter; and may prescribe the form or forms of all statements, declara- tions, applications, and reports to be filed with the Commission, the information which they shall contain, and the time within which they shall be filed. Unless a different date is specified therein, rules and regulations of the Commis- sion shall be effective thirty days after publica- tion in the manner which the Commission shall prescribe. Orders of the Commission shall be ef- fective on the date and in the manner which the Commission shall prescribe. For the purposes of its rules and regulations, the Commission may classify persons and matters within its jurisdic- tion and prescribe different requirements for dif- ferent classes of persons or matters. All rules and regulations of the Commission shall be filed with its secretary and shall be kept open in con- venient form for public inspection and examina- tion during reasonable business hours. (June 21, 1938, ch. 556, § 16, 52 Stat. 830.) § 717p. Joint boards (a) Reference of matters to joint boards; com- position and power The Commission may refer any matter arising in the administration of this chapter to a board to be composed of a member or members, as de- termined by the Commission, from the State or each of the States affected or to be affected by such matter. Any such board shall be vested with the same power and be subject to the same duties and liabilities as in the case of a member of the Commission when designated by the Com- mission to hold any hearings. The action of such board shall have such force and effect and its proceedings shall be conducted in such manner as the Commission shall by regulations pre- scribe. The Board shall be appointed by the Commission from persons nominated by the State commission of each State affected, or by the Governor of such State if there is no State commission. Each State affected shall be enti- tled to the same number of representatives on the board unless the nominating power of such State waives such right. The Commission shall have discretion to reject the nominee from any State, but shall thereupon invite a new nomina- tion from that State. The members of a board shall receive such allowances for expenses as the Commission shall provide. The Commission may, when in its discretion sufficient reason ex- ists therefor, revoke any reference to such a board. (b) Conference with State commissions regard- ing rate structure, costs, etc. The Commission may confer with any State commission regarding rate structures, costs, ac- counts, charges, practices, classifications, and regulations of natural-gas companies; and the Commission is authorized, under such rules and regulations as it shall prescribe, to hold joint hearings with any State commission in connec- tion with any matter with respect to which the Commission is authorized to act. The Commis- sion is authorized in the administration of this chapter to avail itself of such cooperation, serv- ices, records, and facilities as may be afforded by any State commission. (c) Information and reports available to State commissions The Commission shall make available to the several State commissions such information and reports as may be of assistance in State regula- tion of natural-gas companies. Whenever the Commission can do so without prejudice to the efficient and proper conduct of its affairs, it may, upon request from a State commission, make available to such State commission as witnesses any of its trained rate, valuation, or other experts, subject to reimbursement of the compensation and traveling expenses of such witnesses. All sums collected hereunder shall be credited to the appropriation from which the amounts were expended in carrying out the pro- visions of this subsection. (June 21, 1938, ch. 556, § 17, 52 Stat. 830.) § 717q. Appointment of officers and employees The Commission is authorized to appoint and fix the compensation of such officers, attorneys, examiners, and experts as may be necessary for carrying out its functions under this chapter; and the Commission may, subject to civil-serv- ice laws, appoint such other officers and employ- ees as are necessary for carrying out such func- tions and fix their salaries in accordance with chapter 51 and subchapter III of chapter 53 of title 5. (June 21, 1938, ch. 556, § 18, 52 Stat. 831; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972.) Editorial Notes CODIFICATION Provisions that authorized the Commission to ap- point and fix the compensation of such officers, attor- neys, examiners, and experts as may be necessary for carrying out its functions under this chapter ‘‘without regard to the provisions of other laws applicable to the employment and compensation of officers and employ- ees of the United States’’ are omitted as obsolete and superseded. As to the compensation of such personnel, sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the Classification Act of 1923 and all other laws or parts of laws inconsistent with the 1949 Act. The Classification Act of 1949 was repealed by Pub. L. 89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632, and reenacted as chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the ap- plicability to specific positions and employees. Such appointments are now subject to the civil serv- ice laws unless specifically excepted by those laws or by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the President pursuant to the Act of Nov. 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211, which covered most excepted positions into the classi- fied (competitive) civil service. The Order is set out as a note under section 3301 of Title 5.