15 U.S.C. § 717s — Enforcement of chapter

Page 1200 TITLE 15—COMMERCE AND TRADE § 717s schedule established pursuant to section 717n(c) of this title shall be considered incon- sistent with Federal law for the purposes of paragraph (3). (3) Court action If the Court finds that such order or action is inconsistent with the Federal law governing such permit and would prevent the construc- tion, expansion, or operation of the facility subject to section 717b of this title or section 717f of this title, the Court shall remand the proceeding to the agency to take appropriate action consistent with the order of the Court. If the Court remands the order or action to the Federal or State agency, the Court shall set a reasonable schedule and deadline for the agen- cy to act on remand. (4) Commission action For any action described in this subsection, the Commission shall file with the Court the consolidated record of such order or action to which the appeal hereunder relates. (5) Expedited review The Court shall set any action brought under this subsection for expedited consider- ation. (June 21, 1938, ch. 556, § 19, 52 Stat. 831; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791, § 19, Aug. 28, 1958, 72 Stat. 947; Pub. L. 109–58, title III, § 313(b), Aug. 8, 2005, 119 Stat. 689.) Editorial Notes REFERENCES IN TEXT The Coastal Zone Management Act of 1972, referred to in subsec. (d)(1), (2), 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 section 1451 of Title 16 and Tables. CODIFICATION In subsec. (b), ‘‘section 1254 of title 28’’ substituted for ‘‘sections 239 and 240 of the Judicial Code, as amend- ed [28 U.S.C. 346, 347]’’ on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Procedure. AMENDMENTS 2005—Subsec. (d). Pub. L. 109–58 added subsec. (d). 1958—Subsec. (a). Pub. L. 85–791, § 19(a), inserted sen- tence providing that until record in a proceeding has been filed in a court of appeals, Commission may mod- ify or set aside any finding or order issued by it. Subsec. (b). Pub. L. 85–791, § 19(b), in second sentence, substituted ‘‘transmitted by the clerk of the court to’’ for ‘‘served upon’’, substituted ‘‘file with the court’’ for ‘‘certify and file with the court a transcript of’’, and in- serted ‘‘as provided in section 2112 of title 28’’, and, in third sentence, substituted ‘‘petition’’ for ‘‘transcript’’, and ‘‘jurisdiction, which upon the filing of the record with it shall be exclusive’’ for ‘‘exclusive jurisdiction’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted ‘‘court of appeals’’ for ‘‘circuit court of appeals’’ wherever appearing. § 717s. Enforcement of chapter (a) Action in district court for injunction Whenever it shall appear to the Commission that any person is engaged or about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this chapter, or of any rule, regulation, or order thereunder, it may in its discretion bring an ac- tion in the proper district court of the United States, or the United States courts of any Terri- tory or other place subject to the jurisdiction of the United States, to enjoin such acts or prac- tices and to enforce compliance with this chap- ter or any rule, regulation, or order thereunder, and upon a proper showing a permanent or tem- porary injunction or decree or restraining order shall be granted without bond. The Commission may transmit such evidence as may be available concerning such acts or practices or concerning apparent violations of the Federal antitrust laws to the Attorney General, who, in his discre- tion, may institute the necessary criminal pro- ceedings. (b) Mandamus Upon application of the Commission the dis- trict 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 jurisdiction to issue writs of man- damus commanding any person to comply with the provisions of this chapter or any rule, regu- lation, or order of the Commission thereunder. (c) Employment of attorneys by Commission The Commission may employ such attorneys as it finds necessary for proper legal aid and service of the Commission or its members in the conduct of their work, or for proper representa- tion of the public interest in investigations made by it, or cases or proceedings pending be- fore it, whether at the Commission’s own in- stance or upon complaint, or to appear for or represent the Commission in any case in court; and the expenses of such employment shall be paid out of the appropriation for the Commis- sion. (d) Violation of market manipulation provisions In any proceedings under subsection (a), the court may prohibit, conditionally or uncondi- tionally, and permanently or for such period of time as the court determines, any individual who is engaged or has engaged in practices con- stituting a violation of section 717c–1 of this title (including related rules and regulations) from— (1) acting as an officer or director of a nat- ural gas company; or (2) engaging in the business of— (A) the purchasing or selling of natural gas; or (B) the purchasing or selling of trans- mission services subject to the jurisdiction of the Commission. (June 21, 1938, ch. 556, § 20, 52 Stat. 832; June 25, 1948, ch. 646, § 1, 62 Stat. 875, 895; Pub. L. 109–58, title III, § 318, Aug. 8, 2005, 119 Stat. 693.) Page 1201 TITLE 15—COMMERCE AND TRADE § 717t–2 Editorial Notes CODIFICATION The words ‘‘the District Court of the United States for the District of Columbia’’ in subsec. (a) following ‘‘district court of the United States’’ and in subsec. (b) following ‘‘district courts of the United States’’ omit- ted 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 district’’. AMENDMENTS 2005—Subsec. (d). Pub. L. 109–58 added subsec. (d). § 717t. General penalties (a) Any person who willfully and knowingly does or causes or suffers to be done any act, matter, or thing in this chapter prohibited or declared to be unlawful, or who willfully and knowingly omits or fails to do any act, matter, or thing in this chapter required to be done, or willfully and knowingly causes or suffers such omission or failure, shall, upon conviction thereof, be punished by a fine of not more than $1,000,000 or by imprisonment for not more than 5 years, or both. (b) Any person who willfully and knowingly violates any rule, regulation, restriction, condi- tion, or order made or imposed by the Commis- sion under authority of this chapter, shall, in addition to any other penalties provided by law, be punished upon conviction thereof by a fine of not exceeding $50,000 for each and every day dur- ing which such offense occurs. (June 21, 1938, ch. 556, § 21, 52 Stat. 833; Pub. L. 109–58, title III, § 314(a)(1), Aug. 8, 2005, 119 Stat. 690.) Editorial Notes AMENDMENTS 2005—Subsec. (a). Pub. L. 109–58, § 314(a)(1)(A), sub- stituted ‘‘$1,000,000’’ for ‘‘$5,000’’ and ‘‘5 years’’ for ‘‘two years’’. Subsec. (b). Pub. L. 109–58, § 314(a)(1)(B), substituted ‘‘$50,000’’ for ‘‘$500’’. § 717t–1. Civil penalty authority (a) In general Any person that violates this chapter, or any rule, regulation, restriction, condition, or order made or imposed by the Commission under au- thority of this chapter, shall be subject to a civil penalty of not more than $1,000,000 per day per violation for as long as the violation con- tinues. (b) Notice The penalty shall be assessed by the Commis- sion after notice and opportunity for public hearing. (c) Amount In determining the amount of a proposed pen- alty, the Commission shall take into consider- ation the nature and seriousness of the violation and the efforts to remedy the violation. (June 21, 1938, ch. 556, § 22, as added Pub. L. 109–58, title III, § 314(b)(1)(B), Aug. 8, 2005, 119 Stat. 691.) Editorial Notes PRIOR PROVISIONS A prior section 22 of act June 21, 1938, was renum- bered section 24 and is classified to section 717u of this title. § 717t–2. Natural gas market transparency rules (a) In general (1) The Commission is directed to facilitate price transparency in markets for the sale or transportation of physical natural gas in inter- state commerce, having due regard for the pub- lic interest, the integrity of those markets, fair competition, and the protection of consumers. (2) The Commission may prescribe such rules as the Commission determines necessary and ap- propriate to carry out the purposes of this sec- tion. The rules shall provide for the dissemina- tion, on a timely basis, of information about the availability and prices of natural gas sold at wholesale and in interstate commerce to the Commission, State commissions, buyers and sellers of wholesale natural gas, and the public. (3) The Commission may— (A) obtain the information described in para- graph (2) from any market participant; and (B) rely on entities other than the Commis- sion to receive and make public the informa- tion, subject to the disclosure rules in sub- section (b). (4) In carrying out this section, the Commis- sion shall consider the degree of price trans- parency provided by existing price publishers and providers of trade processing services, and shall rely on such publishers and services to the maximum extent possible. The Commission may establish an electronic information system if it determines that existing price publications are not adequately providing price discovery or market transparency. (b) Information exempted from disclosure (1) Rules described in subsection (a)(2), if adopted, shall exempt from disclosure informa- tion the Commission determines would, if dis- closed, be detrimental to the operation of an ef- fective market or jeopardize system security. (2) In determining the information to be made available under this section and the time to make the information available, the Commis- sion shall seek to ensure that consumers and competitive markets are protected from the ad- verse effects of potential collusion or other anti- competitive behaviors that can be facilitated by untimely public disclosure of transaction-spe- cific information. (c) Information sharing (1) Within 180 days of August 8, 2005, the Com- mission shall conclude a memorandum of under- standing with the Commodity Futures Trading Commission relating to information sharing, which shall include, among other things, provi- sions ensuring that information requests to markets within the respective jurisdiction of each agency are properly coordinated to mini- mize duplicative information requests, and pro- visions regarding the treatment of proprietary trading information. (2) Nothing in this section may be construed to limit or affect the exclusive jurisdiction of