15 U.S.C. § 717m — Investigations by Commission

Page 1195 TITLE 15—COMMERCE AND TRADE § 717m memoranda, or as to depreciation or amortiza- tion rates, shall notify each State commission having jurisdiction with respect to any natural- gas company involved and shall give reasonable opportunity to each such commission to present its views and shall receive and consider such views and recommendations. (June 21, 1938, ch. 556, § 9, 52 Stat. 826.) § 717i. Periodic and special reports (a) Form and contents of reports Every natural-gas company shall file with the Commission such annual and other periodic or special reports as the Commission may by rules and regulations or order prescribe as necessary or appropriate to assist the Commission in the proper administration of this chapter. The Com- mission may prescribe the manner and form in which such reports shall be made, and require from such natural-gas companies specific an- swers to all questions upon which the Commis- sion may need information. The Commission may require that such reports shall include, among other things, full information as to as- sets and liabilities, capitalization, investment and reduction thereof, gross receipts, interest due and paid, depreciation, amortization, and other reserves, cost of facilities, cost of mainte- nance and operation of facilities for the produc- tion, transportation, or sale of natural gas, cost of renewal and replacement of such facilities, transportation, delivery, use, and sale of natural gas. The Commission may require any such nat- ural-gas company to make adequate provision for currently determining such costs and other facts. Such reports shall be made under oath un- less the Commission otherwise specifies. (b) Unlawful conduct It shall be unlawful for any natural-gas com- pany willfully to hinder, delay, or obstruct the making, filing, or keeping of any information, document, report, memorandum, record, or ac- count required to be made, filed, or kept under this chapter or any rule, regulation, or order thereunder. (June 21, 1938, ch. 556, § 10, 52 Stat. 826.) § 717j. State compacts for conservation, transpor- tation, etc., of natural gas (a) Assembly of pertinent information; report to Congress In case two or more States propose to the Con- gress compacts dealing with the conservation, production, transportation, or distribution of natural gas it shall be the duty of the Commis- sion to assemble pertinent information relative to the matters covered in any such proposed compact, to make public and to report to the Congress information so obtained, together with such recommendations for further legislation as may appear to be appropriate or necessary to carry out the purposes of such proposed compact and to aid in the conservation of natural-gas re- sources within the United States and in the or- derly, equitable, and economic production, transportation, and distribution of natural gas. (b) Assembly of information relative to operation of compact; report to Congress It shall be the duty of the Commission to as- semble and keep current pertinent information relative to the effect and operation of any com- pact between two or more States heretofore or hereafter approved by the Congress, to make such information public, and to report to the Congress, from time to time, the information so obtained, together with such recommendations as may appear to be appropriate or necessary to promote the purposes of such compact. (c) Availability of services, etc., of other agencies In carrying out the purposes of this chapter, the Commission shall, so far as practicable, avail itself of the services, records, reports, and information of the executive departments and other agencies of the Government, and the President may, from time to time, direct that such services and facilities be made available to the Commission. (June 21, 1938, ch. 556, § 11, 52 Stat. 827.) § 717k. Officials dealing in securities It shall be unlawful for any officer or director of any natural-gas company to receive for his own benefit, directly or indirectly, any money or thing of value in respect to the negotiation, hypothecation, or sale by such natural-gas com- pany of any security issued, or to be issued, by such natural-gas company, or to share in any of the proceeds thereof, or to participate in the making or paying of any dividends, other than liquidating dividends, of such natural-gas com- pany from any funds properly included in cap- ital account. (June 21, 1938, ch. 556, § 12, 52 Stat. 827.) § 717l. Complaints Any State, municipality, or State commission complaining of anything done or omitted to be done by any natural-gas company in contraven- tion of the provisions of this chapter may apply to the Commission by petition, which shall briefly state the facts, whereupon a statement of the complaint thus made shall be forwarded by the Commission to such natural-gas com- pany, which shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time to be specified by the Commission. (June 21, 1938, ch. 556, § 13, 52 Stat. 827.) § 717m. Investigations by Commission (a) Power of Commission The Commission may investigate any facts, conditions, practices, or matters which it may find necessary or proper in order to determine whether any person has violated or is about to violate any provisions of this chapter or any rule, regulation, or order thereunder, or to aid in the enforcement of the provisions of this chapter or in prescribing rules or regulations thereunder, or in obtaining information to serve as a basis for recommending further legislation to the Congress. The Commission may permit any person to file with it a statement in writing, Page 1196 TITLE 15—COMMERCE AND TRADE § 717m under oath or otherwise, as it shall determine, as to any or all facts and circumstances con- cerning a matter which may be the subject of in- vestigation. The Commission, in its discretion, may publish in the manner authorized by sec- tion 825k of title 16, and make available to State commissions and municipalities, information concerning any such matter. (b) Determination of adequacy of gas reserves The Commission may, after hearing, deter- mine the adequacy or inadequacy of the gas re- serves held or controlled by any natural-gas company, or by anyone on its behalf, including its owned or leased properties or royalty con- tracts; and may also, after hearing, determine the propriety and reasonableness of the inclu- sion in operating expenses, capital, or surplus of all delay rentals or other forms of rental or compensation for unoperated lands and leases. For the purpose of such determinations, the Commission may require any natural-gas com- pany to file with the Commission true copies of all its lease and royalty agreements with re- spect to such gas reserves. (c) Administration of oaths and affirmations; subpena of witnesses, etc. For the purpose of any investigation or any other proceeding under this chapter, any mem- ber of the Commission, or any officer designated by it, is empowered to administer oaths and af- firmations, subpena witnesses, compel their at- tendance, take evidence, and require the produc- tion of any books, papers, correspondence, memoranda, contracts, agreements, or other records which the Commission finds relevant or material to the inquiry. Such attendance of wit- nesses and the production of any such records may be required from any place in the United States or at any designated place of hearing. Witnesses summoned by the Commission to ap- pear before it shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (d) Jurisdiction of courts of United States In case of contumacy by, or refusal to obey a subpena issued to, any person, the Commission may invoke the aid of any court of the United States within the jurisdiction of which such in- vestigation or proceeding is carried on, or where such person resides or carries on business, in re- quiring the attendance and testimony of wit- nesses and the production of books, papers, cor- respondence, memoranda, contracts, agree- ments, and other records. Such court may issue an order requiring such person to appear before the Commission or member or officer designated by the Commission, there to produce records, if so ordered, or to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by such court as a contempt there- of. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be found or may be doing business. Any person who willfully shall fail or refuse to attend and testify or to an- swer any lawful inquiry or to produce books, pa- pers, correspondence, memoranda, contracts, agreements, or other records, if in his or its power so to do, in obedience to the subpena of the Commission, shall be guilty of a mis- demeanor and upon conviction shall be subject to a fine of not more than $1,000 or to imprison- ment for a term of not more than one year, or both. (e) Testimony of witnesses The testimony of any witness may be taken at the instance of a party, in any proceeding or in- vestigation pending before the Commission, by deposition at any time after the proceeding is at issue. The Commission may also order testi- mony to be taken by deposition in any pro- ceeding or investigation pending before it at any stage of such proceeding or investigation. Such depositions may be taken before any person au- thorized to administer oaths not being of coun- sel or attorney to either of the parties, nor in- terested in the proceeding or investigation. Rea- sonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce documentary evidence, in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission, as hereinbefore provided. Such testimony shall be reduced to writing by the person taking deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the depo- nent. (f) Deposition of witnesses in a foreign country If a witness whose testimony may be desired to be taken by deposition be in a foreign coun- try, the deposition may be taken before an offi- cer or person designated by the Commission, or agreed upon by the parties by stipulation in writing to be filed with the Commission. All depositions must be promptly filed with the Commission. (g) Witness fees Witnesses whose depositions are taken as au- thorized in this chapter, and the person or offi- cer taking the same, shall be entitled to the same fees as are paid for like services in the courts of the United States. (June 21, 1938, ch. 556, § 14, 52 Stat. 828; Pub. L. 91–452, title II, § 218, Oct. 15, 1970, 84 Stat. 929.) Editorial Notes AMENDMENTS 1970—Subsec. (h). Pub. L. 91–452 struck out subsec. (h) which related to the immunity from prosecution of any individual compelled to testify or produce evidence, documentary or otherwise, after claiming his privilege against self-incrimination. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immu- nity to which any individual is entitled under this sec- tion by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 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.