15 U.S.C. § 719c — Federal Power Commission reviews and

Page 1207 TITLE 15—COMMERCE AND TRADE § 719c Sec. 719l. Antitrust laws. 719m. Authorization of appropriations. 719n. Separability. 719o. Civil rights; affirmative action of Federal of- ficers and agencies; rules: promulgation and enforcement. § 719. Congressional findings The Congress finds and declares that— (1) a natural gas supply shortage exists in the contiguous States of the United States; (2) large reserves of natural gas in the State of Alaska could help significantly to alleviate this supply shortage; (3) the expeditious construction of a viable natural gas transportation system for delivery of Alaska natural gas to United States mar- kets is in the national interest; and (4) the determinations whether to authorize a transportation system for delivery of Alaska natural gas to the contiguous States and, if so, which system to select, involve questions of the utmost importance respecting national en- ergy policy, international relations, national security, and economic and environmental im- pact, and therefore should appropriately be ad- dressed by the Congress and the President in addition to those Federal officers and agencies assigned functions under law pertaining to the selection, construction, and initial operation of such a system. (Pub. L. 94–586, § 2, Oct. 22, 1976, 90 Stat. 2903.) Statutory Notes and Related Subsidiaries EXPIRATION DATE Pub. L. 94–586, § 20, Oct. 22, 1976, 90 Stat. 2916, provided that: ‘‘This Act [this chapter] shall terminate in the event that no decision of the President takes effect under section 8 of this Act [section 719f of this title], such termination to occur at the end of the last day on which a decision could be, but is not, approved under such section.’’ SHORT TITLE Pub. L. 94–586, § 1, Oct. 22, 1976, 90 Stat. 2903, provided that: ‘‘This Act [enacting this chapter and provisions set out as notes under this section and section 1651 of Title 43, Public Lands] may be cited as the ‘Alaska Nat- ural Gas Transportation Act of 1976’.’’ ANTITRUST STUDY Pub. L. 94–586, § 19, Oct. 22, 1976, 90 Stat. 2916, directed Attorney General of United States to conduct a thor- ough study of antitrust issues and problems relating to production and transportation of Alaska natural gas and, not later than six months after Oct. 22, 1976, to complete such study and submit to Congress a report containing his findings and recommendations with re- spect thereto. § 719a. Congressional statement of purpose The purpose of this chapter is to provide the means for making a sound decision as to the se- lection of a transportation system for delivery of Alaska natural gas to the contiguous States for construction and initial operation by pro- viding for the participation of the President and the Congress in the selection process, and, if such a system is approved under this chapter, to expedite its construction and initial operation by (1) limiting the jurisdiction of the courts to review the actions of Federal officers or agen- cies taken pursuant to the direction and author- ity of this chapter, and (2) permitting the limi- tation of administrative procedures and effect- ing the limitation of judicial procedures related to such actions. To accomplish this purpose it is the intent of the Congress to exercise its con- stitutional powers to the fullest extent in the authorizations and directions herein made, and particularly with respect to the limitation of ju- dicial review of actions of Federal officers or agencies taken pursuant thereto. (Pub. L. 94–586, § 3, Oct. 22, 1976, 90 Stat. 2903.) § 719b. Definitions As used in this chapter: (1) the term ‘‘Alaska natural gas’’ means natural gas derived from the area of the State of Alaska generally known as the North Slope of Alaska, including the Continental Shelf thereof; (2) the term ‘‘Commission’’ means the Fed- eral Power Commission; (3) the term ‘‘Secretary’’ means the Sec- retary of the Interior; (4) the term ‘‘provision of law’’ means any provision of a Federal statute or rule, regula- tion, or order issued thereunder; and (5) the term ‘‘approved transportation sys- tem’’ means the system for the transportation of Alaska natural gas designated by the Presi- dent pursuant to section 719e(a) or 719f(b) of this title and approved by joint resolution of the Congress pursuant to section 719f of this title. (Pub. L. 94–586, § 4, Oct. 22, 1976, 90 Stat. 2904.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42, The Public Health and Welfare. § 719c. Federal Power Commission reviews and reports (a) Proceedings: suspension, vacation or removal of suspension; issuance of certificate of con- venience and necessity (1) Notwithstanding any provision of the Nat- ural Gas Act or any other provision of law, the Commission shall suspend all proceedings pend- ing before the Commission on October 22, 1976, relating to a system for the transportation of Alaska natural gas as soon as the Commission determines to be practicable after such date, and the Commission may refuse to act on any application, amendment thereto, or other re- quests for action under the Natural Gas Act re- lating to a system for the transportation of Alaska natural gas until such time as (A) a deci- sion of the President designating such a system for approval takes effect pursuant to section 719f of this title, (B) no such decision takes effect pursuant to section 719f of this title, or (C) the President decides not to designate such a sys- Page 1208 TITLE 15—COMMERCE AND TRADE § 719c tem for approval under section 719f of this title and so advises the Congress pursuant to section 719e of this title. (2) In the event a decision of the President des- ignating such a system takes effect pursuant to this chapter, the Commission shall forthwith va- cate proceedings suspended under paragraph (1) and, pursuant to section 719g of this title and in accordance with the President’s decision, issue a certificate of public convenience and necessity respecting such system. (3) In the event such a decision of the Presi- dent does not take effect pursuant to this chap- ter or the President decides not to designate such a system and so advises the Congress pur- suant to section 719e of this title, the suspension provided for in paragraph (1) of this subsection shall be removed. (b) Recommendation; submittal to President; rule for presentation of data, views, and ar- guments; Federal agency cooperation (1) The Commission shall review all applica- tions for the issuance of a certificate of public convenience and necessity relating to the trans- portation of Alaska natural gas pending on Oc- tober 22, 1976, and any amendments thereto which are timely made, and after consideration of any alternative transportation system which the Commission determines to be reasonable, submit to the President not later than May 1, 1977, a recommendation concerning the selection of such a transportation system. Such rec- ommendation may be in the form of a proposed certificate of public convenience and necessity, or in such other form as the Commission deter- mines to be appropriate, or may recommend that no decision respecting the selection of such a transportation system be made at this time or pursuant to this chapter. Any recommendation that the President approve a particular trans- portation system shall (A) include a description of the nature and route of the system, (B) des- ignate a person to construct and operate the system, which person shall be the applicant, if any, which filed for a certificate of public con- venience and necessity to construct and operate such system, (C) if such recommendation is for an all-land pipeline transportation system, or a transportation system involving water transpor- tation, include provision for new facilities to the extent necessary to assure direct pipeline deliv- ery of Alaska natural gas contemporaneously to points both east and west of the Rocky Moun- tains in the lower continental United States. (2) The Commission may, by rule, provide for the presentation of data, views, and arguments before the Commission or a delegate of the Com- mission pursuant to such procedures as the Commission determines to be appropriate to carry out its responsibilities under paragraph (1) of this subsection. Such a rule shall, to the ex- tent determined by the Commission, apply, not- withstanding any provision of law that would otherwise have applied to the presentation of data, views, and arguments. (3) The Commission may request such infor- mation and assistance from any Federal agency as the Commission determines to be necessary or appropriate to carry out its responsibilities under this chapter. Any Federal agency re- quested to submit information or provide assist- ance shall submit such information to the Com- mission at the earliest practicable time after re- ceipt of a Commission request. (c) Report; public availability; factors to be dis- cussed The Commission shall accompany any rec- ommendation under subsection (b)(1) with a re- port, which shall be available to the public, ex- plaining the basis for such recommendation and including for each transportation system re- viewed or considered a discussion of the fol- lowing: (1) for each year of the 20-year period which begins with the first year following October 22, 1976, the estimated— (A) volumes of Alaska natural gas which would be available to each region of the United States directly, or indirectly by dis- placement or otherwise, and (B) transportation costs and delivered prices of any such volumes of gas by region; (2) the effects of each of the factors de- scribed in subparagraphs (A) and (B) of para- graph (1) on the projected natural gas supply and demand for each region of the United States and on the projected supplies of alter- native fuels available by region to offset shortages of natural gas occurring in such re- gion for each such year; (3) the impact upon competition; (4) the extent to which the system provides a means for the transportation to United States markets of natural resources or other commodities from sources in addition to the Prudhoe Bay Reserve; (5) environmental impacts; (6) safety and efficiency in design and oper- ation and potential for interruption in deliv- eries of Alaska natural gas; (7) construction schedules and possibilities for delay in such schedules or for delay occur- ring as a result of other factors; (8) feasibility of financing; (9) extent of reserves, both proven and prob- able and their deliverability by year for each year of the 20-year period which begins with the first year following October 22, 1976; (10) the estimate of the total delivered cost to users of the natural gas to be transported by the system by year for each year of the 20- year period which begins with the first year following October 22, 1976; (11) capability and cost of expanding the sys- tem to transport additional volumes of nat- ural gas in excess of initial system capacity; (12) an estimate of the capital and operating costs, including an analysis of the reliability of such estimates and the risk of cost over- runs; and (13) such other factors as the Commission determines to be appropriate. (d) Recommendation not based upon Canadian pipeline system decision The recommendation by the Commission pur- suant to this section shall not be based upon the fact that the Government of Canada or agencies thereof have not, by then rendered a decision as to authorization of a pipeline system to trans- port Alaska natural gas through Canada. Page 1209 TITLE 15—COMMERCE AND TRADE § 719d (e) Transportation system: recommendation, sub- mittal to President; environmental impact statement: submittal to President If the Commission recommends the approval of a particular transportation system, it shall submit to the President with such recommenda- tion (1) an identification of those facilities and operations which are proposed to be encom- passed within the term ‘‘construction and initial operation’’ in order to define the scope of direc- tions contained in section 719g of this title and (2) the terms and conditions permitted under the Natural Gas Act [15 U.S.C. 717 et seq.], which the Commission determines to be appropriate for in- clusion in a certificate of public convenience and necessity to be issued respecting such sys- tem. The Commission shall submit to the Presi- dent contemporaneously with its’ report an en- vironmental impact statement prepared respect- ing the recommended system, if any, and each environmental impact statement which may have been prepared respecting any other system reported on under this section. (Pub. L. 94–586, § 5, Oct. 22, 1976, 90 Stat. 2904.) Editorial Notes REFERENCES IN TEXT The Natural Gas Act, referred to in subsecs. (a)(1) and (e), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§ 717 et seq.) of this title. For complete classification of this Act to the Code, see section 717w of this title and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42, The Public Health and Welfare. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions authorized by, and supple- mental enforcement authority created by this chapter with respect to pre-construction, construction, and ini- tial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspec- tor, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transpor- tation System, see Reorg. Plan No. 1 of 1979, §§ 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out under section 719e of this title. Of- fice of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of this title. Functions and authority vest- ed in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transpor- tation Projects by section 720d(f) of this title. § 719d. Federal and State officer or agency and other interested persons’ reports (a) Federal officer or agency comments; sub- mittal to President; public availability Not later than July 1, 1977, any Federal officer or agency may submit written comments to the President with respect to the recommendation and report of the Commission and alternative methods for transportation of Alaska natural gas for delivery to the contiguous States. Such comments shall be made available to the public by the President when submitted to him, unless expressly exempted from this requirement in whole or in part by the President, under section 552(b)(1) of title 5. Any such written comment shall include information within the competence of such Federal officer or agency with respect to— (1) environmental considerations, including air and water quality and noise impacts; (2) the safety of the transportation systems; (3) international relations, including the sta- tus and time schedule for any necessary Cana- dian approvals and plans; (4) national security, particularly security of supply; (5) sources of financing for capital costs; (6) the impact upon competition; (7) impact on the national economy, includ- ing regional natural gas requirements; and (8) relationship of the proposed transpor- tation system to other aspects of national en- ergy policy. (b) State officer or agency and other interested persons’ comments; submittal to President Not later than July 1, 1977, the Governor of any State, any municipality, State utility com- mission, and any other interested person may submit to the President such written comments with respect to the recommendation and report of the Commission and alternative systems for delivering Alaska natural gas to the contiguous States as they determine to be appropriate. (c) Report of Federal officer or agency to the President Not later than July 1, 1977, each Federal offi- cer or agency shall report to the President with respect to actions to be taken by such officer or agency under section 719g(a) of this title rel- ative to each transportation system reported on by the Commission under section 719c(c) of this title and shall include such officer’s or agency’s recommendations with respect to any provision of law to be waived pursuant to section 719f(g) of this title in conjunction with any decision of the President which designates a system for ap- proval. (d) Report of Council on Environmental Quality to the President Following receipt by the President of the Commission’s recommendations, the Council on Environmental Quality shall afford interested persons an opportunity to present oral and writ- ten data, views, and arguments respecting the environmental impact statements submitted by the Commission under section 719c(e) of this title. Not later than July 1, 1977, the Council on Environmental Quality shall submit to the President a report, which shall be contempora- neously made available by the Council to the public, summarizing any data, views, and argu- ments received and setting forth the Council’s views concerning the legal and factual suffi- ciency of each such environmental impact state- ment and other matters related to environ-