15 U.S.C. § 717a — Definitions

Page 1187 TITLE 15—COMMERCE AND TRADE § 717a over the sale, sale for resale, or transportation of vehicular natural gas. (June 21, 1938, ch. 556, § 1, 52 Stat. 821; Mar. 27, 1954, ch. 115, 68 Stat. 36; Pub. L. 102–486, title IV, § 404(a)(1), Oct. 24, 1992, 106 Stat. 2879; Pub. L. 109–58, title III, § 311(a), Aug. 8, 2005, 119 Stat. 685.) Editorial Notes AMENDMENTS 2005—Subsec. (b). Pub. L. 109–58 inserted ‘‘and to the importation or exportation of natural gas in foreign commerce and to persons engaged in such importation or exportation,’’ after ‘‘such transportation or sale,’’. 1992—Subsec. (d). Pub. L. 102–486 added subsec. (d). 1954—Subsec. (c). Act Mar. 27, 1954, added subsec. (c). Statutory Notes and Related Subsidiaries TERMINATION OF FEDERAL POWER COMMISSION; TRANSFER OF FUNCTIONS The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. STATE LAWS AND REGULATIONS Pub. L. 102–486, title IV, § 404(b), Oct. 24, 1992, 106 Stat. 2879, provided that: ‘‘The transportation or sale of nat- ural gas by any person who is not otherwise a public utility, within the meaning of State law— ‘‘(1) in closed containers; or ‘‘(2) otherwise to any person for use by such person as a fuel in a self-propelled vehicle, shall not be considered to be a transportation or sale of natural gas within the meaning of any State law, regu- lation, or order in effect before January 1, 1989. This subsection shall not apply to any provision of any State law, regulation, or order to the extent that such provision has as its primary purpose the protection of public safety.’’ EMERGENCY NATURAL GAS ACT OF 1977 Pub. L. 95–2, Feb. 2, 1977, 91 Stat. 4, authorized Presi- dent to declare a natural gas emergency and to require emergency deliveries and transportation of natural gas until the earlier of Apr. 30, 1977, or termination of emergency by President and provided for antitrust pro- tection, emergency purchases, adjustment in charges for local distribution companies, relationship to Nat- ural Gas Act, effect of certain contractual obligations, administrative procedure and judicial review, enforce- ment, reporting to Congress, delegation of authorities, and preemption of inconsistent State or local action. Executive Documents EXECUTIVE ORDER NO. 11969 Ex. Ord. No. 11969, Feb. 2, 1977, 42 F.R. 6791, as amend- ed by Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, which delegated to the Secretary of Energy the authority vested in the President by the Emergency Natural Gas Act of 1977 except the authority to declare and termi- nate a natural gas emergency, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. PROCLAMATION NO. 4485 Proc. No. 4485, Feb. 2, 1977, 42 F.R. 6789, declared that a natural gas emergency existed within the meaning of section 3 of the Emergency Natural Gas Act of 1977, set out as a note above, which emergency was terminated by Proc. No. 4495, Apr. 1, 1977, 42 F.R. 18053, formerly set out below. PROCLAMATION NO. 4495 Proc. No. 4495, Apr. 1, 1977, 42 F.R. 18053, terminated the natural gas emergency declared to exist by Proc. No. 4485, Feb. 2, 1977, 42 F.R. 6789, formerly set out above. § 717a. Definitions When used in this chapter, unless the context otherwise requires— (1) ‘‘Person’’ includes an individual or a cor- poration. (2) ‘‘Corporation’’ includes any corporation, joint-stock company, partnership, association, business trust, organized group of persons, whether incorporated or not, receiver or re- ceivers, trustee or trustees of any of the fore- going, but shall not include municipalities as hereinafter defined. (3) ‘‘Municipality’’ means a city, county, or other political subdivision or agency of a State. (4) ‘‘State’’ means a State admitted to the Union, the District of Columbia, and any orga- nized Territory of the United States. (5) ‘‘Natural gas’’ means either natural gas unmixed, or any mixture of natural and artifi- cial gas. (6) ‘‘Natural-gas company’’ means a person engaged in the transportation of natural gas in interstate commerce, or the sale in inter- state commerce of such gas for resale. (7) ‘‘Interstate commerce’’ means commerce between any point in a State and any point outside thereof, or between points within the same State but through any place outside thereof, but only insofar as such commerce takes place within the United States. (8) ‘‘State commission’’ means the regu- latory body of the State or municipality hav- ing jurisdiction to regulate rates and charges for the sale of natural gas to consumers within the State or municipality. (9) ‘‘Commission’’ and ‘‘Commissioner’’ means the Federal Power Commission, and a member thereof, respectively. (10) ‘‘Vehicular natural gas’’ means natural gas that is ultimately used as a fuel in a self- propelled vehicle. (11) ‘‘LNG terminal’’ includes all natural gas facilities located onshore or in State waters that are used to receive, unload, load, store, transport, gasify, liquefy, or process natural gas that is imported to the United States from a foreign country, exported to a foreign coun- try from the United States, or transported in interstate commerce by waterborne vessel, but does not include— (A) waterborne vessels used to deliver nat- ural gas to or from any such facility; or (B) any pipeline or storage facility subject to the jurisdiction of the Commission under section 717f of this title. (June 21, 1938, ch. 556, § 2, 52 Stat. 821; Pub. L. 102–486, title IV, § 404(a)(2), Oct. 24, 1992, 106 Stat. 2879; Pub. L. 109–58, title III, § 311(b), Aug. 8, 2005, 119 Stat. 685.) Editorial Notes AMENDMENTS 2005—Par. (11). Pub. L. 109–58 added par. (11). Page 1188 TITLE 15—COMMERCE AND TRADE § 717b 1 So in original. Probably should be ‘‘finds’’. 1992—Par. (10). Pub. L. 102–486 added par. (10). Statutory Notes and Related Subsidiaries TERMINATION OF FEDERAL POWER COMMISSION; 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. § 717b. Exportation or importation of natural gas; LNG terminals (a) Mandatory authorization order After six months from June 21, 1938, no person shall export any natural gas from the United States to a foreign country or import any nat- ural gas from a foreign country without first having secured an order of the Commission au- thorizing it to do so. The Commission shall issue such order upon application, unless, after oppor- tunity for hearing, it finds that the proposed ex- portation or importation will not be consistent with the public interest. The Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Commission may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order in the premises as it may find necessary or appropriate. (b) Free trade agreements With respect to natural gas which is imported into the United States from a nation with which there is in effect a free trade agreement requir- ing national treatment for trade in natural gas, and with respect to liquefied natural gas— (1) the importation of such natural gas shall be treated as a ‘‘first sale’’ within the meaning of section 3301(21) of this title; and (2) the Commission shall not, on the basis of national origin, treat any such imported nat- ural gas on an unjust, unreasonable, unduly discriminatory, or preferential basis. (c) Expedited application and approval process For purposes of subsection (a), the importa- tion of the natural gas referred to in subsection (b), or the exportation of natural gas to a nation with which there is in effect a free trade agree- ment requiring national treatment for trade in natural gas, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be grant- ed without modification or delay. (d) Construction with other laws Except as specifically provided in this chapter, nothing in this chapter affects the rights of States under— (1) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (2) the Clean Air Act (42 U.S.C. 7401 et seq.); or (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (e) LNG terminals (1) The Commission shall have the exclusive authority to approve or deny an application for the siting, construction, expansion, or operation of an LNG terminal. Except as specifically pro- vided in this chapter, nothing in this chapter is intended to affect otherwise applicable law re- lated to any Federal agency’s authorities or re- sponsibilities related to LNG terminals. (2) Upon the filing of any application to site, construct, expand, or operate an LNG terminal, the Commission shall— (A) set the matter for hearing; (B) give reasonable notice of the hearing to all interested persons, including the State commission of the State in which the LNG ter- minal is located and, if not the same, the Gov- ernor-appointed State agency described in sec- tion 717b–1 of this title; (C) decide the matter in accordance with this subsection; and (D) issue or deny the appropriate order ac- cordingly. (3)(A) Except as provided in subparagraph (B), the Commission may approve an application de- scribed in paragraph (2), in whole or part, with such modifications and upon such terms and conditions as the Commission find 1 necessary or appropriate. (B) Before January 1, 2015, the Commission shall not— (i) deny an application solely on the basis that the applicant proposes to use the LNG terminal exclusively or partially for gas that the applicant or an affiliate of the applicant will supply to the facility; or (ii) condition an order on— (I) a requirement that the LNG terminal offer service to customers other than the ap- plicant, or any affiliate of the applicant, se- curing the order; (II) any regulation of the rates, charges, terms, or conditions of service of the LNG terminal; or (III) a requirement to file with the Com- mission schedules or contracts related to the rates, charges, terms, or conditions of serv- ice of the LNG terminal. (C) Subparagraph (B) shall cease to have effect on January 1, 2030. (4) An order issued for an LNG terminal that also offers service to customers on an open ac- cess basis shall not result in subsidization of ex- pansion capacity by existing customers, deg- radation of service to existing customers, or undue discrimination against existing cus- tomers as to their terms or conditions of service at the facility, as all of those terms are defined by the Commission. (f) Military installations (1) In this subsection, the term ‘‘military in- stallation’’— (A) means a base, camp, post, range, station, yard, center, or homeport facility for any ship or other activity under the jurisdiction of the Department of Defense, including any leased facility, that is located within a State, the District of Columbia, or any territory of the United States; and (B) does not include any facility used pri- marily for civil works, rivers and harbors