15 U.S.C. § 3206 — Gas utility rate design proposals

Page 1997 TITLE 15—COMMERCE AND TRADE § 3206 1 So in original. Probably should be ‘‘analysis’’. (D) advertising concerning employment op- portunities with such utility, (E) advertising which promotes the use of energy efficient appliances, equipment or serv- ices, or (F) any explanation or justification of exist- ing or proposed rate schedules, or notification of hearings thereon. (Pub. L. 95–617, title III, § 304, Nov. 9, 1978, 92 Stat. 3151.) Editorial Notes REFERENCES IN TEXT The National Energy Conservation Policy Act, re- ferred to in subsec. (b)(2)(B), is Pub. L. 95–619, Nov. 9, 1978, 92 Stat. 3208. Part 1 of title II of the National En- ergy Conservation Policy Act was classified generally to part A (§ 8211 et seq.) of subchapter II of chapter 91 of Title 42, The Public Health and Welfare, and was omitted from the Code pursuant to section 8229 of Title 42 which terminated authority under that part June 30, 1989. For complete classification of this Act to the Code, see Short Title note set out under section 8201 of Title 42 and Tables. § 3205. Federal participation (a) Intervention In addition to the authorities vested in the Secretary pursuant to any other provision of law, the Secretary, on his own motion, may in- tervene as a matter of right in any proceeding before a State regulatory authority which re- lates to gas utility rates or rate design. Such intervention shall be solely for the purpose of advocating policies or methods which carry out the purposes set forth in section 3201 of this title. (b) Rights The Secretary shall have the same rights as any other party to a proceeding before a State regulatory authority which relates to gas utility rates or rate design. (c) Nonregulated gas utilities The Secretary, on his own motion, may, to the same extent as provided in subsections (a) through (b), intervene as a matter of right in any proceeding which relates to rates or rate de- sign of nonregulated gas utilities. (Pub. L. 95–617, title III, § 305, Nov. 9, 1978, 92 Stat. 3152.) Statutory Notes and Related Subsidiaries DEFINITIONS The definition of Secretary in section 2602 of Title 16, Conservation, applies to this section. § 3206. Gas utility rate design proposals (a) Study (1) The Secretary, in consultation with the Commission and, after affording an opportunity for consultation and comment by representa- tives of the State regulatory commissions, gas utilities, and gas consumers, shall study and re- port to Congress on gas utility rate design with- in 18 months after November 9, 1978. Such study shall address the effect (both separately and in combination) of the following factors upon the items listed in paragraph (2): incremental pric- ing; marginal cost pricing; end user gas con- sumption taxes; wellhead natural gas pricing policies; demand-commodity rate design; declin- ing block rates; interruptible service; seasonal rate differentials; and end user rate schedules. (2) The items referred to in paragraph (1) are as follows: (A) natural gas pipeline and local distribu- tion company load factors; (B) rates to each class of user, including res- idential, commercial, and industrial users; (C) the change in total costs resulting from gas utility designs (including capital and oper- ating costs) to gas consumers or classes there- of; (D) demand for, and consumption of, natural gas; (E) end use profiles of natural gas pipelines and local distribution companies; and (F) competition with alternative fuels. (b) Proposals Based upon the study prepared pursuant to subsection (a), the Secretary shall develop pro- posals to improve gas utility rate design and to encourage conservation of natural gas. Such proposals shall include any comments and rec- ommendations of the Commission. (c) Transmission to Congress The proposals prepared under subsection (b), shall be transmitted, together with any legisla- tive recommendations, to each House of Con- gress not later than 6 months after the date of submission of the study under subsection (a). Such proposals shall be accompanied by an anal- yses 1 of— (1) the projected savings (if any) in consump- tion of natural gas, and other energy re- sources, (2) changes (if any) in the cost of natural gas to consumers, which are likely to result from the implementation nationally of each of such proposals, and (3) the effects of the proposals on other pro- visions of this Act on gas utility rate struc- tures. (d) Public participation The Secretary shall provide for public partici- pation in the conduct of the study under sub- section (a), and the preparation of proposals under subsection (b). (Pub. L. 95–617, title III, § 306, Nov. 9, 1978, 92 Stat. 3152.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c)(3), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117, known as the Public Utility Regulatory Policies Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 16, Conserva- tion, and Tables. Statutory Notes and Related Subsidiaries DEFINITIONS The definitions of Secretary and Commission in sec- tion 2602 of Title 16, Conservation, apply to this sec- tion. Page 1998 TITLE 15—COMMERCE AND TRADE § 3207 § 3207. Judicial review and enforcement (a) Limitation of Federal jurisdiction (1) Notwithstanding any other provision of law, no court of the United States shall have ju- risdiction over any action arising under any pro- vision of this chapter except for— (A) an action over which a court of the United States has jurisdiction under para- graph (2), or (B) review in the Supreme Court of the United States in accordance with sections 1257 and 1258 of title 28. (2) The Secretary may bring an action in any appropriate court of the United States to en- force his right to intervene under section 3205 of this title, and such court shall have jurisdiction to grant appropriate relief. (b) Enforcement (1) Any person may bring an action to enforce the requirements of this chapter in the appro- priate State court. Such action in a State court shall be pursuant to applicable State proce- dures. (2) Nothing in this chapter shall authorize the Secretary to appeal or otherwise seek judicial review of the decisions of a State regulatory au- thority or nonregulated gas utility or to become a party to any action to obtain such review or appeal. The Secretary may participate as an amicus curiae in any judicial review of an action arising under the provisions of this chapter. (Pub. L. 95–617, title III, § 307, Nov. 9, 1978, 92 Stat. 3153.) Statutory Notes and Related Subsidiaries DEFINITIONS The definitions of Secretary and State in section 2602 of Title 16, Conservation, apply to this section. § 3208. Relationship to other applicable law Nothing in this chapter prohibits any State regulatory authority or nonregulated gas utility from adopting, pursuant to State law, any standard or rule affecting gas utilities which is different from any standard established by this chapter. (Pub. L. 95–617, title III, § 308, Nov. 9, 1978, 92 Stat. 3153.) Statutory Notes and Related Subsidiaries DEFINITIONS The definition of State in section 2602 of Title 16, Conservation, applies to this section. § 3209. Reports respecting standards (a) State authorities and nonregulated utilities Not later than 1 year after November 9, 1978, and annually thereafter for 10 years, each State regulatory authority (with respect to each gas utility for which it has ratemaking authority), and each nonregulated gas utility, shall report to the Secretary, in such manner as the Sec- retary shall prescribe, respecting its consider- ation of the standards established by this chap- ter. Such report shall include a summary of the determinations made and actions taken with re- spect to each of such standards on a utility-by- utility basis. (b) Secretary Not later than 18 months after November 9, 1978, and annually thereafter for 10 years, the Secretary shall submit a report to the President and the Congress containing— (1) a summary of the reports submitted under subsection (a), (2) his analysis of such reports, and (3) his actions under this chapter, and his recommendations for such further Federal ac- tions, including any legislation, regarding re- tail gas utility rates (and other practices) as may be necessary to carry out the purposes of this chapter. (Pub. L. 95–617, title III, § 309, Nov. 9, 1978, 92 Stat. 3153.) Statutory Notes and Related Subsidiaries DEFINITIONS The definition of Secretary in section 2602 of Title 16, Conservation, applies to this section. § 3210. Prior and pending proceedings For purposes of this chapter, proceedings com- menced by any State regulatory authority (with respect to gas utilities for which it has rate- making authority) and any nonregulated gas utility before November 9, 1978, and actions taken before such date in such proceedings shall be treated as complying with the requirements of this chapter if such proceedings and actions substantially conform to such requirements. For purposes of this chapter, any such proceeding or action commenced before November 9, 1978, but not completed before such date shall comply with the requirements of this chapter, to the maximum extent practicable, with respect to so much of such proceeding or action as takes place after such date. (Pub. L. 95–617, title III, § 310, Nov. 9, 1978, 92 Stat. 3154.) § 3211. Relationship to other authority Nothing in this chapter shall be construed to limit or affect any authority of the Secretary or the Commission under any other provision of law. (Pub. L. 95–617, title III, § 311, Nov. 9, 1978, 92 Stat. 3154.) Statutory Notes and Related Subsidiaries DEFINITIONS The definitions of Secretary and Commission in sec- tion 2602 of Title 16, Conservation, apply to this sec- tion. CHAPTER 60—NATURAL GAS POLICY Sec. 3301. Definitions. SUBCHAPTER I—WELLHEAD PRICING 3311 to 3320, 3331 to 3333. Repealed. SUBCHAPTER II—INCREMENTAL PRICING 3341 to 3348. Repealed.