-CITE-
    15 USC CHAPTER 60 - NATURAL GAS POLICY                      01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY

-HEAD-
                      CHAPTER 60 - NATURAL GAS POLICY                  

-MISC1-
    Sec.                                                     
    3301.       Definitions.                                          

                      SUBCHAPTER I - WELLHEAD PRICING                  
    3311 to 3320, 3331 to 3333. Repealed.                             

                    SUBCHAPTER II - INCREMENTAL PRICING                
    3341 to 3348. Repealed.                                           

         SUBCHAPTER III - ADDITIONAL AUTHORITIES AND REQUIREMENTS     

                       PART A - EMERGENCY AUTHORITY                   
    3361.       Declaration of emergency.                             
    3362.       Emergency purchase authority.                         
    3363.       Emergency allocation authority.                       
    3364.       Miscellaneous provisions.                             

                PART B - OTHER AUTHORITIES AND REQUIREMENTS            
    3371.       Authorization of certain sales and transportation.    
    3372.       Assignment of contractual rights to receive surplus
                 natural gas.                                         
    3373.       Effect of certain natural gas prices on indefinite
                 price escalator clauses.                             
    3374.       Clauses prohibiting certain sales, transportation, and
                 commingling.                                         
    3375.       Filing of contracts and agreements.                   

             SUBCHAPTER IV - NATURAL GAS CURTAILMENT POLICIES         
    3391.       Natural gas for essential agricultural uses.          
    3391a.      "Essential agricultural use" defined.                 
    3392.       Natural gas for essential industrial process and
                 feedstock uses.                                      
    3393.       Establishment and implementation of priorities.       
    3394.       Limitation on revoking or amending certain pre-1969
                 certificates of public convenience and necessity.    

          SUBCHAPTER V - ADMINISTRATION, ENFORCEMENT, AND REVIEW      
    3411.       General rulemaking authority.                         
    3412.       Administrative procedure.                             
    3413.       Repealed.                                             
    3414.       Enforcement.                                          
    3415.       Intervention.                                         
    3416.       Judicial review.                                      
    3417.       Repealed.                                             
    3418.       Applicability of other Federal statutory provisions
                 relating to information-gathering.                   

     SUBCHAPTER VI - COORDINATION WITH NATURAL GAS ACT; MISCELLANEOUS
                                PROVISIONS
    3431.       Coordination with the Natural Gas Act.                
    3432.       Effect on State laws.                                 

-End-

-CITE-
    15 USC Sec. 3301                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY

-HEAD-
    Sec. 3301. Definitions

-STATUTE-
      For purposes of this chapter - 
      (1) Natural gas
        The term "natural gas" means either natural gas unmixed, or any
      mixture of natural and artificial gas.
      (2) Well
        The term "well" means any well for the discovery or production
      of natural gas, crude oil, or both.
      (3) New well
        The term "new well" means any well - 
          (A) the surface drilling of which began on or after February
        19, 1977; or
          (B) the depth of which was increased, by means of drilling on
        or after February 19, 1977, to a completion location which is
        located at least 1,000 feet below the depth of the deepest
        completion location of such well attained before February 19,
        1977.
      (4) Old well
        The term "old well" means any well other than a new well.
      (5) Marker well
        (A) General rule
          The term "marker well" means any well from which natural gas
        was produced in commercial quantities at any time after January
        1, 1970, and before April 20, 1977.
        (B) New wells
          The term "marker well" does not include any new well under
        paragraph (3)(A) but includes any new well under paragraph
        (3)(B) if such well qualifies as a marker well under
        subparagraph (A) of this paragraph.
      (6) Reservoir
        The term "reservoir" means any producible natural accumulation
      of natural gas, crude oil, or both, confined - 
          (A) by impermeable rock or water barriers and characterized
        by a single natural pressure system; or
          (B) by lithologic or structural barriers which prevent
        pressure communication.
      (7) Completion location
        (A) General rule
          The term "completion location" means any subsurface location
        from which natural gas is being or has been produced in
        commercial quantities.
        (B) Marker well
          The term "completion location", when used with reference to
        any marker well, means any subsurface location from which
        natural gas was produced from such well in commercial
        quantities after January 1, 1970, and before April 20, 1977.
      (8) Proration unit
        The term "proration unit" means - 
          (A) any portion of a reservoir, as designated by the State or
        Federal agency having regulatory jurisdiction with respect to
        production from such reservoir, which will be effectively and
        efficiently drained by a single well;
          (B) any drilling unit, production unit, or comparable
        arrangement, designated or recognized by the State or Federal
        agency having jurisdiction with respect to production from the
        reservoir, to describe that portion of such reservoir which
        will be effectively and efficiently drained by a single well;
        or
          (C) if such portion of a reservoir, unit, or comparable
        arrangement is not specifically provided for by State law or by
        any action of any State or Federal agency having regulatory
        jurisdiction with respect to production from such reservoir,
        any voluntary unit agreement or other comparable arrangement
        applied, under local custom or practice within the locale in
        which such reservoir is situated, for the purpose of describing
        the portion of a reservoir which may be effectively and
        efficiently drained by a single well.
      (9) New lease
        The term "new lease", when used with respect to the Outer
      Continental Shelf, means a lease, entered into on or after April
      20, 1977, of submerged acreage.
      (10) Old lease
        The term "old lease", when used with respect to the Outer
      Continental Shelf, means any lease other than a new lease.
      (11) New contract
        The term "new contract" means any contract, entered into on or
      after November 9, 1978, for the first sale of natural gas which
      was not previously subject to an existing contract.
      (12) Rollover contract
        The term "rollover contract" means any contract, entered into
      on or after November 9, 1978, for the first sale of natural gas
      that was previously subject to an existing contract which expired
      at the end of a fixed term (not including any extension thereof
      taking effect on or after November 9, 1978) specified by the
      provisions of such existing contract, as such contract was in
      effect on November 9, 1978, whether or not there is an identity
      of parties or terms with those of such existing contract.
      (13) Existing contract
        The term "existing contract" means any contract for the first
      sale of natural gas in effect on November 8, 1978.
      (14) Successor to an existing contract
        The term "successor to an existing contract" means any
      contract, other than a rollover contract, entered into on or
      after November 9, 1978, for the first sale of natural gas which
      was previously subject to an existing contract, whether or not
      there is an identity of parties or terms with those of such
      existing contract.
      (15) Interstate pipeline
        The term "interstate pipeline" means any person engaged in
      natural gas transportation subject to the jurisdiction of the
      Commission under the Natural Gas Act [15 U.S.C. 717 et seq.].
      (16) Intrastate pipeline
        The term "intrastate pipeline" means any person engaged in
      natural gas transportation (not including gathering) which is not
      subject to the jurisdiction of the Commission under the Natural
      Gas Act [15 U.S.C. 717 et seq.] (other than any such pipeline
      which is not subject to the jurisdiction of the Commission solely
      by reason of section 1(c) of the Natural Gas Act [15 U.S.C.
      717(c)]).
      (17) Local distribution company
        The term "local distribution company" means any person, other
      than any interstate pipeline or any intrastate pipeline, engaged
      in the transportation, or local distribution, of natural gas and
      the sale of natural gas for ultimate consumption.
      (18) Committed or dedicated to interstate commerce
        (A) General rule
          The term "committed or dedicated to interstate commerce",
        when used with respect to natural gas, means - 
            (i) natural gas which is from the Outer Continental Shelf;
          and
            (ii) natural gas which, if sold, would be required to be
          sold in interstate commerce (within the meaning of the
          Natural Gas Act [15 U.S.C. 717 et seq.]) under the terms of
          any contract, any certificate under the Natural Gas Act, or
          any provision of such Act.
        (B) Exclusion
          Such term does not apply with respect to - 
            (i) natural gas sold in interstate commerce (within the
          meaning of the Natural Gas Act [15 U.S.C. 717 et seq.]) - 
              (I) under section 6 of the Emergency Natural Gas Act of
            1977;
              (II) under any limited term certificate, granted pursuant
            to section 7 of the Natural Gas Act [15 U.S.C. 717f], which
            contains a pregrant of abandonment of service for such
            natural gas;
              (III) under any emergency regulation under the second
            proviso of section 7(c) of the Natural Gas Act [15 U.S.C.
            717f(c)]; or
              (IV) to the user by the producer and transported under
            any certificate, granted pursuant to section 7(c) of the
            Natural Gas Act [15 U.S.C. 717f(c)], if such certificate
            was specifically granted for the transportation of that
            natural gas for such user;

            (ii) natural gas for which abandonment of service was
          granted before November 9, 1978, under section 7 of the
          Natural Gas Act [15 U.S.C. 717f]; and
            (iii) natural gas which, but for this clause, would be
          committed or dedicated to interstate commerce under
          subparagraph (A)(ii) by reason of the action of any person
          (including any successor in interest thereof, other than by
          means of any reversion of a leasehold interest), if on May
          31, 1978 - 
              (I) neither that person, nor any affiliate thereof, had
            any right to explore for, develop, produce, or sell such
            natural gas; and
              (II) such natural gas was not being sold in interstate
            commerce (within the meaning of the Natural Gas Act [15
            U.S.C. 717 et seq.]) for resale (other than any sale
            described in clause (i)(I), (II), or (III)).
      (19) Certificated natural gas
        The term "certificated natural gas" means natural gas
      transported by any interstate pipeline in a facility for which
      there is in effect a certificate issued under section 7(c) of the
      Natural Gas Act [15 U.S.C. 717f(c)]. Such term does not include
      natural gas sold to the user by the producer and transported
      pursuant to a certificate which is specifically issued under
      section 7(c) of the Natural Gas Act for the transportation of
      that natural gas, for such user unless such natural gas is used
      for the generation of electricity.
      (20) Sale
        The term "sale" means any sale, exchange, or other transfer for
      value.
      (21) First sale
        (A) General rule
          The term "first sale" means any sale of any volume of natural
        gas - 
            (i) to any interstate pipeline or intrastate pipeline;
            (ii) to any local distribution company;
            (iii) to any person for use by such person;
            (iv) which precedes any sale described in clauses (i),
          (ii), or (iii); and
            (v) which precedes or follows any sale described in clauses
          (i), (ii), (iii), or (iv) and is defined by the Commission as
          a first sale in order to prevent circumvention of any maximum
          lawful price established under this chapter.
        (B) Certain sales not included
          Clauses (i), (ii), (iii), or (iv) of subparagraph (A) shall
        not include the sale of any volume of natural gas by any
        interstate pipeline, intrastate pipeline, or local distribution
        company, or any affiliate thereof, unless such sale is
        attributable to volumes of natural gas produced by such
        interstate pipeline, intrastate pipeline, or local distribution
        company, or any affiliate thereof.
      (22) Deliver
        The term "deliver", when used with respect to any first sale of
      natural gas, means the physical delivery from the seller; except
      that in the case of the sale of proven reserves in place to any
      interstate pipeline, any intrastate pipeline, any local
      distribution company, or any user of such natural gas, such term
      means the transfer of title to such reserves.
      (23) Certificate
        The term "certificate", when used with respect to the Natural
      Gas Act [15 U.S.C. 717 et seq.], means a certificate of public
      convenience and necessity issued under such Act.
      (24) Commission
        The term "Commission" means the Federal Energy Regulatory
      Commission.
      (25) Federal agency
        The term "Federal agency" has the same meaning as given such
      term in section 105 of title 5.
      (26) Person
        The term "person" includes the United States, any State, and
      any political subdivision, agency, or instrumentality of the
      foregoing.
      (27) Affiliate
        The term "affiliate", when used in relation to any person,
      means another person which controls, is controlled by, or is
      under common control with, such person.
      (28) Electric utility
        The term "electric utility" means any person to the extent such
      person is engaged in the business of the generation of
      electricity and sale, directly or indirectly, of electricity to
      the public.
      (29) Mcf
        The term "Mcf", when used with respect to natural gas, means
      1,000 cubic feet of natural gas measured at a pressure of 14.73
      pounds per square inch (absolute) and a temperature of 60 degrees
      Fahrenheit.
      (30) Btu
        The term "Btu" means British thermal unit.
      (31) Month
        The term "month" means a calendar month.
      (32) Mile
        The term "mile" means a statute mile of 5,280 feet.
      (33) United States
        The term "United States" means the several States and includes
      the Outer Continental Shelf.
      (34) State
        The term "State" means each of the several States and the
      District of Columbia.
      (35) Outer Continental Shelf
        The term "Outer Continental Shelf" has the same meaning as such
      term has under section 1331(a) of title 43.
      (36) Prudhoe Bay Unit of Alaska
        The term "Prudhoe Bay Unit of Alaska" means the geographic area
      subject to the voluntary unit agreement approved by the
      Commissioner of the Department of Natural Resources of the State
      of Alaska on June 2, 1977, and referred to as the "affected area"
      in Conservation Order No. 145 of the Alaska Oil and Gas
      Conservation Committee, Division of Oil and Gas Conservation,
      Department of Natural Resources of the State of Alaska, as such
      order was in effect on June 1, 1977, and determined without
      regard to any adjustments in the description of the affected area
      permitted to be made under such order.
      (37) Antitrust laws
        The term "Federal antitrust laws" means the Sherman Act (15
      U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12, 13, 14-19, 20,
      21, 22-27), the Federal Trade Commission Act (15 U.S.C. 41 et
      seq.), sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8-
      9), and the Act of June 19, 1936, chapter 592 (15 U.S.C. 13,
      13a, 13b, and 21a).

-SOURCE-
    (Pub. L. 95-621, Sec. 2, Nov. 9, 1978, 92 Stat. 3352.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Natural Gas Act, and such Act, referred to in pars. (15),
    (16), (18)(A)(ii), (B)(i), (iii)(II), (23), is act June 21, 1938,
    ch. 556, 52 Stat. 821, as amended, which is classified generally to
    chapter 15B (Sec. 717 et seq.) of this title. For complete
    classification of this Act to the Code, see section 717w of this
    title and Tables.
      Section 6 of the Emergency Natural Gas Act of 1977, referred to
    in par. (18)(B)(i)(I), is Pub. L. 95-2, Sec. 6, Feb. 2, 1977, 91
    Stat. 7, which was formerly set out in a note under section 717 of
    this title.
      The Sherman Act (15 U.S.C. 1 et seq.), referred to in par. (37),
    is act July 2, 1890, ch. 647, 26 Stat. 209, as amended, which is
    classified to sections 1 to 7 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1 of this title and Tables.
      The Clayton Act (15 U.S.C. 12, 13, 14-19, 20, 21, 22-27),
    referred to in par. (37), is act Oct. 15, 1914, ch. 323, 38 Stat.
    730, as amended, which is classified generally to sections 12, 13,
    14 to 19, 21, and 22 to 27 of this title, and sections 52 and 53 of
    Title 29, Labor. For further details and complete classification of
    this Act to the Code, see References in Text note set out under
    section 12 of this title and Tables.
      The Federal Trade Commission Act (15 U.S.C. 41 et seq.), referred
    to in par. (37), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as
    amended, which is classified generally to subchapter I (Sec. 41 et
    seq.) of chapter 2 of this title. For complete classification of
    this Act to the Code, see section 58 of this title and Tables.
      Act of June 19, 1936, chapter 592, referred to in par. (37),
    means act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as
    the Robinson-Patman Antidiscrimination Act and also as the Robinson-
    Patman Price Discrimination Act, which enacted sections 13a, 13b,
    and 21a of this title and amended section 13 of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 13 of this title and Tables.

-MISC1-
                       SHORT TITLE OF 1989 AMENDMENT                   
      Pub. L. 101-60, Sec. 1, July 26, 1989, 103 Stat. 157, provided
    that: "This Act [amending sections 3331, 3372, 3373, 3375, 3411,
    3412, 3414, 3416, 3431, and 3432 of this title, repealing sections
    3311 to 3320, 3331 to 3333, 3413, and 3417 of this title, and
    enacting provisions set out as notes under sections 3311 and 3372
    of this title] may be cited as the 'Natural Gas Wellhead Decontrol
    Act of 1989'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 95-621 provided that: "This Act [enacting
    this chapter and amending section 7255 of Title 42, The Public
    Health and Welfare] may be cited as the 'Natural Gas Policy Act of
    1978'."

-End-

-CITE-
    15 USC SUBCHAPTER I - WELLHEAD PRICING                      01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER I - WELLHEAD PRICING

-HEAD-
                      SUBCHAPTER I - WELLHEAD PRICING                  

-End-

-CITE-
    15 USC Secs. 3311 to 3320, 3331 to 3333                     01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER I - WELLHEAD PRICING

-HEAD-
    Secs. 3311 to 3320, 3331 to 3333. Repealed.

-MISC1-
    Secs. 3311 to 3320, 3331 to 3333. Repealed. Pub. L. 101-60, Sec.
      2(b), July 26, 1989, 103 Stat. 158.
      Section 3311, Pub. L. 95-621, title I, Sec. 101, Nov. 9, 1978, 92
    Stat. 3356, related to inflation adjustments and other general
    price ceiling rules to be applied in establishing wellhead price
    controls.
      Section 3312, Pub. L. 95-621, title I, Sec. 102, Nov. 9, 1978, 92
    Stat. 3358; Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat.
    1000, related to ceiling price for new natural gas and certain gas
    produced from Outer Continental Shelf.
      Section 3313, Pub. L. 95-621, title I, Sec. 103, Nov. 9, 1978, 92
    Stat. 3361, related to ceiling price for new, onshore production
    wells.
      Section 3314, Pub. L. 95-621, title I, Sec. 104, Nov. 9, 1978, 92
    Stat. 3362, related to a ceiling price for sales of natural gas
    dedicated to interstate commerce.
      Section 3315, Pub. L. 95-621, title I, Sec. 105, Nov. 9, 1978, 92
    Stat. 3363, related to ceiling price for sales under intrastate
    contracts existing on Nov. 8, 1978.
      Section 3316, Pub. L. 95-621, title I, Sec. 106, Nov. 9, 1978, 92
    Stat. 3365, related to ceiling price for sales under rollover
    contracts.
      Section 3317, Pub. L. 95-621, title I, Sec. 107, Nov. 9, 1978, 92
    Stat. 3366, related to ceiling price for high-cost natural gas.
      Section 3318, Pub. L. 95-621, title I, Sec. 108, Nov. 9, 1978, 92
    Stat. 3367, related to ceiling price for stripper well natural gas.
      Section 3319, Pub. L. 95-621, title I, Sec. 109, Nov. 9, 1978, 92
    Stat. 3368, related to ceiling price for other categories of
    natural gas.
      Section 3320, Pub. L. 95-621, title I, Sec. 110, Nov. 9, 1978, 92
    Stat. 3368, related to treatment of State severance taxes and
    certain production-related costs.
      Section 3331, Pub. L. 95-621, title I, Sec. 121, Nov. 9, 1978, 92
    Stat. 3369; Pub. L. 101-60, Sec. 2(a), July 26, 1989, 103 Stat.
    157, provided for elimination of price controls for certain natural
    gas sales.
      Section 3332, Pub. L. 95-621, title I, Sec. 122, Nov. 9, 1978, 92
    Stat. 3370, related to standby price control authority.
      Section 3333, Pub. L. 95-621, title I, Sec. 123, Nov. 9, 1978, 92
    Stat. 3371, related to reports to Congress by Department of Energy.

                         EFFECTIVE DATE OF REPEAL                     
      Section 2(b) of Pub. L. 101-60 provided that the repeal of
    sections 3311 to 3320 and 3331 to 3333 is effective Jan. 1, 1993.

-End-

-CITE-
    15 USC SUBCHAPTER II - INCREMENTAL PRICING                  01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER II - INCREMENTAL PRICING

-HEAD-
                    SUBCHAPTER II - INCREMENTAL PRICING                

-End-

-CITE-
    15 USC Secs. 3341 to 3348                                   01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER II - INCREMENTAL PRICING

-HEAD-
    Secs. 3341 to 3348. Repealed.

-MISC1-
    Secs. 3341 to 3348. Repealed. Pub. L. 100-42, Sec. 2(a), May 21,
      1987, 101 Stat. 314.
      Section 3341, Pub. L. 95-621, title II, Sec. 201, Nov. 9, 1978,
    92 Stat. 3371, required Commission to prescribe and make effective
    a rule designed to provide for passthrough of costs of natural gas,
    with respect to boiler fuel use of natural gas by industrial boiler
    fuel facilities, not later than 12 months after Nov. 9, 1978.
      Section 3342, Pub. L. 95-621, title II, Sec. 202, Nov. 9, 1978,
    92 Stat. 3372, required Commission to prescribe an amendment to
    rule required under section 3341 of this title, which would expand
    its application to other industrial uses, not later than 18 months
    after Nov. 9, 1978.
      Section 3343, Pub. L. 95-621, title II, Sec. 203, Nov. 9, 1978,
    92 Stat. 3373, enumerated acquisition costs subject to passthrough
    requirements of rule prescribed under section 3341 of this title.
      Section 3344, Pub. L. 95-621, title II, Sec. 204, Nov. 9, 1978,
    92 Stat. 3375, related to method of passthrough.
      Section 3345, Pub. L. 95-621, title II, Sec. 205, Nov. 9, 1978,
    92 Stat. 3378, related to direct passthrough of surcharges paid by
    local distributors on natural gas delivered by interstate pipelines
    to industrial facilities served by such local distributors.
      Section 3346, Pub. L. 95-621, title II, Sec. 206, Nov. 9, 1978,
    92 Stat. 3379, enumerated exemptions from application of rule
    required under section 3341 of this title.
      Section 3347, Pub. L. 95-621, title II, Sec. 207, Nov. 9, 1978,
    92 Stat. 3380, related to application of section 3343 to certain
    natural gas and liquefied natural gas imports.
      Section 3348, Pub. L. 95-621, title II, Sec. 208, Nov. 9, 1978,
    92 Stat. 3381, directed that Alaska natural gas be allocated to
    rates and charges of interstate pipelines in accordance with
    certain general principles applicable on Nov. 9, 1978, for
    establishing rates.

                REPEAL OF INCREMENTAL PRICING REQUIREMENTS            
      Section 2 of Pub. L. 100-42 provided that:
      "(a) Repeal. - Subject to subsections (b) and (c) of this
    section, title II of the Natural Gas Policy Act of 1978 (15 U.S.C.
    3341-3348) is repealed, and the items relating to title II are
    stricken from the table of contents of that Act.
      "(b) Limited Continuing Effect of Rules. - A rule promulgated by
    the Federal Energy Regulatory Commission, under title II of the
    Natural Gas Policy Act of 1978 shall continue in effect only with
    respect to the flowthrough of costs incurred before the enactment
    of this section [May 21, 1987], including any surcharges based on
    such costs.
      "(c) Implementation. - The Federal Energy Regulatory Commission
    may take appropriate action to implement this section."

-End-

-CITE-
    15 USC SUBCHAPTER III - ADDITIONAL AUTHORITIES AND
           REQUIREMENTS                                    01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER III - ADDITIONAL AUTHORITIES AND REQUIREMENTS

-HEAD-
         SUBCHAPTER III - ADDITIONAL AUTHORITIES AND REQUIREMENTS     

-End-

-CITE-
    15 USC Part A - Emergency Authority                         01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER III - ADDITIONAL AUTHORITIES AND REQUIREMENTS
    Part A - Emergency Authority

-HEAD-
                       PART A - EMERGENCY AUTHORITY                   

-End-

-CITE-
    15 USC Sec. 3361                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER III - ADDITIONAL AUTHORITIES AND REQUIREMENTS
    Part A - Emergency Authority

-HEAD-
    Sec. 3361. Declaration of emergency

-STATUTE-
    (a) Presidential declaration
      The President may declare a natural gas supply emergency (or
    extend a previously declared emergency) if he finds that - 
        (1) a severe natural gas shortage, endangering the supply of
      natural gas for high-priority uses, exists or is imminent in the
      United States or in any region thereof; and
        (2) the exercise of authorities under section 3362 or section
      3363 of this title is reasonably necessary, having exhausted
      other alternatives to the maximum extent practicable, to assist
      in meeting natural gas requirements for such high-priority uses.
    (b) Limitation
      (1) Expiration
        Any declaration of a natural gas supply emergency (or extension
      thereof) under subsection (a) of this section, shall terminate at
      the earlier of - 
          (A) the date on which the President finds that any shortage
        described in subsection (a) of this section does not exist or
        is not imminent; or
          (B) 120 days after the date of such declaration of emergency
        (or extension thereof).
      (2) Extensions
        Nothing in this subsection shall prohibit the President from
      extending, under subsection (a) of this section, any emergency
      (or extension thereof), previously declared under subsection (a)
      of this section, upon the expiration of such declaration of
      emergency (or extension thereof) under paragraph (1)(B).

-SOURCE-
    (Pub. L. 95-621, title III, Sec. 301, Nov. 9, 1978, 92 Stat. 3381.)

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions of President under this subchapter, except for
    authority to declare, extend, and terminate a national gas supply
    emergency pursuant to this section, delegated to Secretary of
    Energy, see section 1-101 of Ex. Ord. No. 12235, Sept. 3, 1980, 45
    F.R. 58803, set out as a note under section 3364 of this title.

-End-

-CITE-
    15 USC Sec. 3362                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER III - ADDITIONAL AUTHORITIES AND REQUIREMENTS
    Part A - Emergency Authority

-HEAD-
    Sec. 3362. Emergency purchase authority

-STATUTE-
    (a) Presidential authorization
      During any natural gas supply emergency declared under section
    3361 of this title, the President may, by rule or order, authorize
    any interstate pipeline or local distribution company served by any
    interstate pipeline to contract, upon such terms and conditions as
    the President determines to be appropriate (including provisions
    respecting fair and equitable prices), for the purchase of
    emergency supplies of natural gas - 
        (1) from any producer of natural gas (other than a producer who
      is affiliated with the purchaser, as determined by the President)
      if - 
          (A) such natural gas is not produced from the Outer
        Continental Shelf; and
          (B) the sale or transportation of such natural gas was not
        pursuant to a certificate issued under the Natural Gas Act [15
        U.S.C. 717 et seq.] immediately before the date on which such
        contract was entered into; or

        (2) from any intrastate pipeline, local distribution company,
      or other person (other than an interstate pipeline or a producer
      of natural gas).
    (b) Contract duration
      The duration of any contract authorized under subsection (a) of
    this section may not exceed 4 months. The preceding sentence shall
    not prohibit the President from authorizing under subsection (a) of
    this section a renewal of any contract, previously authorized under
    such subsection, following the expiration of such contract.
    (c) Related transportation and facilities
      The President may, by order, require any pipeline to transport
    natural gas, and to construct and operate such facilities for the
    transportation of natural gas, as he determines necessary to carry
    out any contract authorized under subsection (a) of this section.
    The costs of any construction or transportation ordered under this
    subsection shall be paid by the purchaser of natural gas under the
    contract with respect to which such order is issued. No order to
    transport natural gas under this subsection shall require any
    pipeline to transport natural gas in excess of such pipeline's
    available capacity.
    (d) Maintenance of adequate records
      The Commission shall require any interstate pipeline or local
    distribution company contracting under the authority of this
    section for natural gas to maintain and make available full and
    adequate records concerning transactions under this section,
    including records of the volumes of natural gas purchased under the
    authority of this section and the rates and charges for purchase
    and receipt of such natural gas.
    (e) Special limitation
      No sale under any emergency purchase contract under this section
    for emergency supplies of natural gas for sale and delivery from
    any intrastate pipeline which is operating under court supervision
    as of January 1, 1977, may take effect unless the court approves.

-SOURCE-
    (Pub. L. 95-621, title III, Sec. 302, Nov. 9, 1978, 92 Stat. 3382.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Natural Gas Act, referred to in subsec. (a)(1)(B), is act
    June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is
    classified generally to chapter 15B (Sec. 717 et seq.) of this
    title. For complete classification of this act to the Code, see
    section 717w of this title and Tables.

-End-

-CITE-
    15 USC Sec. 3363                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER III - ADDITIONAL AUTHORITIES AND REQUIREMENTS
    Part A - Emergency Authority

-HEAD-
    Sec. 3363. Emergency allocation authority

-STATUTE-
    (a) In general
      In order to assist in meeting natural gas requirements for high-
    priority uses of natural gas during any natural gas supply
    emergency declared under section 3361 of this title, the President
    may, by order, allocate supplies of natural gas under subsections
    (b), (c), and (d) of this section to - 
        (1) any interstate pipeline;
        (2) any local distribution company - 
          (A) which is served by any interstate pipeline;
          (B) which is providing natural gas only for high-priority
        uses; and
          (C) which is in need of deliveries of natural gas to assist
        in meeting natural gas requirements for high-priority uses of
        natural gas; and

        (3) any person for meeting requirements of high-priority uses
      of natural gas.
    (b) Allocation of certain boiler fuel gas
      (1) Required finding
        The President shall not allocate supplies of natural gas under
      this subsection unless he finds that - 
          (A) to the maximum extent practicable, emergency purchase
        authority under section 3362 of this title has been utilized to
        assist in meeting natural gas requirements for high-priority
        uses of natural gas;
          (B) emergency purchases of natural gas supplies under section
        3362 of this title are not likely to satisfy the natural gas
        requirements for such high-priority uses;
          (C) the exercise of authority under this subsection is
        reasonably necessary to assist in meeting natural gas
        requirements for such high-priority uses; and
          (D) any interstate pipeline or local distribution company
        receiving such natural gas has ordered the termination of all
        deliveries of natural gas for other than high-priority uses and
        attempted to to (!1) the maximum extent practicable to
        terminate such deliveries.

      (2) Allocation authority
        Subject to paragraph (1), in order to assist in meeting natural
      gas requirements for high-priority uses of natural gas, the
      President may, by order, allocate supplies of natural gas the use
      of which has been prohibited by the President pursuant to
      authority under section 717z of this title (relating to the use
      of natural gas as a boiler fuel during any natural gas supply
      emergency).
    (c) Allocation of general pipeline supply
      (1) Required findings
        The President shall not allocate supplies of natural gas under
      this subsection unless he finds that - 
          (A) to the maximum extent practicable, allocation of supplies
        of natural gas under subsection (b) of this section has been
        utilized to assist in meeting natural gas requirements for high-
        priority uses of natural gas;
          (B) the exercise of such authority is not likely to satisfy
        the natural gas requirements for such high-priority uses;
          (C) the exercise of authority under this subsection is
        reasonably necessary to assist in meeting natural gas
        requirements for such high-priority uses;
          (D) any interstate pipeline or local distribution company
        receiving such natural gas has ordered the termination of all
        deliveries of natural gas for other than high-priority uses and
        attempted to the maximum extent practicable to terminate such
        deliveries;
          (E) such allocation will not create, for the interstate
        pipeline delivering certificated natural gas, a supply shortage
        which will cause such pipeline to be unable to meet the natural
        gas requirements for high-priority uses of natural gas served,
        directly or indirectly, by such pipeline; and
          (F) such allocation will not result in a disproportionate
        share of deliveries and resulting curtailments of natural gas
        being experienced by such interstate pipeline when compared to
        deliveries and resulting curtailments which are experienced as
        a result of orders issued under this subsection applicable to
        other interstate pipelines (as determined by the President).
      (2) Required notification from State
        (A) (!2) Notification

          The President shall not allocate supplies of natural gas
        under this subsection unless he is notified by the Governor of
        any State that - 
            (i) a shortage of natural gas supplies available to such
          State exists or is imminent;
            (ii) such shortage or imminent shortage endangers the
          supply of natural gas for high-priority uses in such State;
          and
            (iii) the exercise of authority under State law is
          inadequate to protect high-priority uses of natural gas in
          such State from an interruption in natural gas supplies.
      (3) Basis of finding
        To the maximum extent practicable, the Governor shall submit,
      together with any notification under subparagraph (A),
      information upon which he has based his finding under such
      subparagraph, including - 
          (i) volumes of natural gas required to meet the natural gas
        requirements for high-priority uses of natural gas in such
        State;
          (ii) information received from persons in the business of
        producing, selling, transporting, or delivering natural gas in
        such State as to the volumes of natural gas supplies available
        to such State;
          (iii) information on the authority under State law which will
        be exercised to protect high-priority uses; and
          (iv) such other information which the President requests or
        which the Governor determines appropriate to apprise the
        President of emergency deliveries and transportation of
        interstate natural gas needed by such State.
      (4) Allocation authority
        Subject to paragraphs (1), (2), and (5), in order to assist in
      meeting natural gas requirements for high-priority uses of
      natural gas, the President may, by order, allocate supplies of
      certificated natural gas from any interstate pipeline.
      (5) Consideration of alternative fuel availability
        In issuing any order under this subsection the President shall
      consider the relative availability of alternative fuel to natural
      gas users supplied by the interstate pipeline ordered to make
      deliveries pursuant to this subsection.
    (d) Allocation of user-owned gas
      (1) Required finding
        The President shall not allocate supplies of natural gas under
      this subsection unless he finds that - 
          (A) to the maximum extent practicable, allocation of supplies
        of natural gas under subsection (c) of this section has been
        utilized to assist in meeting natural gas requirements for high-
        priority uses of natural gas;
          (B) the exercise of such authority is not likely to satisfy
        the natural gas requirements for such high-priority uses;
          (C) the exercise of authority under this subsection is
        reasonably necessary to assist in meeting natural gas
        requirements for such high-priority uses;
          (D) any interstate pipeline or local distribution company
        receiving such natural gas has ordered the termination of all
        deliveries of natural gas for other than high-priority uses and
        attempted to the maximum extent practicable to terminate such
        deliveries; and
          (E) such allocation will not create, for the person who owns
        and would otherwise use such natural gas, a supply shortage
        which will cause such person to be unable to satisfy such
        person's natural gas requirements for high-priority uses.
      (2) Allocation authority
        Subject to paragraphs (1) and (3), in order to assist in
      meeting natural gas requirements for high-priority uses of
      natural gas, the President may, by order, allocate supplies of
      natural gas which would be certificated natural gas but for the
      second sentence of section 3301(19) of this title.
      (3) Consideration of economic feasibility of alternative fuels
        In issuing any order under this subsection, the President shall
      consider the economic feasibility of alternative fuels available
      to the user which owned the natural gas subject to an order under
      this subsection.
    (e) Limitation
      No order may be issued under this section unless the President
    determines that such order will not require transportation of
    natural gas by any pipeline in excess of its available
    transportation capacity.
    (f) Industry assistance
      The President may request that representatives of pipelines,
    local distribution companies, and other persons meet and provide
    assistance to the President in carrying out his authority under
    this section.
    (g) Compensation
      (1) In general
        If the parties to any order issued under subsection (b), (c),
      (d), or (h) of this section fail to agree upon the terms of
      compensation for natural gas deliveries or transportation
      required pursuant to such order, the President, after a hearing
      held either before or after such order takes effect, shall, by
      supplemental order, prescribe the amount of compensation to be
      paid for such deliveries or transportation and for any other
      expenses incurred in delivering or transporting natural gas.
      (2) Calculation of compensation for certain boiler fuel natural
        gas
        For purposes of any supplemental order under paragraph (1) with
      respect to emergency deliveries pursuant to subsection (b) of
      this section, the President shall calculate the amount of
      compensation - 
          (A) for supplies of natural gas based upon the amount
        required to make whole the user subject to the prohibition
        order, but in no event may such compensation exceed just
        compensation prescribed in section 717z of this title; and
          (B) for transportation, storage, delivery, and other
        services, based upon reasonable costs, as determined by the
        President.
      (3) Compensation for other natural gas allocated
        For the purpose of any supplemental order under paragraph (1),
      if the party making emergency deliveries pursuant to subsection
      (c) or (d) of this section - 
          (A) indicates a preference for compensation in kind, the
        President shall direct that compensation in kind be provided as
        expeditiously as practicable;
          (B) indicates a preference for compensation, or the President
        determines that, notwithstanding paragraph (A) of this
        subsection, any portion thereof cannot practicably be
        compensated in kind, the President shall calculate the amount
        of compensation - 
            (i) for supplies of natural gas, based upon the amount
          required to make the pipeline and its local distribution
          companies whole, in the case of any order under subsection
          (c) of this section, or to make the user from whom natural
          gas is allocated whole, in the case of any order under
          subsection (d) of this section including any amount actually
          paid by such pipeline and its local distribution companies or
          such user for volumes of natural gas or higher cost synthetic
          gas acquired to replace natural gas subject to an order under
          subsection (c) or (d) of this section; and
            (ii) for transportation, storage, delivery, and other
          services, based upon reasonable costs, as determined by the
          President. Compensation received by an interstate pipeline
          under this subsection shall be credited to the account of any
          local distribution company served by that pipeline to the
          extent ordered by the President to make such local
          distribution company whole.
    (h) Related transportation and facilities
      The President may, by order, require any pipeline to transport
    natural gas, and to construct and operate such facilities for the
    transportation of natural gas, as he determines necessary to carry
    out any order under subsection (b), (c), or (d) of this section.
    Compensation for the costs of any construction or transportation
    ordered under this subsection shall be determined under subsection
    (g) of this section and shall be paid by the person to whom
    supplies of natural gas are ordered allocated under this section.
    (i) Monitoring
      In order to effect the purposes of this part, the President shall
    monitor the operation of any order made pursuant to this section to
    assure that natural gas delivered pursuant to this section is
    applied to high-priority uses only.
    (j) Commission study
      Not later than June 1, 1979, the Commission shall prepare and
    submit to the Congress a report regarding whether authority to
    allocate natural gas, which is not otherwise subject to allocation
    under this part, is likely to be necessary to meet high-priority
    uses.
    (k) "High-priority use" defined
      For purposes of this section, the term "high-priority use" means
    any - 
        (1) use of natural gas in a residence;
        (2) use of natural gas in a commercial establishment in amounts
      less than 50 Mcf on a peak day; or
        (3) any use of natural gas the curtailment of which the
      President determines would endanger life, health, or maintenance
      of physical property.

-SOURCE-
    (Pub. L. 95-621, title III, Sec. 303, Nov. 9, 1978, 92 Stat. 3383.)

-FOOTNOTE-
    (!1) So in original.

    (!2) So in original. Par. (2) enacted without a subpar. (B).

-End-

-CITE-
    15 USC Sec. 3364                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER III - ADDITIONAL AUTHORITIES AND REQUIREMENTS
    Part A - Emergency Authority

-HEAD-
    Sec. 3364. Miscellaneous provisions

-STATUTE-
    (a) Information
      (1) Obtaining of information
        In order to obtain information to carry out his authority under
      this part, the President may - 
          (A) sign and issue subpenas for the attendance and testimony
        of witnesses and the production of books, records, papers, and
        other documents;
          (B) require any person, by general or special order, to
        submit answers in writing to interrogatories, requests for
        reports or for other information, and such answers shall be
        made within such reasonable period, and under oath or otherwise
        as the President may determine; and
          (c) (!1) secure, upon request, any information from any
        Federal agency.

      (2) Enforcement of subpenas and orders
        The appropriate United States district court may, upon petition
      of the Attorney General at the request of the President, in the
      case of refusal to obey a subpena or order of the President
      issued under this subsection, issue an order requiring compliance
      therewith, and any failure to obey an order of the court may be
      punished by the court as a contempt thereof.
    (b) Reporting of prices and volumes
      In issuing any order under section 3362 or 3363 of this title,
    the President shall require that the prices and volumes of natural
    gas delivered, transported, or contracted for pursuant to such
    order shall be reported to him on a weekly basis. Such reports
    shall be made available to the Congress.
    (c) Presidential reports to Congress
      The President shall report to the Congress, not later than 90
    days following the termination under section 3361(b) of this title
    of any declaration of a natural gas supply emergency (or extension
    thereof) under section 3361(a) of this title, respecting the
    exercise of authority under section 3361, 3362, 3363 of this title,
    or this section.
    (d) Delegation of authorities
      The President may delegate all or any portion of the authority
    granted to him under section 3361, 3362, 3363 of this title, or
    this section to such Federal officers or agencies as he determines
    appropriate, and may authorize such redelegation as may be
    appropriate. Except with respect to section 552 of title 5, any
    Federal officer or agency to which authority is delegated or
    redelegated under this subsection shall be subject only to such
    procedural requirements respecting the exercise of such authority
    as the President would be subject to if such authority were not so
    delegated.
    (e) Antitrust protections
      (1) Defenses
        There shall be available as a defense for any person to civil
      or criminal action brought for violation of the Federal antitrust
      laws (or any similar law of any State) with respect to any action
      taken, or meeting held, pursuant to any order of the President
      under section 3363(b), (c), (d), or (i) of this title, or any
      meeting held pursuant to a request of the President under section
      3363(g) of this title, if - 
          (A) such action was taken or meeting held solely for the
        purpose of complying with the President's request or order;
          (B) such action was not taken for the purpose of injuring
        competition; and
          (C) any such meeting complied with the requirements of
        paragraph (2).

      Persons interposing the defense provided by this subsection shall
      have the burden of proof, except that the burden shall be on the
      person against whom the defense is asserted with respect to
      whether the actions were taken for the purpose of injuring
      competition.
      (2) Requirements of meetings
        With respect to any meeting held pursuant to a request by the
      President under section 3363(g) of this title or pursuant to an
      order under section 3363 of this title - 
          (A) there shall be present at such meeting a full-time
        Federal employee designated for such purposes by the Attorney
        General;
          (B) a full and complete record of such meeting shall be taken
        and deposited, together with any agreements resulting
        therefrom, with the Attorney General, who shall make it
        available for public inspection and copying;
          (C) the Attorney General and the Federal Trade Commission
        shall have the opportunity to participate from the beginning in
        the development and carrying out of agreements and actions
        under section 3363 of this title, in order to propose any
        alternative which would avoid or overcome, to the greatest
        extent practicable, possible anticompetitive effects while
        achieving substantially the purposes of section 3363 of this
        title and any order thereunder; and
          (D) such other procedures as may be specified by the
        President in such request or order shall be complied with.
    (f) Effect on certain contractual obligations
      There shall be available as a defense to any action brought for
    breach of contract under Federal or State Law arising out of any
    act or omission that such act was taken or that such omission
    occurred for purposes of complying with any order issued under
    section 3363 of this title.
    (g) Preemption
      Any order issued pursuant to this subchapter shall preempt any
    provision of any program for the allocation, emergency delivery,
    transportation, or purchase of natural gas established by any State
    or local government if such program is in conflict with any such
    order.

-SOURCE-
    (Pub. L. 95-621, title III, Sec. 304, Nov. 9, 1978, 92 Stat. 3387.)

-EXEC-
      EX. ORD. NO. 12235. ASSIGNMENT OF MANAGEMENT RESPONSIBILITY IN
                     CASES OF NATURAL GAS EMERGENCIES
      Ex. Ord. No. 12235, Sept. 3, 1980, 45 F.R. 58803, provided:
      By the authority vested in me as President by the Constitution
    and statutes of the United States of America, including Section
    304(d) of the Natural Gas Policy Act of 1978 (92 Stat. 3387; 15
    U.S.C. 3364(d)) and Section 301 of Title 3 of the United States
    Code, and in order to assign management responsibility in case of a
    natural gas supply emergency, it is hereby ordered as follows:
      1-101. The functions vested in the President by Sections 301
    through 304(c) of the Natural Gas Policy Act of 1978 (92 Stat. 3381-
    3387; 15 U.S.C. 3361-3364(c)) are delegated to the Secretary of
    Energy; except for the authority to declare, extend, and terminate
    a natural gas supply emergency pursuant to Section 301 thereof (15
    U.S.C. 3361).
      1-102. The functions vested in the President by Section 607 of
    the Public Utility Regulatory Policies Act of 1978 (92 Stat. 3171;
    15 U.S.C. 717z) are delegated to the Secretary of Energy; except
    for the authority to declare, extend, and terminate a natural gas
    supply emergency pursuant to Section 607(a) and (b) thereof (15
    U.S.C. 717z(a) and (b)).
      1-103. The Secretary shall consult with the Administrator of the
    Environmental Protection Agency, the Director [now Administrator]
    of the Federal Emergency Management Agency, and the heads of other
    executive agencies in exercising the functions delegated to him by
    this Order.
      1-104. All functions delegated to the Secretary by this Order may
    be redelegated, in whole or in part, to the head of any other
    agency.
      1-105. All Executive agencies shall, to the extent permitted by
    law, cooperate with and assist the Secretary in carrying out the
    functions delegated to him by this Order.
                                                           Jimmy Carter.

-FOOTNOTE-
    (!1) So in original. Probably should be "(C)".

-End-

-CITE-
    15 USC Part B - Other Authorities and Requirements          01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER III - ADDITIONAL AUTHORITIES AND REQUIREMENTS
    Part B - Other Authorities and Requirements

-HEAD-
                PART B - OTHER AUTHORITIES AND REQUIREMENTS            

-End-

-CITE-
    15 USC Sec. 3371                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER III - ADDITIONAL AUTHORITIES AND REQUIREMENTS
    Part B - Other Authorities and Requirements

-HEAD-
    Sec. 3371. Authorization of certain sales and transportation

-STATUTE-
    (a) Commission approval of transportation
      (1) Interstate pipelines
        (A) In general
           The Commission may, by rule or order, authorize any
        interstate pipeline to transport natural gas on behalf of - 
            (i) any intrastate pipeline; and
            (ii) any local distribution company.
        (B) Just and reasonable rates
          The rates and charges of any interstate pipeline with respect
        to any transportation authorized under subparagraph (A) shall
        be just and reasonable (within the meaning of the Natural Gas
        Act [15 U.S.C. 717 et seq.]).
      (2) Intrastate pipelines
        (A) In general
          The Commission may, by rule or order, authorize any
        intrastate pipeline to transport natural gas on behalf of - 
            (i) any interstate pipeline; and
            (ii) any local distribution company served by any
          interstate pipeline.
        (B) Rates and charges
          (i) Maximum fair and equitable price
            The rates and charges of any intrastate pipeline with
          respect to any transportation authorized under subparagraph
          (A), including any amount computed in accordance with the
          rule prescribed under clause (ii), shall be fair and
          equitable and may not exceed an amount which is reasonably
          comparable to the rates and charges which interstate
          pipelines would be permitted to charge for providing similar
          transportation service.
          (ii) Commission rule
            The Commission shall, by rule, establish the method for
          calculating an amount necessary to - 
              (I) reasonably compensate any intrastate pipeline for
            expenses incurred by the pipeline and associated with the
            providing of any gathering, treatment, processing,
            transportation, delivery, or similar service provided by
            such pipeline in connection with any transportation of
            natural gas authorized under subparagraph (A); and
              (II) provide an opportunity for such pipeline to earn a
            reasonable profit on such services.
    (b) Commission approval of sales
      (1) In general
        The Commission may, by rule or order, authorize any intrastate
      pipeline to sell natural gas to - 
          (A) any interstate pipeline; and
          (B) any local distribution company served by any interstate
        pipeline.
      (2) Rates and charges
        (A) Maximum fair and equitable price
          The rates and charges of any intrastate pipeline with respect
        to any sale of natural gas authorized under paragraph (1) shall
        be fair and equitable and may not exceed the sum of - 
            (i) such intrastate pipeline's weighted average acquisition
          cost of natural gas;
            (ii) an amount, computed in accordance with the rule
          prescribed under subparagraph (B); and
            (iii) any adjustment permitted under subparagraph (C).
        (B) Commission rule
          The Commission shall, by rule, establish the method for
        calculating an amount necessary to - 
            (i) reasonably compensate any intrastate pipeline for
          expenses incurred by the pipeline and associated with the
          providing of any gathering, treatment, processing,
          transportation, or delivery service provided by such pipeline
          in connection with any sale of natural gas authorized under
          paragraph (1); and
            (ii) provide an opportunity for such pipeline to earn a
          reasonable profit on such services.
        (C) Adjustment
          (i) Application
            This subparagraph shall apply in any case in which, in
          order to deliver any volume of natural gas pursuant to any
          sale authorized under paragraph (1), any intrastate pipeline
          acquires quantities of natural gas under any existing
          contract, if - 
              (I) such intrastate pipeline acquires any volume of
            natural gas under such contract in excess of that which
            such pipeline would otherwise have acquired; and
              (II) the price paid for such additional volume of natural
            gas acquired under such contract is greater than such
            pipeline's weighted average acquisition cost of natural
            gas, computed without regard to the acquisition of such
            additional volume of natural gas.
          (ii) Commission adjustment
            In any case to which this subparagraph applies, the
          Commission shall permit an adjustment to the maximum fair and
          equitable price provided under subparagraph (A) to increase
          the revenue to the intrastate pipeline under such sale by an
          amount determined by the Commission to be adequate to offset
          the additional cost incurred by such pipeline due to any
          increase in such pipeline's weighted average acquisition cost
          of natural gas.
      (3) Limitation
        (A) Two-year duration
          No authorization of any sale (or any extension thereof) under
        paragraph (1) may be for a period exceeding two years.
        (B) Extension
          Any authorization of any sale under paragraph (1), and any
        extension of any such authorization under this subparagraph,
        may be extended by the Commission if such extension satisfies
        the requirements of this subsection.
      (4) Adequacy of service to intrastate customers
        Any sale authorized under paragraph (1) shall be subject to
      interruption to the extent that natural gas subject to such sale
      is required to enable the intrastate pipeline involved to provide
      adequate service to such pipeline's customers at the time of such
      sale.
      (5) Procedural requirements
        (A) Affidavit
          Any application for authorization of any sale under paragraph
        (1) shall be accompanied by an affidavit filed by the
        intrastate pipeline involved and setting forth - 
            (i) the identity of the interstate pipeline or local
          distribution company involved;
            (ii) each point of delivery of the natural gas from the
          intrastate pipeline;
            (iii) the estimated total and daily volumes of natural gas
          subject to such sale;
            (iv) the price or prices of such volumes; and
            (v) such other information as the Commission may, by rule,
          require.
        (B) Verification of compliance
          Any application for authorization of any sale under paragraph
        (1) shall be accompanied by a statement by the intrastate
        pipeline involved verifying by oath or affirmation that such
        sale, if authorized, would comply with all requirements
        applicable to such sale under this subsection and all terms and
        conditions established, by rule or order, by the Commission and
        applicable to such sale.
      (6) Termination of sales
        (A) Hearing
          Upon complaint of any interested person, or upon the
        Commission's own motion, the Commission shall, after affording
        an opportunity for oral presentation of views and arguments,
        terminate any sale authorized under paragraph (1) if the
        Commission determines - 
            (i) such termination is required to enable the intrastate
          pipeline involved to provide adequate service to the
          customers of such pipeline at the time of such sale;
            (ii) such sale involves the sale of natural gas acquired by
          the intrastate pipeline involved solely or primarily for the
          purpose of resale of such natural gas pursuant to a sale
          authorized under paragraph (1);
            (iii) such sale violates any requirement of this subsection
          or any term or condition established, by rule or order, by
          the Commission and applicable to such sale; or
            (iv) such sale circumvents or violates any provision of
          this chapter.
        (B) Suspension pending hearing
          Prior to any hearing or determination required under
        subparagraph (A), upon complaint of any interested person or
        upon the Commission's own motion, the Commission may suspend
        any sale authorized under paragraph (1) if the Commission finds
        that it is likely that the determinations described in
        subparagraph (A) will be made following the hearing required
        under subparagraph (A).
        (C) Determination
          The determination of whether any interruption of any sale
        authorized under paragraph (1) is required under subparagraph
        (A)(i) shall be made by the Commission without regard to the
        character of the use of natural gas by any customer of the
        intrastate pipeline involved.
        (D) State intervention
          Any interested State may intervene as a matter of right in
        any proceeding before the Commission relating to any
        determination under this section.
      (7) Disapproval of application
        The Commission shall disapprove any application for
      authorization of any sale under paragraph (1) if the Commission
      determines - 
          (A) such sale would impair the ability of the intrastate
        pipeline involved to provide adequate service to its customers
        at the time of such sale (without regard to the character of
        the use of natural gas by such customer);
          (B) such sale would involve the sale of natural gas acquired
        by the intrastate pipeline involved solely or primarily for the
        purpose of resale of such natural gas pursuant to a sale
        authorized under paragraph (1);
          (C) such sale would violate any requirement of this
        subsection or any term or condition established, by rule or
        order, by the Commission and applicable to such sale; or
          (D) such sale would circumvent or violate any provision of
        this chapter.
    (c) Terms and conditions
      Any authorization granted under this section shall be under such
    terms and conditions as the Commission may prescribe.

-SOURCE-
    (Pub. L. 95-621, title III, Sec. 311, Nov. 9, 1978, 92 Stat. 3388.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Natural Gas Act, referred to in subsec. (a)(1)(B), is act
    June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is
    classified generally to chapter 15B (Sec. 717 et seq.) of this
    title. For complete classification of this act to the Code, see
    section 717w of this title and Tables.

-End-

-CITE-
    15 USC Sec. 3372                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER III - ADDITIONAL AUTHORITIES AND REQUIREMENTS
    Part B - Other Authorities and Requirements

-HEAD-
    Sec. 3372. Assignment of contractual rights to receive surplus
      natural gas

-STATUTE-
    (a) Authorization of assignments
      The Commission may, by rule or order, authorize any intrastate
    pipeline to assign, without compensation, to any interstate
    pipeline or local distribution company all or any portion of such
    intrastate pipeline's right to receive surplus natural gas at any
    first sale, upon such terms and conditions as the Commission
    determines appropriate.
    (b) Effect of authorization under subsection (a)
      For the effect of an authorization under subsection (a) of this
    section, see section 3431 of this title (relating to the
    coordination of this chapter with the Natural Gas Act [15 U.S.C.
    717 et seq.]).
    (c) Surplus natural gas
      For purposes of this section, the term "surplus natural gas"
    means any natural gas which is determined, by the State agency
    having regulatory jurisdiction over the intrastate pipeline which
    would be entitled to receive such natural gas in the absence of any
    assignment to exceed the then current demands on such pipeline for
    natural gas.

-SOURCE-
    (Pub. L. 95-621, title III, Sec. 312, Nov. 9, 1978, 92 Stat. 3392;
    Pub. L. 101-60, Sec. 3(b)(2), July 26, 1989, 103 Stat. 158.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Natural Gas Act, referred to in subsec. (b), is act June 21,
    1938, ch. 556, 52 Stat. 821, as amended, which is classified
    generally to chapter 15B (Sec. 717 et seq.) of this title. For
    complete classification of this act to the Code, see section 717w
    of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1989 - Subsec. (c). Pub. L. 101-60 substituted "any natural gas"
    for "any natural gas - 
        "(1) which is not committed or dedicated to interstate commerce
      on November 8, 1978;
        "(2) the first sale of which is subject to a maximum lawful
      price established under subchapter I of this chapter; and
        "(3)".

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Section 3(b) of Pub. L. 101-60 provided in part that the
    amendment by section 3(b)(2) of Pub. L. 101-60 is effective Jan. 1,
    1993.

-End-

-CITE-
    15 USC Sec. 3373                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER III - ADDITIONAL AUTHORITIES AND REQUIREMENTS
    Part B - Other Authorities and Requirements

-HEAD-
    Sec. 3373. Effect of certain natural gas prices on indefinite price
      escalator clauses

-STATUTE-
    (a) High-cost natural gas
      No price paid in any first sale of high-cost natural gas (as
    defined in section 3317(c) (!1) of this title, as such section was
    in effect on January 1, 1989) may be taken into account in applying
    any indefinite price escalator clause (as defined in section
    3315(b)(3)(B) (!1) of this title, as such section was in effect on
    January 1, 1989) with respect to any first sale of any natural gas
    other than high-cost natural gas (as defined in section 3317(c)
    (!1) of this title, as such section was in effect on January 1,
    1989).

    (b) Other transactions
      No price paid - 
        (1) in any sale authorized under section 3362(a) of this title,
      or
        (2) pursuant to any order issued under section 3363(b), (c),
      (d), or (g) of this title,

    may be taken into account in applying any indefinite price
    escalator clause (as defined in section 3315(b)(3)(B) (!1) of this
    title, as such section was in effect on January 1, 1989).

-SOURCE-
    (Pub. L. 95-621, title III, Sec. 313, Nov. 9, 1978, 92 Stat. 3392;
    Pub. L. 101-60, Sec. 3(b)(3), July 26, 1989, 103 Stat. 159.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 3315 and 3317 of this title, referred to in text, were
    repealed effective Jan. 1, 1993, by Pub. L. 101-60, Sec. 2(b), July
    26, 1989, 103 Stat. 158.

-MISC1-
                                AMENDMENTS                            
      1989 - Pub. L. 101-60 inserted ", as such section was in effect
    on January 1, 1989" in four places.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-60 effective Jan. 1, 1993, see section
    3(b) of Pub. L. 101-60, set out as a note under section 3372 of
    this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    15 USC Sec. 3374                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER III - ADDITIONAL AUTHORITIES AND REQUIREMENTS
    Part B - Other Authorities and Requirements

-HEAD-
    Sec. 3374. Clauses prohibiting certain sales, transportation, and
      commingling

-STATUTE-
    (a) General rule
      Any provision of any contract for the first sale of natural gas
    is hereby declared against public policy and unenforceable with
    respect to any natural gas covered by this chapter if such
    provision - 
        (1) prohibits the commingling of natural gas subject to such
      contract with natural gas subject to the jurisdiction of the
      Commission under the provisions of the Natural Gas Act [15 U.S.C.
      717 et seq.];
        (2) prohibits the sale of any natural gas subject to such
      contract to, or transportation of any such natural gas by, any
      person subject to the jurisdiction of the Commission under the
      Natural Gas Act [15 U.S.C. 717 et seq.], or otherwise prohibits
      the sale or transportation in interstate commerce (within the
      meaning of the Natural Gas Act) of natural gas subject to such
      contract; or
        (3) terminates, or grants any party the option to terminate,
      any obligation under any such contract as a result of such
      commingling, sale, or transportation.
    (b) Natural gas covered by this chapter
      For purposes of subsection (a) of this section, the term "natural
    gas covered by this chapter" means - 
        (1) natural gas which is not committed or dedicated to
      interstate commerce as of November 8, 1978;
        (2) natural gas, the sale in interstate commerce of which - 
          (A) is authorized under section 3362(a) or 3371(b) of this
        title; or
          (B) is pursuant to an assignment under section 3372(a) of
        this title; and,

        (3) natural gas, the transportation in interstate commerce of
      which is - 
          (A) pursuant to any order under section 3362(c) or section
        3363(b), (c), (d), or (h) of this title; or
          (B) authorized by the Commission under section 3371(a) of
        this title.

-SOURCE-
    (Pub. L. 95-621, title III, Sec. 314, Nov. 9, 1978, 92 Stat. 3392.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Natural Gas Act, referred to in subsec. (a)(1), (2), is act
    June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is
    classified generally to chapter 15B (Sec. 717 et seq.) of this
    title. For complete classification of this act to the Code, see
    section 717w of this title and Tables.

-End-

-CITE-
    15 USC Sec. 3375                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER III - ADDITIONAL AUTHORITIES AND REQUIREMENTS
    Part B - Other Authorities and Requirements

-HEAD-
    Sec. 3375. Filing of contracts and agreements

-STATUTE-
      The Commission may, by rule or order, require any first sale
    purchaser of natural gas under a new contract, a successor to an
    existing contract, or a rollover contract to file with the
    Commission a copy of such contract, together with all ancillary
    agreements and any existing contract applicable to such natural
    gas.

-SOURCE-
    (Pub. L. 95-621, title III, Sec. 315, Nov. 9, 1978, 92 Stat. 3393;
    Pub. L. 100-439, Secs. 1, 2(a), (b)(1), Sept. 22, 1988, 102 Stat.
    1720; Pub. L. 101-60, Sec. 3(a)(2), July 26, 1989, 103 Stat. 158.)

-MISC1-
                                AMENDMENTS                            
      1989 - Pub. L. 101-60, in section catchline, substituted "Filing
    of contracts and agreements" for "Contract duration; filing of
    contracts and agreements", and in text, struck out subsec. (a)
    designation, heading "Contract duration", and text relating to
    power of Commissioner to specify minimum duration of contracts for
    purchase of natural gas and requiring nondiscriminatory exercise of
    such authority, and struck out subsec. (b) designation and heading
    "Filing of contracts and ancillary agreements".
      1988 - Pub. L. 100-439, Sec. 2(b)(1), struck out "right of first
    refusal;" after "Contract duration;" in section catchline.
      Subsec. (a)(1). Pub. L. 100-439, Sec. 1, struck out last sentence
    which directed that provisions of par. (1) did not apply to
    contracts of natural gas subject to requirements of par. (3).
      Subsec. (a)(3). Pub. L. 100-439, Sec. 1, struck out par. (3)
    which related to contracts for purchase of natural gas produced
    from reservoirs on Outer Continental Shelf.
      Subsecs. (b), (c). Pub. L. 100-439, Sec. 2(a), redesignated
    subsec. (c) as (b) and struck out former subsec. (b) which related
    to certain rights of first refusal with respect to certain natural
    gas committed or dedicated to interstate commerce on November 8,
    1978.

-End-

-CITE-
    15 USC SUBCHAPTER IV - NATURAL GAS CURTAILMENT POLICIES     01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER IV - NATURAL GAS CURTAILMENT POLICIES

-HEAD-
             SUBCHAPTER IV - NATURAL GAS CURTAILMENT POLICIES         

-End-

-CITE-
    15 USC Sec. 3391                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER IV - NATURAL GAS CURTAILMENT POLICIES

-HEAD-
    Sec. 3391. Natural gas for essential agricultural uses

-STATUTE-
    (a) General rule
      Not later than 120 days after November 9, 1978, the Secretary of
    Energy shall prescribe and make effective a rule, which may be
    amended from time to time, which provides that, notwithstanding any
    other provision of law (other than subsection (b) of this section)
    and to the maximum extent practicable, no curtailment plan of an
    interstate pipeline may provide for curtailment of deliveries of
    natural gas for any essential agricultural use, unless such
    curtailment - 
        (1) does not reduce the quantity of natural gas delivered for
      such use below the use requirement specified in subsection (c) of
      this section; or
        (2) is necessary in order to meet the requirements of high-
      priority users.
    (b) Curtailment priority not applicable if alternative fuel
      available
      If the Commission, in consultation with the Secretary of
    Agriculture, determines, by rule or order, that use of a fuel
    (other than natural gas) is economically practicable and that the
    fuel is reasonably available as an alternative for any agricultural
    use of natural gas, the provisions of subsection (a) of this
    section shall not apply with respect to any curtailment of
    deliveries for such use.
    (c) Determination of essential agricultural use requirements
      The Secretary of Agriculture shall certify to the Secretary of
    Energy and the Commission the natural gas requirements (expressed
    either as volumes or percentages of use) of persons (or classes
    thereof) for essential agricultural uses in order to meet the
    requirements of full food and fiber production.
    (d) Authority of Secretary of Agriculture to intervene
      The Secretary of Agriculture may intervene as a matter of right
    in any proceeding before the Commission which is conducted in
    connection with implementing the requirements of the rule
    prescribed under subsection (a) of this section.
    (e) Limitation
      The Secretary of Agriculture may not exercise any authority under
    this section for the purpose of restricting the production of any
    crop.
    (f) Definitions
      For purposes of this section - 
      (1) Essential agricultural use
        The term "essential agricultural use", when used with respect
      to natural gas, means any use of natural gas - 
          (A) for agricultural production, natural fiber production,
        natural fiber processing, food processing, food quality
        maintenance, irrigation pumping, crop drying, or
          (B) as a process fuel or feedstock in the production of
        fertilizer, agricultural chemicals, animal feed, or food,

      which the Secretary of Agriculture determines is necessary for
      full food and fiber production.
      (2) High-priority user
        The term "high-priority user" means any person who - 
          (A) uses natural gas in a residence;
          (B) uses natural gas in a commercial establishment in amounts
        of less than 50 Mcf on a peak day;
          (C) uses natural gas in any school, hospital, or similar
        institution; or
          (D) uses natural gas in any other use the curtailment of
        which the Secretary of Energy determines would endanger life,
        health, or maintenance of physical property.

-SOURCE-
    (Pub. L. 95-621, title IV, Sec. 401, Nov. 9, 1978, 92 Stat. 3394.)

-End-

-CITE-
    15 USC Sec. 3391a                                           01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER IV - NATURAL GAS CURTAILMENT POLICIES

-HEAD-
    Sec. 3391a. "Essential agricultural use" defined

-STATUTE-
      For the purposes of section 3391 of this title, the term
    "essential agricultural use" shall - 
        (1) include use of natural gas in sugar refining for production
      of alcohol;
        (2) include use of natural gas for agricultural production on
      set-aside acreage or acreage diverted from the production of a
      commodity (as provided under the Agricultural Act of 1949 [7
      U.S.C. 1421 et seq.]) to be devoted to the production of any
      commodity for conversion into alcohol or hydrocarbons for use as
      motor fuel or other fuels; and
        (3) for the 5-year period beginning on June 30, 1980, include
      use of natural gas in the distillation of fuel-grade alcohol from
      food grains or other biomass by facilities in existence on June
      30, 1980, which do not have the installed capability to burn coal
      lawfully.

-SOURCE-
    (Pub. L. 96-294, title II, Sec. 273, June 30, 1980, 94 Stat. 711.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Act of 1949, referred to in par. (2), is act
    Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is
    classified principally to chapter 35A (Sec. 1421 et seq.) of Title
    7, Agriculture. For complete classification of this Act to the
    Code, see Short Title note set out under section 1421 of Title 7
    and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Biomass Energy and Alcohol
    Fuels Act of 1980 which is title II of the Energy Security Act, and
    not as part of the Natural Gas Policy Act of 1978 which comprises
    this chapter.

-End-

-CITE-
    15 USC Sec. 3392                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER IV - NATURAL GAS CURTAILMENT POLICIES

-HEAD-
    Sec. 3392. Natural gas for essential industrial process and
      feedstock uses

-STATUTE-
    (a) General rule
      The Secretary of Energy shall prescribe and make effective a rule
    which provides that, notwithstanding any other provision of law
    (other than subsection (b) of this section) and to the maximum
    extent practicable, no interstate pipeline may curtail deliveries
    of natural gas for any essential industrial process or feedstock
    use, unless such curtailment - 
        (1) does not reduce the quantity of natural gas delivered for
      such use below the use requirement specified in subsection (c) of
      this section;
        (2) is necessary in order to meet the requirements of high-
      priority users; or
        (3) is necessary in order to meet the requirements for
      essential agricultural uses of natural gas for which curtailment
      priority is established under section 3391 of this title.
    (b) Curtailment priority applicable only if alternative fuel not
      available
      The provisions of subsection (a) of this section shall apply with
    respect to any curtailment of deliveries for any essential
    industrial process or feedstock use only if the Commission
    determines that use of a fuel (other than natural gas) is not
    economically practicable and that no fuel is reasonably available
    as an alternative for such use.
    (c) Determination of essential industrial use requirements
      The Secretary of Energy shall determine and certify to the
    Commission the natural gas requirements (expressed either as
    volumes or percentages of use) of persons (or classes thereof) for
    essential industrial process and feedstock uses (other than those
    referred to in section 3391(f)(1)(B) of this title).
    (d) Definitions
      For purposes of this section - 
      (1) Essential industrial process or feedstock use
        The term "essential industrial process or feedstock use" means
      any use of natural gas in an industrial process or as a feedstock
      which the Secretary determines is essential.
      (2) High-priority user
        The term "high-priority user" has the same meaning as given
      such term in section 3391(f)(2) of this title.

-SOURCE-
    (Pub. L. 95-621, title IV, Sec. 402, Nov. 9, 1978, 92 Stat. 3395.)

-End-

-CITE-
    15 USC Sec. 3393                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER IV - NATURAL GAS CURTAILMENT POLICIES

-HEAD-
    Sec. 3393. Establishment and implementation of priorities

-STATUTE-
    (a) Establishment of priorities
      The Secretary of Energy shall prescribe the rules under sections
    3391 and 3392 of this title pursuant to his authority under the
    Department of Energy Organization Act [42 U.S.C 7101 et seq.] to
    establish and review priorities for curtailments under the Natural
    Gas Act [15 U.S.C. 717 et seq.].
    (b) Implementation of priorities
      The Commission shall implement the rules prescribed under
    sections 3391 and 3392 of this title pursuant to its authority
    under the Department of Energy Organization Act [42 U.S.C. 7101 et
    seq.] to establish, review, and enforce curtailments under the
    Natural Gas Act [15 U.S.C. 717 et seq.].

-SOURCE-
    (Pub. L. 95-621, title IV, Sec. 403, Nov. 9, 1978, 92 Stat. 3396.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Department of Energy Organization Act, referred to in
    subsecs. (a) and (b), is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565,
    as amended, which is classified principally to chapter 84 (Sec.
    7101 et seq.) of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 7101 of Title 42 and Tables.
      The Natural Gas Act, referred to in subsecs. (a) and (b), is act
    June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is
    classified generally to chapter 15B (Sec. 717 et seq.) of this
    title. For complete classification of this act to the Code, see
    section 717w of this title and Tables.

-End-

-CITE-
    15 USC Sec. 3394                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER IV - NATURAL GAS CURTAILMENT POLICIES

-HEAD-
    Sec. 3394. Limitation on revoking or amending certain pre-1969
      certificates of public convenience and necessity

-STATUTE-
    (a) General rule
      The Commission may not, during the 10-year period beginning on
    November 9, 1978, revoke or amend any certificate of public
    convenience and necessity issued before January 1, 1969, under
    section 7 of the Natural Gas Act [15 U.S.C. 717f] for the
    transportation of natural gas owned by any electric utility except
    upon the application of the person to whom such certificate was
    issued.
    (b) Commission curtailment authority
      The limitation under subsection (a) of this section shall not
    affect the authority of the Commission to enforce any curtailment
    of deliveries of natural gas under the Natural Gas Act [15 U.S.C.
    717 et seq.].

-SOURCE-
    (Pub. L. 95-621, title IV, Sec. 404, Nov. 9, 1978, 92 Stat. 3396.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Natural Gas Act, referred to in subsec. (b), is act June 21,
    1938, ch. 556, 52 Stat. 821, as amended, which is classified
    generally to chapter 15B (Sec. 717 et seq.) of this title. For
    complete classification of this act to the Code, see section 717w
    of this title and Tables.

-End-

-CITE-
    15 USC SUBCHAPTER V - ADMINISTRATION, ENFORCEMENT, AND
           REVIEW                                          01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER V - ADMINISTRATION, ENFORCEMENT, AND REVIEW

-HEAD-
          SUBCHAPTER V - ADMINISTRATION, ENFORCEMENT, AND REVIEW      

-End-

-CITE-
    15 USC Sec. 3411                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER V - ADMINISTRATION, ENFORCEMENT, AND REVIEW

-HEAD-
    Sec. 3411. General rulemaking authority

-STATUTE-
    (a) In general
      Except where expressly provided otherwise, the Commission shall
    administer this chapter. The Commission, or any other Federal
    officer or agency in which any function under this chapter is
    vested or delegated, is authorized to perform any and all acts
    (including any appropriate enforcement activity), and to prescribe,
    issue, amend, and rescind such rules and orders as it may find
    necessary or appropriate to carry out its functions under this
    chapter.
    (b) Authority to define terms
      Except where otherwise expressly provided, the Commission is
    authorized to define, by rule, accounting, technical, and trade
    terms used in this chapter. Any such definition shall be consistent
    with the definitions set forth in this chapter.

-SOURCE-
    (Pub. L. 95-621, title V, Sec. 501, Nov. 9, 1978, 92 Stat. 3396;
    Pub. L. 101-60, Sec. 3(b)(4), July 26, 1989, 103 Stat. 159.)

-MISC1-
                                AMENDMENTS                            
      1989 - Subsec. (c). Pub. L. 101-60 struck out subsec. (c) which
    authorized Commission to delegate to any State agency (with consent
    of such agency) any of its functions with respect to sections 3315,
    3316(b), and 3319(a)(1) and (3) of this title.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-60 effective Jan. 1, 1993, see section
    3(b) of Pub. L. 101-60, set out as a note under section 3372 of
    this title.

-End-

-CITE-
    15 USC Sec. 3412                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER V - ADMINISTRATION, ENFORCEMENT, AND REVIEW

-HEAD-
    Sec. 3412. Administrative procedure

-STATUTE-
    (a) Administrative Procedure Act
      Subject to subsection (b) of this section, the provisions of
    subchapter II of chapter 5 of title 5 shall apply to any rule or
    order issued under this chapter having the applicability and effect
    of a rule as defined in section 551(4) of title 5; except that
    sections 554, 556, and 557 of such title 5 shall not apply to any
    order under such section 3361, 3362, or 3363 of this title.
    (b) Opportunity for oral presentations
      To the maximum extent practicable, an opportunity for oral
    presentation of data, views, and arguments shall be afforded with
    respect to any proposed rule or order described in subsection (a)
    of this section (other than an order under section 3361, 3362, or
    3363 of this title). To the maximum extent practicable, such
    opportunity shall be afforded before the effective date of such
    rule or order. Such opportunity shall be afforded no later than 30
    days after such date in the case of a waiver of the entire comment
    period under section 553(d)(3) of title 5, and no later than 45
    days after such date in all other cases. A transcript shall be made
    of any such oral presentation.
    (c) Adjustments
      The Commission or any other Federal officer or agency authorized
    to issue rules or orders described in subsection (a) of this
    section (other than an order under section 3361, 3362, or 3363 of
    this title) shall, by rule, provide for the making of such
    adjustments, consistent with the other purposes of this chapter, as
    may be necessary to prevent special hardship, inequity, or an
    unfair distribution of burdens. Such rule shall establish
    procedures which are available to any person for the purpose of
    seeking an interpretation, modification, or rescission of,
    exception to, or exemption from, such applicable rules or orders.
    If any person is aggrieved or adversely affected by the denial of a
    request for adjustment under the preceding sentence, such person
    may request a review of such denial by the officer or agency and
    may obtain judicial review in accordance with section 3416 of this
    title when such denial becomes final. The officer or agency shall,
    by rule, establish procedures, including an opportunity for oral
    presentation of data, views, and arguments, for considering
    requests for adjustment under this subsection.

-SOURCE-
    (Pub. L. 95-621, title V, Sec. 502, Nov. 9, 1978, 92 Stat. 3397;
    Pub. L. 101-60, Sec. 3(a)(3), July 26, 1989, 103 Stat. 158.)

-MISC1-
                                AMENDMENTS                            
      1989 - Subsec. (d). Pub. L. 101-60 struck out subsec. (d) which
    directed that any determination made under section 3347(c) of this
    title be made in accordance with procedures applicable to the
    granting of any authority under the Natural Gas Act to import
    natural gas or liquefied natural gas (as the case might be).

-End-

-CITE-
    15 USC Sec. 3413                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER V - ADMINISTRATION, ENFORCEMENT, AND REVIEW

-HEAD-
    Sec. 3413. Repealed.

-MISC1-
    Sec. 3413. Repealed. Pub. L. 101-60, Sec. 3(b)(5), July 26, 1989,
      103 Stat. 159.
      Section, Pub. L. 95-621, title V, Sec. 503, Nov. 9, 1978, 92
    Stat. 3397, related to various determinations to be made by State
    or Federal agencies for qualifying under certain categories of
    natural gas.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Jan. 1, 1993, see section 3(b) of Pub. L. 101-
    60, set out as an Effective Date of 1989 Amendment note under
    section 3372 of this title.

-End-

-CITE-
    15 USC Sec. 3414                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER V - ADMINISTRATION, ENFORCEMENT, AND REVIEW

-HEAD-
    Sec. 3414. Enforcement

-STATUTE-
    (a) General rule
      It shall be unlawful for any person to violate any provision of
    this chapter or any rule or order under this chapter.
    (b) Civil enforcement
      (1) In general
        Except as provided in paragraph (2), whenever it appears to the
      Commission that any person is engaged or about to engage in any
      act or practice which constitutes or will constitute a violation
      of any provision of this chapter, or of any rule or order
      thereunder, the Commission may bring an action in the District
      Court of the United States for the District of Columbia or any
      other appropriate district court of the United States to enjoin
      such act or practice and to enforce compliance with this chapter,
      or any rule or order thereunder.
      (2) Enforcement of emergency orders
        Whenever it appears to the President that any person has
      engaged, is engaged, or is about to engage in acts or practices
      constituting a violation of any order under section 3362 of this
      title or any order or supplemental order issued under section
      3363 of this title, the President may bring a civil action in any
      appropriate district court of the United States to enjoin such
      acts or practices.
      (3) Repealed. Pub. L. 101-60, Sec. 3(a)(4)(B), July 26, 1989, 103
        Stat. 158
      (4) Relief available
        In any action under paragraph (1) or (2), the court shall, upon
      a proper showing, issue a temporary restraining order or
      preliminary or permanent injunction without bond. In any such
      action, the court may also issue a mandatory injunction
      commanding any person to comply with any applicable provision of
      law, rule, or order, or ordering such other legal or equitable
      relief as the court determines appropriate, including refund or
      restitution.
      (5) Criminal referral
        The Commission may transmit such evidence as may be available
      concerning any acts or practices constituting any possible
      violations of the Federal antitrust laws to the Attorney General
      who may institute appropriate criminal proceedings.
      (6) Civil penalties
        (A) In general
          Any person who knowingly violates any provision of this
        chapter, or any provision of any rule or order under this
        chapter, shall be subject to - 
            (i) except as provided in clause (ii) a civil penalty,
          which the Commission may assess, of not more than $1,000,000
          for any one violation; and
            (ii) a civil penalty, which the President may assess, of
          not more than $1,000,000, in the case of any violation of an
          order under section 3362 of this title or an order or
          supplemental order under section 3363 of this title.
        (B) "Knowing" defined
          For purposes of subparagraph (A) the term "knowing" means the
        having of - 
            (i) actual knowledge; or
            (ii) the constructive knowledge deemed to be possessed by a
          reasonable individual who acts under similar circumstances.
        (C) Each day separate violation
          For purposes of this paragraph, in the case of a continuing
        violation, each day of violation shall constitute a separate
        violation.
        (D) Statute of limitations
          No person shall be subject to any civil penalty under this
        paragraph with respect to any violation occurring more than 3
        years before the date on which such person is provided notice
        of the proposed penalty under subparagraph (E). The preceding
        sentence shall not apply in any case in which an untrue
        statement of material fact was made to the Commission or a
        State or Federal agency by, or acquiesced to by, the violator
        with respect to the acts or omissions constituting such
        violation, or if there was omitted a material fact necessary in
        order to make any statement made by, or acquiesced to by, the
        violator with respect to such acts or omissions not misleading
        in light of circumstances under such statement was made.
        (E) Assessed by Commission
          Before assessing any civil penalty under this paragraph, the
        Commission shall provide to such person notice of the proposed
        penalty. Following receipt of notice of the proposed penalty by
        such person, the Commission shall, by order, asssess (!1) such
        penalty.

        (F) Judicial review
          If the civil penalty has not been paid within 60 calendar
        days after the assessment order has been made under
        subparagraph (E), the Commission shall institute an action in
        the appropriate district court of the United States for an
        order affirming the assessment of the civil penalty. The court
        shall have authority to review de novo the law and the facts
        involved, and shall have jurisdiction to enter a judgment
        enforcing, modifying, and enforcing as so modified, or setting
        aside in whole or in part, such assessment.
    (c) Criminal penalties
      (1) Violations of chapter
        Except in the case of violations covered under paragraph (3),
      any person who knowingly and willfully violates any provision of
      this chapter shall be subject to - 
          (A) a fine of not more than $1,000,000; or
          (B) imprisonment for not more than 5 years; or
          (C) both such fine and such imprisonment.
      (2) Violation of rules or orders generally
        Except in the case of violations covered under paragraph (3),
      any person who knowingly and willfully violates any rule or order
      under this chapter (other than an order of the Commission
      assessing a civil penalty under subsection (b)(4)(E) of this
      section), shall be subject to a fine of not more than $50,000 for
      each day on which the offense occurs.
      (3) Violations of emergency orders
        Any person who knowingly and willfully violates an order under
      section 3362 of this title or an order or supplemental order
      under section 3363 of this title shall be fined not more than
      $50,000 for each violation.
      (4) Each day separate violation
        For purposes of this subsection, each day of violation shall
      constitute a separate violation.
      (5) "Knowingly" defined
        For purposes of this subsection, the term "knowingly", when
      used with respect to any act or omission by any person, means
      such person - 
          (A) had actual knowledge; or
          (B) had constructive knowledge deemed to be possessed by a
        reasonable individual who acts under similar circumstances.

-SOURCE-
    (Pub. L. 95-621, title V, Sec. 504, Nov. 9, 1978, 92 Stat. 3401;
    Pub. L. 101-60, Sec. 3(a)(4), (b)(6), July 26, 1989, 103 Stat. 158,
    159; Pub. L. 109-58, title III, Sec. 314(a)(2), (b)(2), Aug. 8,
    2005, 119 Stat. 690, 691.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b)(6)(A). Pub. L. 109-58, Sec. 314(b)(2),
    substituted "$1,000,000" for "$5,000" in cl. (i) and "$1,000,000"
    for "$25,000" in cl. (ii).
      Subsec. (c)(1). Pub. L. 109-58, Sec. 314(a)(2)(A), substituted
    "$1,000,000" for "$5,000" in subpar. (A) and "5 years" for "two
    years" in subpar. (B).
      Subsec. (c)(2). Pub. L. 109-58, Sec. 314(a)(2)(B), substituted
    "$50,000 for each day on which the offense occurs" for "$500 for
    each violation".
      1989 - Subsec. (a). Pub. L. 101-60, Sec. 3(b)(6), struck out par.
    (2) designation and par. (1) making it unlawful to sell natural gas
    at a first sale price in excess of any applicable maximum lawful
    price under this chapter.
      Subsec. (b). Pub. L. 101-60, Sec. 3(a)(4), substituted "paragraph
    (2)" for "paragraphs (2) and (3)" in par. (1), struck out par. (3)
    which related to enforcement of incremental pricing, and
    substituted "paragraph (1) or (2)" for "paragraph (1), (2), or (3)"
    in par. (4).

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by section 3(b)(6) of Pub. L. 101-60 effective Jan. 1,
    1993, see section 3(b) of Pub. L. 101-60, set out as a note under
    section 3372 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "assess".

-End-

-CITE-
    15 USC Sec. 3415                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER V - ADMINISTRATION, ENFORCEMENT, AND REVIEW

-HEAD-
    Sec. 3415. Intervention

-STATUTE-
    (a) Authority to intervene
      (1) Intervention as matter of right
        The Secretary of Energy may intervene as a matter of right in
      any proceeding relating to the prorationing of, or other
      limitations upon, natural gas production which is conducted by
      any State agency having regulatory jurisdiction over the
      production of natural gas.
      (2) Enforcement of right to intervene
        The Secretary may bring an action in any appropriate court of
      the United States to enforce his right to intervene under
      paragraph (1).
      (3) Access to information
        As an intervenor in a proceeding described in subsection (a) of
      this section, the Secretary shall have access to information
      available to other parties to the proceeding if such information
      is relevant to the issues to which his participation in such
      proceeding relates. Such information may be obtained through
      reasonable rules relating to discovery of information prescribed
      by the State agency.
    (b) Access to State courts
      (1) Review in State courts
        The Secretary may obtain review of any determination made in
      any proceeding described in subsection (a)(1) of this section in
      the appropriate State court if the Secretary intervened or
      otherwise participated in the original proceeding or if State law
      otherwise permits such review.
      (2) Participation as amicus curiae
        In addition to his authority to obtain review under paragraph
      (1), the Secretary may also participate an (!1) amicus curiae in
      any judicial review of any proceeding described in subsection
      (a)(1) of this section.

-SOURCE-
    (Pub. L. 95-621, title V, Sec. 505, Nov. 9, 1978, 92 Stat. 3403.)

-FOOTNOTE-
    (!1) So in original. Probably should be "as".

-End-

-CITE-
    15 USC Sec. 3416                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER V - ADMINISTRATION, ENFORCEMENT, AND REVIEW

-HEAD-
    Sec. 3416. Judicial review

-STATUTE-
    (a) Orders
      (1) In general
        The provisions of this subsection shall apply to judicial
      review of any order, within the meaning of section 551(6) of
      title 5 (other than an order assessing a civil penalty under
      section 3414(b)(4) of this title or any order under section 3362
      of this title or any order under section 3363 of this title),
      issued under this chapter and to any final agency action under
      this chapter required to be made on the record after an
      opportunity for an agency hearing.
      (2) Rehearing
        Any person aggrieved by any order issued by the Commission in a
      proceeding under this chapter to which such person is a party may
      apply for a rehearing within 30 days after the issuance of such
      order. Any application for rehearing shall set forth the specific
      ground upon which such application is based. Upon the filing of
      such application, the Commission may grant or deny the requested
      rehearing or modify the original order without further hearing.
      Unless the Commission acts upon such application for rehearing
      within 30 days after it is filed, such application shall be
      deemed to have been denied. No person may bring an action under
      this section to obtain judicial review of any order of the
      Commission unless - 
          (A) such person shall have made application to the Commission
        for rehearing under this subsection; and
          (B) the Commission shall have finally acted with respect to
        such application.

      For purposes of this section, if the Commission fails to act
      within 30 days after the filing of such application, such failure
      to act shall be deemed final agency action with respect to such
      application.
      (3) Authority to modify orders
        At any time before the filing of the record of a proceeding in
      a United States Court of Appeals, pursuant to paragraph (4), the
      Commission may, after providing notice it determines reasonable
      and proper, modify or set aside, in whole or in part, any order
      issued under the provisions of this chapter.
      (4) Judicial review
        Any person who is a party to a proceeding under this chapter
      aggrieved by any final order issued by the Commission in such
      proceeding may obtain review of such order in the United States
      Court of Appeals for any circuit in which the party to which such
      order relates is located or has its principal place of business,
      or in the United States Court of Appeals for the District of
      Columbia circuit. Review shall be obtained by filing a written
      petition, requesting that such order be modified or set aside in
      whole or in part, in such Court of Appeals within 60 days after
      the final action of the Commission on the application for
      rehearing required under paragraph (2). A copy of such petition
      shall forthwith be transmitted by the clerk of such court to any
      member of the Commission and thereupon the Commission shall file
      with the court the record upon which the order complained of was
      entered, as provided in section 2112 of title 28. Upon the filing
      of such petition such court shall have jurisdiction, which upon
      the filing of the record with it shall be exclusive, to affirm,
      modify, or set aside such order in whole or in part. No objection
      to such order of the Commission shall be considered by the court
      if such objection was not urged before the Commission in the
      application for rehearing unless there was reasonable ground for
      the failure to do so. The finding of the Commission as to the
      facts, if supported by substantial evidence, shall be conclusive.
      If any party shall apply to the court for leave to adduce
      additional evidence, and shall show to the satisfaction of the
      court that such additional evidence is material and that there
      were reasonable grounds for failure to adduce such evidence in
      the proceedings before the Commission, the court may order such
      additional evidence to be taken before the Commission and to be
      adduced upon the hearing in such manner and upon such terms and
      conditions as the court deems proper. The Commission may modify
      its findings as to the facts by reason of the additional evidence
      so taken, and shall file with the court such modified or new
      findings, which if supported by substantial evidence, shall be
      conclusive. The Commission shall also file with the court its
      recommendation, if any, for the modification or setting aside of
      the original order. The judgment and decree of the court,
      affirming, modifying, or setting aside, in whole or in part, any
      such order of the Commission, shall be final subject to review by
      the Supreme Court of the United States upon certiorari or
      certification as provided in section 1254 of title 28.
      (5) Orders remain effective
        The filing of an application for rehearing under paragraph (2)
      shall not, unless specifically ordered by the Commission, operate
      as a stay of the Commission's order. The commencement of
      proceedings under paragraph (4) shall not, unless specifically
      ordered by the court, operate as a stay of the Commission's
      order.
    (b) Review of rules and orders
      Except as provided in subsections (a) and (c) of this section,
    judicial review of any rule or order, within the meaning of section
    551(4) of title 5, issued under this chapter may be obtained in the
    United States Court of Appeals for any appropriate circuit pursuant
    to the provisions of chapter 7 of title 5, except that the second
    sentence of section 705 thereof shall not apply.
    (c) Judicial review of emergency orders
      Except with respect to enforcement of orders or subpenas under
    section 3364(a) of this title, the United States Court of Appeals
    for the Federal Circuit shall have exclusive original jurisdiction
    to review all civil cases and controversies under section 3361,
    3362 or 3363 of this title, including any order issued, or other
    action taken, under such section. The United States Court of
    Appeals for the Federal Circuit shall have exclusive jurisdiction
    of all appeals from the district courts of the United States in
    cases and controversies arising under section 3364(a)(2) of this
    title; such appeals shall be taken by the filing of a notice of
    appeal with the United States Court of Appeals for the Federal
    Circuit within thirty days after the entry of judgment by the
    district court. Prior to a final judgment, no court shall have
    jurisdiction to grant any injunctive relief to stay or defer the
    implementation of any order issued, or action taken, under section
    3361, 3362, or 3363 of this title.

-SOURCE-
    (Pub. L. 95-621, title V, Sec. 506, Nov. 9, 1978, 92 Stat. 3404;
    Pub. L. 101-60, Sec. 3(a)(5), July 26, 1989, 103 Stat. 158; Pub. L.
    102-572, title I, Sec. 102(b), Oct. 29, 1992, 106 Stat. 4506.)

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (c). Pub. L. 102-572 substituted "the United
    States Court of Appeals for the Federal Circuit" for "the Temporary
    Emergency Court of Appeals, established pursuant to section 211(b)
    of the Economic Stabilization Act of 1970, as amended," before
    "shall have exclusive original jurisdiction" and substituted
    "United States Court of Appeals for the Federal Circuit" for
    "Temporary Emergency Court of Appeals" in two places.
      1989 - Subsec. (d). Pub. L. 101-60 struck out subsec. (d) which
    related to judicial review of certain incremental pricing
    determinations.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section
    1101 of Pub. L. 102-572, set out as a note under section 905 of
    Title 2, The Congress.

-End-

-CITE-
    15 USC Sec. 3417                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER V - ADMINISTRATION, ENFORCEMENT, AND REVIEW

-HEAD-
    Sec. 3417. Repealed.

-MISC1-
    Sec. 3417. Repealed. Pub. L. 101-60, Sec. 3(a)(6), July 26, 1989,
      103 Stat. 158.
      Section, Pub. L. 95-621, title V, Sec. 507, Nov. 9, 1978, 92
    Stat. 3406, related to congressional review of Presidential
    reimposition of maximum lawful prices under section 3332 of this
    title, congressional reimposition of maximum lawful prices under
    section 3332 of this title, and congressional disapproval of
    incremental pricing under section 3342(c) or 3346(d)(2) of this
    title.

-End-

-CITE-
    15 USC Sec. 3418                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER V - ADMINISTRATION, ENFORCEMENT, AND REVIEW

-HEAD-
    Sec. 3418. Applicability of other Federal statutory provisions
      relating to information-gathering

-STATUTE-
      In order to obtain information for the purpose of carrying out
    its functions under this chapter, the Commission shall have the
    same authority as is vested in the Secretary under 7151(a) of title
    42 with respect to the exercise of authority under section 796(b)
    of this title and section 772(b), (c), and (d) of this title.

-SOURCE-
    (Pub. L. 95-621, title V, Sec. 508(b), Nov. 9, 1978, 92 Stat.
    3408.)

-End-

-CITE-
    15 USC SUBCHAPTER VI - COORDINATION WITH NATURAL GAS ACT;
           MISCELLANEOUS PROVISIONS                        01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER VI - COORDINATION WITH NATURAL GAS ACT; MISCELLANEOUS
                     PROVISIONS                

-HEAD-
     SUBCHAPTER VI - COORDINATION WITH NATURAL GAS ACT; MISCELLANEOUS
                                PROVISIONS

-End-

-CITE-
    15 USC Sec. 3431                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER VI - COORDINATION WITH NATURAL GAS ACT; MISCELLANEOUS
                     PROVISIONS                

-HEAD-
    Sec. 3431. Coordination with the Natural Gas Act

-STATUTE-
    (a) Jurisdiction of the Commission under the Natural Gas Act
      (1) Sales
        (A) Application to first sales
          For purposes of section 1(b) of the Natural Gas Act [15
        U.S.C. 717(b)], the provisions of the Natural Gas Act [15
        U.S.C. 717 et seq.], and the jurisdiction of the Commission
        under such Act shall not apply to any natural gas solely by
        reason of any first sale of such natural gas.
        (B) Authorized sales or assignments
          For purposes of section 1(b) of the Natural Gas Act [15
        U.S.C. 717(b)], the provisions of the Natural Gas Act [15
        U.S.C. 717 et seq.] and the jurisdiction of the Commission
        under such Act shall not apply by reason of any sale of natural
        gas - 
            (i) authorized under section 3362(a) or 3371(b) of this
          title; or
            (ii) pursuant to any assigned authorized under section
          3372(a) of this title.
        (C) Natural-gas company
          For purposes of the Natural Gas Act [15 U.S.C. 717 et seq.],
        the term "natural-gas company" (as defined in section 2(6) of
        such Act [15 U.S.C. 717a(6) et seq.]) shall not include any
        person by reason of, or with respect to, any sale of natural
        gas if the provisions of the Natural Gas Act and the
        jurisdiction of the Commission do not apply to such sale solely
        by reason of subparagraph (A) or (B) of this paragraph.
      (2) Transportation
        (A) Jurisdiction of the Commission
          For purposes of section 1(b) of the Natural Gas Act [15
        U.S.C. 717(b)] the provisions of such Act [15 U.S.C. 717 et
        seq.] and the jurisdiction of the Commission under such Act
        shall not apply to any transportation in interstate commerce of
        natural gas if such transportation is - 
            (i) pursuant to any order under section 3362(c) or section
          3363(b), (c), (d), or (h) of this title; or
            (ii) authorized by the Commission under section 3371(a) of
          this title.
        (B) Natural-gas company
          For purposes of the Natural Gas Act [15 U.S.C. 717 et seq.],
        the term "natural-gas company" (as defined in section 2(6) of
        such Act [15 U.S.C. 717a(6)]) shall not include any person by
        reason of, or with respect to, any transportation of natural
        gas if the provisions of the Natural Gas Act and the
        jurisdiction of the Commission under the Natural Gas Act do not
        apply to such transportation by reason of subparagraph (A) of
        this paragraph.
    (b) Charges deemed just and reasonable
      (1) Sales
        (A) First sales
          Except as otherwise provided in this subsection, for purposes
        of sections 4 and 5 of the Natural Gas Act, any amount paid in
        any first sale of natural gas shall be deemed to be just and
        reasonable.
        (B) Emergency sales
          For purposes of sections 4 and 5 of the Natural Gas Act [15
        U.S.C. 717c, 717d], any amount paid in any sale authorized
        under section 3362(a) of this title shall be deemed to be just
        and reasonable if such amount does not exceed the fair and
        equitable price established under such section and applicable
        to such sale.
        (C) Sales by intrastate pipelines
          For purposes of sections 4 and 5 of the Natural Gas Act [15
        U.S.C. 717c, 717d] any amount paid in any sale authorized by
        the Commission under section 3371(b) of this title shall be
        deemed to be just and reasonable if such amount does not exceed
        the fair and equitable price established by the Commission and
        applicable to such sale.
        (D) Assignments
          For purposes of sections 4 and 5 of the Natural Gas Act [15
        U.S.C. 717c, 717d], any amount paid pursuant to the terms of
        any contract with respect to that portion of which the
        Commission has authorized an assignment authorized under
        section 3372(a) of this title shall be deemed to be just and
        reasonable.
        (E) Affiliated entities limitation
          For purposes of paragraph (1), in the case of any first sale
        between any interstate pipeline and any affiliate of such
        pipeline, any amount paid in any first sale shall be deemed to
        be just and reasonable if, in addition to satisfying the
        requirements of such paragraph, such amount does not exceed the
        amount paid in comparable first sales between persons not
        affiliated with such interstate pipeline.
      (2) Other charges
        (A) Allocation
          For purposes of sections 4 and 5 of the Natural Gas Act [15
        U.S.C. 717c, 717d], any amount paid by any interstate pipeline
        for transportation, storage, delivery or other services
        provided pursuant to any order under section 3363(b), (c), or
        (d) of this title shall be deemed to be just and reasonable if
        such amount is prescribed by the President under section
        3363(h)(1) of this title.
        (B) Transportation
          For purposes of sections 4 and 5 of the Natural Gas Act [15
        U.S.C. 717c, 717d], any amount paid by any interstate pipeline
        for any transportation authorized by the Commission under
        section 3371(a) of this title shall be deemed to be just and
        reasonable if such amount does not exceed that approved by the
        Commission under such section.
    (c) Guaranteed passthrough
      (1) Certificate may not be denied based upon price
        The Commission may not deny, or condition the grant of, any
      certificate under section 7 of the Natural Gas Act [15 U.S.C.
      717f] based upon the amount paid in any sale of natural gas, if
      such amount is deemed to be just and reasonable under subsection
      (b) of this section.
      (2) Recovery of just and reasonable prices paid
        For purposes of sections 4 and 5 of the Natural Gas Act [15
      U.S.C. 717c, 717d], the Commission may not deny any interstate
      pipeline recovery of any amount paid with respect to any purchase
      of natural gas if, under subsection (b) of this section, such
      amount is deemed to be just and reasonable for purposes of
      sections 4 and 5 of such Act, except to the extent the Commission
      determines that the amount paid was excessive due to fraud,
      abuse, or similar grounds.

-SOURCE-
    (Pub. L. 95-621, title VI, Sec. 601, Nov. 9, 1978, 92 Stat. 3409;
    Pub. L. 101-60, Sec. 3(a)(7), (b)(7), July 26, 1989, 103 Stat. 158,
    159.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Natural Gas Act, referred to in subsec. (a)(1), (2)(A), (B),
    is act June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is
    classified generally to chapter 15B (Sec. 717 et seq.) of this
    title. For complete classification of this act to the Code, see
    section 717w of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1989 - Subsec. (a)(1)(A). Pub. L. 101-60, Sec. 3(b)(7)(A), in
    heading substituted "Application to first sales" for "Natural gas
    not committed or dedicated" and amended text generally. Prior to
    amendment, text read as follows: "For purposes of section 1(b) of
    the Natural Gas Act, effective on the first day of the first month
    beginning after November 9, 1978, the provisions of the Natural Gas
    Act and the jurisdiction of the Commission under such Act shall not
    apply to natural gas which was not committed or dedicated to
    interstate commerce as of November 8, 1978, solely by reason of any
    first sale of such natural gas."
      Subsec. (a)(1)(B). Pub. L. 101-60, Sec. 3(b)(7)(B), (C),
    redesignated subpar. (C) as (B) and struck out former subpar. (B)
    which related to committed or dedicated natural gas which was high-
    cost natural gas, new natural gas, or natural gas produced from
    any new, onshore production well.
      Subsec. (a)(1)(C). Pub. L. 101-60, Sec. 3(b)(7)(C), (D),
    redesignated subpar. (D) as (C) and substituted "subparagraph (A)
    or (B)" for "subparagraph (A), (B), or (C)". Former subpar. (C)
    redesignated (B).
      Subsec. (a)(1)(D). Pub. L. 101-60, Sec. 3(b)(7)(C), redesignated
    subpar. (D) as (C).
      Subsec. (a)(1)(E). Pub. L. 101-60, Sec. 3(b)(7)(B), struck out
    subpar. (E), "Certain additional natural gas", which read as
    follows: "For purposes of section 1(b) of the Natural Gas Act, the
    provisions of the Natural Gas Act and the jurisdiction of the
    Commission under such Act shall not apply solely by reason of any
    first sale of natural gas which is committed or dedicated to
    interstate commerce as of July 25, 1989, and which is not subject
    to a maximum lawful price under part A of subchapter I of this
    chapter by reason of section 3331(f) of this title, effective as of
    the date such gas ceases to be subject to such maximum lawful
    price."
      Pub. L. 101-60, Sec. 3(a)(7)(A), substituted "Certain additional
    natural gas" for "Alaskan natural gas" in heading and amended text
    generally. Prior to amendment, text read as follows: "Subparagraph
    (B)(ii) and (iii) shall not apply with respect to natural gas
    produced from the Prudhoe Bay unit of Alaska and transported
    through the transportation system approved under the Alaska Natural
    Gas Transportation Act of 1976."
      Subsec. (b)(1)(A). Pub. L. 101-60, Sec. 3(b)(7)(E), amended
    subpar. (A) generally. Prior to amendment, subpar. (A) read as
    follows: "Subject to paragraph (4), for purposes of sections 4 and
    5 of the Natural Gas Act, any amount paid in any first sale of
    natural gas shall be deemed to be just and reasonable if - 
        "(i) such amount does not exceed the applicable maximum lawful
      price established under subchapter I of this chapter; or
        "(ii) there is no applicable maximum lawful price solely by
      reason of the elimination of price controls pursuant to part B of
      subchapter I of this chapter."
      Subsec. (b)(1)(D). Pub. L. 101-60, Sec. 3(b)(7)(F), struck out
    before period at end "if such amount does not exceed the applicable
    maximum lawful price established under subchapter I of this
    chapter".
      Subsec. (c)(2). Pub. L. 101-60, Sec. 3(a)(7)(B), substituted
    "purchase of natural gas if, under subsection (b) of this section,
    such amount is deemed to be just and reasonable for purposes of
    sections 4 and 5 of such Act," for "purchase of natural gas if - 
        "(A) under subsection (b) of this section, such amount is
      deemed to be just and reasonable for purposes of sections 4 and 5
      of such Act, and
        "(B) such recovery is not inconsistent with any requirement of
      any rule under section 3341 of this title (including any
      amendment under section 3342 of this title),".

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by section 3(b)(7) of Pub. L. 101-60 effective Jan. 1,
    1993, see section 3(b) of Pub. L. 101-60, set out as a note under
    section 3372 of this title.

-End-

-CITE-
    15 USC Sec. 3432                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 60 - NATURAL GAS POLICY
    SUBCHAPTER VI - COORDINATION WITH NATURAL GAS ACT; MISCELLANEOUS
                     PROVISIONS                

-HEAD-
    Sec. 3432. Effect on State laws

-STATUTE-
    (a) Authority to prescribe maximum lawful prices
      Nothing in this chapter shall affect the authority of any State
    to establish or enforce any maximum lawful price for the first sale
    of natural gas produced in such State.
    (b) Common carriers
      No person shall be subject to regulation as a common carrier
    under any provision of Federal or State law by reason of any
    transportation - 
        (1) pursuant to any order under section 3362(c) or section
      3363(b), (c), (d), or (i) of this title; or
        (2) authorized by the Commission under section 3371(a) of this
      title.

-SOURCE-
    (Pub. L. 95-621, title VI, Sec. 602, Nov. 9, 1978, 92 Stat. 3411;
    Pub. L. 101-60, Sec. 3(b)(8), July 26, 1989, 103 Stat. 159.)

-MISC1-
                                AMENDMENTS                            
      1989 - Subsec. (a). Pub. L. 101-60 struck out "lower" after
    "prescribe" in heading and struck out before period at end "which
    does not exceed the applicable maximum lawful price, if any, under
    subchapter I of this chapter".

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-60 effective Jan. 1, 1993, see section
    3(b) of Pub. L. 101-60, set out as a note under section 3372 of
    this title.

-End-