dreamproit/uscode huggingface dataset:
15 U.S.C. § 3207 (COMMERCE AND TRADE)
§ 3207. Judicial review and enforcement
(a) Limitation of Federal jurisdiction
(1) Notwithstanding any other provision of law, no court of the United States shall have jurisdiction over any action arising under any provision of this chapter except for—
(A) an action over which a court of the United States has jurisdiction under paragraph (2), or
(B) review in the Supreme Court of the United States in accordance with sections 1257 and 1258 of title 28.
(2) The Secretary may bring an action in any appropriate court of the United States to enforce his right to intervene under section 3205 of this title, and such court shall have jurisdiction to grant appropriate relief.
(b) Enforcement
(1) Any person may bring an action to enforce the requirements of this chapter in the appropriate State court. Such action in a State court shall be pursuant to applicable State procedures.
(2) Nothing in this chapter shall authorize the Secretary to appeal or otherwise seek judicial review of the decisions of a State regulatory authority or nonregulated gas utility or to become a party to any action to obtain such review or appeal. The Secretary may participate as an amicus curiae in any judicial review of an action arising under the provisions of this chapter.
(Pub. L. 95–617, title III, § 307, Nov. 9, 1978, 92 Stat. 3153.)
heading: Definitions
text: The definitions of Secretary and State in section 2602 of Title 16, Conservation, apply to this section.
15 U.S.C. § 3208 (COMMERCE AND TRADE)
§ 3208. Relationship to other applicable law
Nothing in this chapter prohibits any State regulatory authority or nonregulated gas utility from adopting, pursuant to State law, any standard or rule affecting gas utilities which is different from any standard established by this chapter.
(Pub. L. 95–617, title III, § 308, Nov. 9, 1978, 92 Stat. 3153.)
heading: Definitions
text: The definition of State in section 2602 of Title 16, Conservation, applies to this section.
15 U.S.C. § 3209 (COMMERCE AND TRADE)
§ 3209. Reports respecting standards
(a) State authorities and nonregulated utilities
Not later than 1 year after November 9, 1978, and annually thereafter for 10 years, each State regulatory authority (with respect to each gas utility for which it has ratemaking authority), and each nonregulated gas utility, shall report to the Secretary, in such manner as the Secretary shall prescribe, respecting its consideration of the standards established by this chapter. Such report shall include a summary of the determinations made and actions taken with respect to each of such standards on a utility-by-utility basis.
(b) Secretary
Not later than 18 months after November 9, 1978, and annually thereafter for 10 years, the Secretary shall submit a report to the President and the Congress containing—
(1) a summary of the reports submitted under subsection (a) of this section,
(2) his analysis of such reports, and
(3) his actions under this chapter, and his recommendations for such further Federal actions, including any legislation, regarding retail gas utility rates (and other practices) as may be necessary to carry out the purposes of this chapter.
(Pub. L. 95–617, title III, § 309, Nov. 9, 1978, 92 Stat. 3153.)
heading: Definitions
text: The definition of Secretary in section 2602 of Title 16, Conservation, applies to this section.
15 U.S.C. § 3210 (COMMERCE AND TRADE)
§ 3210. Prior and pending proceedings
For purposes of this chapter, proceedings commenced by any State regulatory authority (with respect to gas utilities for which it has ratemaking authority) and any nonregulated gas utility before November 9, 1978, and actions taken before such date in such proceedings shall be treated as complying with the requirements of this chapter if such proceedings and actions substantially conform to such requirements. For purposes of this chapter, any such proceeding or action commenced before November 9, 1978, but not completed before such date shall comply with the requirements of this chapter, to the maximum extent practicable, with respect to so much of such proceeding or action as takes place after such date.
(Pub. L. 95–617, title III, § 310, Nov. 9, 1978, 92 Stat. 3154.)
15 U.S.C. § 3211 (COMMERCE AND TRADE)
§ 3211. Relationship to other authority
Nothing in this chapter shall be construed to limit or affect any authority of the Secretary or the Commission under any other provision of law.
(Pub. L. 95–617, title III, § 311, Nov. 9, 1978, 92 Stat. 3154.)
heading: Definitions
text: The definitions of Secretary and Commission in section 2602 of Title 16, Conservation, apply to this section.
15 U.S.C. § 3311 to 3320, 3331 to 3333 (COMMERCE AND TRADE)
§§ 3311 to 3320, 3331 to 3333. Repealed. Pub. L. 101–60, § 2(b), July 26, 1989, 103 Stat. 158
text: Section 3311, Pub. L. 95–621, title I, § 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.
text: Section 3312, Pub. L. 95–621, title I, § 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.
text: Section 3313, Pub. L. 95–621, title I, § 103, Nov. 9, 1978, 92 Stat. 3361, related to ceiling price for new, onshore production wells.
text: Section 3314, Pub. L. 95–621, title I, § 104, Nov. 9, 1978, 92 Stat. 3362, related to a ceiling price for sales of natural gas dedicated to interstate commerce.
text: Section 3315, Pub. L. 95–621, title I, § 105, Nov. 9, 1978, 92 Stat. 3363, related to ceiling price for sales under intrastate contracts existing on Nov. 8, 1978.
text: Section 3316, Pub. L. 95–621, title I, § 106, Nov. 9, 1978, 92 Stat. 3365, related to ceiling price for sales under rollover contracts.
text: Section 3317, Pub. L. 95–621, title I, § 107, Nov. 9, 1978, 92 Stat. 3366, related to ceiling price for high-cost natural gas.
text: Section 3318, Pub. L. 95–621, title I, § 108, Nov. 9, 1978, 92 Stat. 3367, related to ceiling price for stripper well natural gas.
text: Section 3319, Pub. L. 95–621, title I, § 109, Nov. 9, 1978, 92 Stat. 3368, related to ceiling price for other categories of natural gas.
text: Section 3320, Pub. L. 95–621, title I, § 110, Nov. 9, 1978, 92 Stat. 3368, related to treatment of State severance taxes and certain production-related costs.
text: Section 3331, Pub. L. 95–621, title I, § 121, Nov. 9, 1978, 92 Stat. 3369; Pub. L. 101–60, § 2(a), July 26, 1989, 103 Stat. 157, provided for elimination of price controls for certain natural gas sales.
text: Section 3332, Pub. L. 95–621, title I, § 122, Nov. 9, 1978, 92 Stat. 3370, related to standby price control authority.
text: Section 3333, Pub. L. 95–621, title I, § 123, Nov. 9, 1978, 92 Stat. 3371, related to reports to Congress by Department of Energy.
heading: Effective Date of Repeal
text: 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.
15 U.S.C. § 3341 to 3348 (COMMERCE AND TRADE)
§§ 3341 to 3348. Repealed. Pub. L. 100–42, § 2(a), May 21, 1987, 101 Stat. 314
text: Section 3341, Pub. L. 95–621, title II, § 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.
text: Section 3342, Pub. L. 95–621, title II, § 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.
text: Section 3343, Pub. L. 95–621, title II, § 203, Nov. 9, 1978, 92 Stat. 3373, enumerated acquisition costs subject to passthrough requirements of rule prescribed under section 3341 of this title.
text: Section 3344, Pub. L. 95–621, title II, § 204, Nov. 9, 1978, 92 Stat. 3375, related to method of passthrough.
text: Section 3345, Pub. L. 95–621, title II, § 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.
text: Section 3346, Pub. L. 95–621, title II, § 206, Nov. 9, 1978, 92 Stat. 3379, enumerated exemptions from application of rule required under section 3341 of this title.
text: Section 3347, Pub. L. 95–621, title II, § 207, Nov. 9, 1978, 92 Stat. 3380, related to application of section 3343 to certain natural gas and liquefied natural gas imports.
text: Section 3348, Pub. L. 95–621, title II, § 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.
heading: Repeal of Incremental Pricing Requirements
text: Pub. L. 100–42, § 2, May 21, 1987, 101 Stat. 314, 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.”
15 U.S.C. § 3361 (COMMERCE AND TRADE)
§ 3361. Declaration of emergency
(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).
(Pub. L. 95–621, title III, § 301, Nov. 9, 1978, 92 Stat. 3381.)
heading: Delegation of Functions
text: 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.
15 U.S.C. § 3372 (COMMERCE AND TRADE)
§ 3372. Assignment of contractual rights to receive surplus natural gas
(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.
(Pub. L. 95–621, title III, § 312, Nov. 9, 1978, 92 Stat. 3392; Pub. L. 101–60, § 3(b)(2), July 26, 1989, 103 Stat. 158.)
heading: References in Text
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 (§ 717 et seq.) of this title. For complete classification of this act to the Code, see section 717w of this title and Tables.
heading: Amendments
text: 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)”.
heading: Effective Date of 1989 Amendment
text: 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.
15 U.S.C. § 3373 (COMMERCE AND TRADE)
§ 3373. Effect of certain natural gas prices on indefinite price escalator clauses
(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).
(Pub. L. 95–621, title III, § 313, Nov. 9, 1978, 92 Stat. 3392; Pub. L. 101–60, § 3(b)(3), July 26, 1989, 103 Stat. 159.)
heading: References in Text
text: Sections 3315 and 3317 of this title, referred to in text, were repealed effective Jan. 1, 1993, by Pub. L. 101–60, § 2(b), July 26, 1989, 103 Stat. 158.
heading: Amendments
text: 1989—Pub. L. 101–60 inserted “, as such section was in effect on January 1, 1989” in four places.
heading: Effective Date of 1989 Amendment
text: 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.
15 U.S.C. § 3374 (COMMERCE AND TRADE)
§ 3374. Clauses prohibiting certain sales, transportation, and commingling
(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.
(Pub. L. 95–621, title III, § 314, Nov. 9, 1978, 92 Stat. 3392.)
heading: References in Text
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 (§ 717 et seq.) of this title. For complete classification of this act to the Code, see section 717w of this title and Tables.
15 U.S.C. § 3375 (COMMERCE AND TRADE)
§ 3375. Filing of contracts and agreements
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.
(Pub. L. 95–621, title III, § 315, Nov. 9, 1978, 92 Stat. 3393; Pub. L. 100–439, §§ 1, 2(a), (b)(1), Sept. 22, 1988, 102 Stat. 1720; Pub. L. 101–60, § 3(a)(2), July 26, 1989, 103 Stat. 158.)
heading: Amendments
text: 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, § 2(b)(1), struck out “right of first refusal;” after “Contract duration;” in section catchline.
Subsec. (a)(1). Pub. L. 100–439, § 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, § 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, § 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.
15 U.S.C. § 3391 (COMMERCE AND TRADE)
§ 3391. Natural gas for essential agricultural uses
(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.
(Pub. L. 95–621, title IV, § 401, Nov. 9, 1978, 92 Stat. 3394.)
15 U.S.C. § 3391a (COMMERCE AND TRADE)
§ 3391a. “Essential agricultural use” defined
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.
(Pub. L. 96–294, title II, § 273, June 30, 1980, 94 Stat. 711.)
heading: References in Text
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 (§ 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.
heading: Codification
text: 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.