
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC717]

 
                      TITLE 15--COMMERCE AND TRADE
 
                        CHAPTER 15B--NATURAL GAS
 
Sec. 717. Regulation of natural gas companies


(a) Necessity of regulation in public interest

    As disclosed in reports of the Federal Trade Commission made 
pursuant to S. Res. 83 (Seventieth Congress, first session) and other 
reports made pursuant to the authority of Congress, it is declared that 
the business of transporting and selling natural gas for ultimate 
distribution to the public is affected with a public interest, and that 
Federal regulation in matters relating to the transportation of natural 
gas and the sale thereof in interstate and foreign commerce is necessary 
in the public interest.

(b) Transactions to which provisions of chapter applicable

    The provisions of this chapter shall apply to the transportation of 
natural gas in interstate commerce, to the sale in interstate commerce 
of natural gas for resale for ultimate public consumption for domestic, 
commercial, industrial, or any other use, and to natural-gas companies 
engaged in such transportation or sale, but shall not apply to any other 
transportation or sale of natural gas or to the local distribution of 
natural gas or to the facilities used for such distribution or to the 
production or gathering of natural gas.

(c) Intrastate transactions exempt from provisions of chapter; 
        certification from State commission as conclusive evidence

    The provisions of this chapter shall not apply to any person engaged 
in or legally authorized to engage in the transportation in interstate 
commerce or the sale in interstate commerce for resale, of natural gas 
received by such person from another person within or at the boundary of 
a State if all the natural gas so received is ultimately consumed within 
such State, or to any facilities used by such person for such 
transportation or sale, provided that the rates and service of such 
person and facilities be subject to regulation by a State commission. 
The matters exempted from the provisions of this chapter by this 
subsection are declared to be matters primarily of local concern and 
subject to regulation by the several States. A certification from such 
State commission to the Federal Power Commission that such State 
commission has regulatory jurisdiction over rates and service of such 
person and facilities and is exercising such jurisdiction shall 
constitute conclusive evidence of such regulatory power or jurisdiction.

(d) Vehicular natural gas jurisdiction

    The provisions of this chapter shall not apply to any person solely 
by reason of, or with respect to, any sale or transportation of 
vehicular natural gas if such person is--
        (1) not otherwise a natural-gas company; or
        (2) subject primarily to regulation by a State commission, 
    whether or not such State commission has, or is exercising, 
    jurisdiction over the sale, sale for resale, or transportation of 
    vehicular natural gas.

(June 21, 1938, ch. 556, Sec. 1, 52 Stat. 821; Mar. 27, 1954, ch. 115, 
68 Stat. 36; Pub. L. 102-486, title IV, Sec. 404(a)(1), Oct. 24, 1992, 
106 Stat. 2879.)


                               Amendments

    1992--Subsec. (d). Pub. L. 102-486 added subsec. (d).
    1954--Subsec. (c). Act Mar. 27, 1954, added subsec. (c).

                          Transfer of Functions

    Federal Power Commission terminated and functions with regard to 
establishment, review, and enforcement of rates and charges for 
transportation and sale of natural gas by a producer or gatherer or by a 
natural gas pipeline or natural gas company transferred to Federal 
Energy Regulatory Commission by sections 7172(a)(1)(C) and 7293 of Title 
42, The Public Health and Welfare.


                       State Laws and Regulations

    Section 404(b) of Pub. L. 102-486 provided that: ``The 
transportation or sale of natural gas by any person who is not otherwise 
a public utility, within the meaning of State law--
        ``(1) in closed containers; or
        ``(2) otherwise to any person for use by such person as a fuel 
    in a self-propelled vehicle,
shall not be considered to be a transportation or sale of natural gas 
within the meaning of any State law, regulation, or order in effect 
before January 1, 1989. This subsection shall not apply to any provision 
of any State law, regulation, or order to the extent that such provision 
has as its primary purpose the protection of public safety.''


                    Emergency Natural Gas Act of 1977

    Pub. L. 95-2, Feb. 2, 1977, 91 Stat. 4, authorized President to 
declare a natural gas emergency and to require emergency deliveries and 
transportation of natural gas until the earlier of Apr. 30, 1977, or 
termination of emergency by President and provided for antitrust 
protection, emergency purchases, adjustment in charges for local 
distribution companies, relationship to Natural Gas Act, effect of 
certain contractual obligations, administrative procedure and judicial 
review, enforcement, reporting to Congress, delegation of authorities, 
and preemption of inconsistent State or local action.

                        Executive Order No. 11969

    Ex. Ord. No. 11969, Feb. 2, 1977, 42 F.R. 6791, as amended by Ex. 
Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, which delegated to the 
Secretary of Energy the authority vested in the President by the 
Emergency Natural Gas Act of 1977 except the authority to declare and 
terminate a natural gas emergency, was revoked by Ex. Ord. No. 12553, 
Feb. 25, 1986, 51 F.R. 7237.

                          Proclamation No. 4485

    Proc. No. 4485, Feb. 2, 1977, 42 F.R. 6789, declared that a natural 
gas emergency existed within the meaning of section 3 of the Emergency 
Natural Gas Act of 1977, set out as a note above, which emergency was 
terminated by Proc. No. 4495, Apr. 1, 1977, 42 F.R. 18053, formerly set 
out below.

                          Proclamation No. 4495

    Proc. No. 4495, Apr. 1, 1977, 42 F.R. 18053, terminated the natural 
gas emergency declared to exist by Proc. No. 4485, Feb. 2, 1977, 42 F.R. 
6789, formerly set out above.

                  Section Referred to in Other Sections

    This section is referred to in sections 3301, 3431 of this title; 
title 42 section 7172.
