
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC717m]

 
                      TITLE 15--COMMERCE AND TRADE
 
                        CHAPTER 15B--NATURAL GAS
 
Sec. 717m. Investigations by Commission


(a) Power of Commission

    The Commission may investigate any facts, conditions, practices, or 
matters which it may find necessary or proper in order to determine 
whether any person has violated or is about to violate any provisions of 
this chapter or any rule, regulation, or order thereunder, or to aid in 
the enforcement of the provisions of this chapter or in prescribing 
rules or regulations thereunder, or in obtaining information to serve as 
a basis for recommending further legislation to the Congress. The 
Commission may permit any person to file with it a statement in writing, 
under oath or otherwise, as it shall determine, as to any or all facts 
and circumstances concerning a matter which may be the subject of 
investigation. The Commission, in its discretion, may publish in the 
manner authorized by section 825k of title 16, and make available to 
State commissions and municipalities, information concerning any such 
matter.

(b) Determination of adequacy of gas reserves

    The Commission may, after hearing, determine the adequacy or 
inadequacy of the gas reserves held or controlled by any natural-gas 
company, or by anyone on its behalf, including its owned or leased 
properties or royalty contracts; and may also, after hearing, determine 
the propriety and reasonableness of the inclusion in operating expenses, 
capital, or surplus of all delay rentals or other forms of rental or 
compensation for unoperated lands and leases. For the purpose of such 
determinations, the Commission may require any natural-gas company to 
file with the Commission true copies of all its lease and royalty 
agreements with respect to such gas reserves.

(c) Administration of oaths and affirmations; subpena of witnesses, etc.

    For the purpose of any investigation or any other proceeding under 
this chapter, any member of the Commission, or any officer designated by 
it, is empowered to administer oaths and affirmations, subpena 
witnesses, compel their attendance, take evidence, and require the 
production of any books, papers, correspondence, memoranda, contracts, 
agreements, or other records which the Commission finds relevant or 
material to the inquiry. Such attendance of witnesses and the production 
of any such records may be required from any place in the United States 
or at any designated place of hearing. Witnesses summoned by the 
Commission to appear before it shall be paid the same fees and mileage 
that are paid witnesses in the courts of the United States.

(d) Jurisdiction of courts of United States

    In case of contumacy by, or refusal to obey a subpena issued to, any 
person, the Commission may invoke the aid of any court of the United 
States within the jurisdiction of which such investigation or proceeding 
is carried on, or where such person resides or carries on business, in 
requiring the attendance and testimony of witnesses and the production 
of books, papers, correspondence, memoranda, contracts, agreements, and 
other records. Such court may issue an order requiring such person to 
appear before the Commission or member or officer designated by the 
Commission, there to produce records, if so ordered, or to give 
testimony touching the matter under investigation or in question; and 
any failure to obey such order of the court may be punished by such 
court as a contempt thereof. All process in any such case may be served 
in the judicial district whereof such person is an inhabitant or 
wherever he may be found or may be doing business. Any person who 
willfully shall fail or refuse to attend and testify or to answer any 
lawful inquiry or to produce books, papers, correspondence, memoranda, 
contracts, agreements, or other records, if in his or its power so to 
do, in obedience to the subpena of the Commission, shall be guilty of a 
misdemeanor and upon conviction shall be subject to a fine of not more 
than $1,000 or to imprisonment for a term of not more than one year, or 
both.

(e) Testimony of witnesses

    The testimony of any witness may be taken at the instance of a 
party, in any proceeding or investigation pending before the Commission, 
by deposition at any time after the proceeding is at issue. The 
Commission may also order testimony to be taken by deposition in any 
proceeding or investigation pending before it at any stage of such 
proceeding or investigation. Such depositions may be taken before any 
person authorized to administer oaths not being of counsel or attorney 
to either of the parties, nor interested in the proceeding or 
investigation. Reasonable notice must first be given in writing by the 
party or his attorney proposing to take such deposition to the opposite 
party or his attorney of record, as either may be nearest, which notice 
shall state the name of the witness and the time and place of the taking 
of his deposition. Any person may be compelled to appear and depose, and 
to produce documentary evidence, in the same manner as witnesses may be 
compelled to appear and testify and produce documentary evidence before 
the Commission, as hereinbefore provided. Such testimony shall be 
reduced to writing by the person taking deposition, or under his 
direction, and shall, after it has been reduced to writing, be 
subscribed by the deponent.

(f) Deposition of witnesses in a foreign country

    If a witness whose testimony may be desired to be taken by 
deposition be in a foreign country, the deposition may be taken before 
an officer or person designated by the Commission, or agreed upon by the 
parties by stipulation in writing to be filed with the Commission. All 
depositions must be promptly filed with the Commission.

(g) Witness fees

    Witnesses whose depositions are taken as authorized in this chapter, 
and the person or officer taking the same, shall be entitled to the same 
fees as are paid for like services in the courts of the United States.

(June 21, 1938, ch. 556, Sec. 14, 52 Stat. 828; Pub. L. 91-452, title 
II, Sec. 218, Oct. 15, 1970, 84 Stat. 929.)


                               Amendments

    1970--Subsec. (h). Pub. L. 91-452 struck out subsec. (h) which 
related to the immunity from prosecution of any individual compelled to 
testify or produce evidence, documentary or otherwise, after claiming 
his privilege against self-incrimination.


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-452 effective on sixtieth day following Oct. 
15, 1970, and not to affect any immunity to which any individual is 
entitled under this section by reason of any testimony given before 
sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, 
set out as an Effective Date; Savings Provision note under section 6001 
of Title 18, Crimes and Criminal Procedure.

                          Transfer of Functions

    Federal Power Commission terminated and functions, personnel, 
property, funds, etc., transferred to Secretary of Energy (except for 
certain functions transferred to Federal Energy Regulatory Commission) 
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The 
Public Health and Welfare.
    For transfer of functions of Federal Power Commission, with certain 
reservations, to Chairman of such Commission, see Reorg. Plan No. 9 of 
1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set 
out in the Appendix to Title 5, Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in title 42 section 7172.
