
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7172]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
           SUBCHAPTER IV--FEDERAL ENERGY REGULATORY COMMISSION
 
Sec. 7172. Jurisdiction of Commission


(a) Transfer of functions from Federal Power Commission

    (1) There are transferred to, and vested in, the Commission the 
following functions of the Federal Power Commission or of any member of 
the Commission or any officer or component of the Commission:
        (A) the investigation, issuance, transfer, renewal, revocation, 
    and enforcement of licenses and permits for the construction, 
    operation, and maintenance of dams, water conduits, reservoirs, 
    powerhouses, transmission lines, or other works for the development 
    and improvement of navigation and for the development and 
    utilization of power across, along, from, or in navigable waters 
    under part I of the Federal Power Act [16 U.S.C. 791a et seq.];
        (B) the establishment, review, and enforcement of rates and 
    charges for the transmission or sale of electric energy, including 
    determinations on construction work in progress, under part II of 
    the Federal Power Act [16 U.S.C. 824 et seq.], and the 
    interconnection, under section 202(b), of such Act [16 U.S.C. 
    824a(b)], of facilities for the generation, transmission, and sale 
    of electric energy (other than emergency interconnection);
        (C) the establishment, review, and enforcement of rates and 
    charges for the transportation and sale of natural gas by a producer 
    or gatherer or by a natural gas pipeline or natural gas company 
    under sections 1, 4, 5, and 6 of the Natural Gas Act [15 U.S.C. 717, 
    717c to 717e];
        (D) the issuance of a certificate of public convenience and 
    necessity, including abandonment of facilities or services, and the 
    establishment of physical connections under section 7 of the Natural 
    Gas Act [15 U.S.C. 717f];
        (E) the establishment, review, and enforcement of curtailments, 
    other than the establishment and review of priorities for such 
    curtailments, under the Natural Gas Act [15 U.S.C. 717 et seq.]; and
        (F) the regulation of mergers and securities acquisition under 
    the Federal Power Act [16 U.S.C. 791a et seq.] and Natural Gas Act 
    [15 U.S.C. 717 et seq.].

    (2) The Commission may exercise any power under the following 
sections to the extent the Commission determines such power to be 
necessary to the exercise of any function within the jurisdiction of the 
Commission:
        (A) sections 4, 301, 302, 306 through 309, and 312 through 316 
    of the Federal Power Act [16 U.S.C. 797, 825, 825a, 825e to 825h, 
    825k to 825o]; and
        (B) sections 8, 9, 13 through 17, 20, and 21 of the Natural Gas 
    Act [15 U.S.C. 717g, 717h, 717l to 717p, 717s, 717t].

(b) Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379

(c) Consideration of proposals made by Secretary to amend regulations 
        issued under section 753 of title 15; exception

    (1) Pursuant to the procedures specified in section 7174 of this 
title and except as provided in paragraph (2), the Commission shall have 
jurisdiction to consider any proposal by the Secretary to amend the 
regulation required to be issued under section 753(a) \1\ of title 15 
which is required by section 757 or 760a \1\ of title 15 to be 
transmitted by the President to, and reviewed by, each House of 
Congress, under section 6421 of this title.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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    (2) In the event that the President determines that an emergency 
situation of overriding national importance exists and requires the 
expeditious promulgation of a rule described in paragraph (1), the 
President may direct the Secretary to assume sole jurisdiction over the 
promulgation of such rule, and such rule shall be transmitted by the 
President to, and reviewed by, each House of Congress under section 757 
or 760a \1\ of title 15, and section 6421 of this title.

(d) Matters involving agency determinations to be made on record after 
        agency hearing

    The Commission shall have jurisdiction to hear and determine any 
other matter arising under any other function of the Secretary--
        (1) involving any agency determination required by law to be 
    made on the record after an opportunity for an agency hearing; or
        (2) involving any other agency determination which the Secretary 
    determines shall be made on the record after an opportunity for an 
    agency hearing,

except that nothing in this subsection shall require that functions 
under sections 6213 and 6214 of this title shall be within the 
jurisdiction of the Commission unless the Secretary assigns such a 
function to the Commission.

(e) Matters assigned by Secretary after public notice and matters 
        referred under section 7174 of this title

    In addition to the other provisions of this section, the Commission 
shall have jurisdiction over any other matter which the Secretary may 
assign to the Commission after public notice, or which are required to 
be referred to the Commission pursuant to section 7174 of this title.

(f) Limitation

    No function described in this section which regulates the exports or 
imports of natural gas or electricity shall be within the jurisdiction 
of the Commission unless the Secretary assigns such a function to the 
Commission.

(g) Final agency action

    The decision of the Commission involving any function within its 
jurisdiction, other than action by it on a matter referred to it 
pursuant to section 7174 of this title, shall be final agency action 
within the meaning of section 704 of title 5 and shall not be subject to 
further review by the Secretary or any officer or employee of the 
Department.

(h) Rules, regulations, and statements of policy

    The Commission is authorized to prescribe rules, regulations, and 
statements of policy of general applicability with respect to any 
function under the jurisdiction of the Commission pursuant to this 
section.

(Pub. L. 95-91, title IV, Sec. 402, Aug. 4, 1977, 91 Stat. 583; Pub. L. 
103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379.)

                       References in Text

    The Federal Power Act, referred to in subsec. (a)(1)(A), (B), and 
(F), is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, which is 
classified generally to chapter 12 (Sec. 791a et seq.) of Title 16, 
Conservation. Parts I and II of the Federal Power Act are classified 
generally to subchapters I (Sec. 791a et seq.) and II (Sec. 824 et 
seq.), respectively, of chapter 12 of Title 16. For complete 
classification of this Act to the Code, see section 791a of Title 16 and 
Tables.
    The Natural Gas Act, referred to in subsec. (a)(1)(E), (F), is act 
June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is classified 
generally to chapter 15B (Sec. 717 et seq.) of Title 15, Commerce and 
Trade. For complete classification of this Act to the Code, see section 
717w of Title 15 and Tables.
    Sections 753, 757, and 760a of title 15, referred to in subsec. (c), 
were omitted from the Code pursuant to section 760g of Title 15, which 
provided for the expiration of the President's authority under those 
sections on Sept. 30, 1981.


                               Amendments

    1994--Subsec. (b). Pub. L. 103-272 struck out subsec. (b) which read 
as follows: ``There are transferred to, and vested in, the Commission 
all functions and authority of the Interstate Commerce Commission or any 
officer or component of such Commission where the regulatory function 
establishes rates or charges for the transportation of oil by pipeline 
or establishes the valuation of any such pipeline.'' See section 60502 
of Title 49, Transportation.


                     Oil Pipeline Regulatory Reform

    Pub. L. 102-486, title XVIII, Oct. 24, 1992, 106 Stat. 3010, 
provided that:
``SEC. 1801. OIL PIPELINE RATEMAKING METHODOLOGY.
    ``(a) Establishment.--Not later than 1 year after the date of the 
enactment of this Act [Oct. 24, 1992], the Federal Energy Regulatory 
Commission shall issue a final rule which establishes a simplified and 
generally applicable ratemaking methodology for oil pipelines in 
accordance with section 1(5) of part I of the Interstate Commerce Act 
[former 49 U.S.C. 1(5)].
    ``(b) Effective Date.--The final rule to be issued under subsection 
(a) may not take effect before the 365th day following the date of the 
issuance of the rule.
``SEC. 1802. STREAMLINING OF COMMISSION PROCEDURES.
    ``(a) Rulemaking.--Not later than 18 months after the date of the 
enactment of this Act [Oct. 24, 1992], the Commission shall issue a 
final rule to streamline procedures of the Commission relating to oil 
pipeline rates in order to avoid unnecessary regulatory costs and 
delays.
    ``(b) Scope of Rulemaking.--Issues to be considered in the 
rulemaking proceeding to be conducted under subsection (a) shall include 
the following:
        ``(1) Identification of information to be filed with an oil 
    pipeline tariff and the availability to the public of any analysis 
    of such tariff filing performed by the Commission or its staff.
        ``(2) Qualification for standing (including definitions of 
    economic interest) of parties who protest oil pipeline tariff 
    filings or file complaints thereto.
        ``(3) The level of specificity required for a protest or 
    complaint and guidelines for Commission action on the portion of the 
    tariff or rate filing subject to protest or complaint.
        ``(4) An opportunity for the oil pipeline to file a response for 
    the record to an initial protest or complaint.
        ``(5) Identification of specific circumstances under which 
    Commission staff may initiate a protest.
    ``(c) Additional Procedural Changes.--In conducting the rulemaking 
proceeding to carry out subsection (a), the Commission shall identify 
and transmit to Congress any other procedural changes relating to oil 
pipeline rates which the Commission determines are necessary to avoid 
unnecessary regulatory costs and delays and for which additional 
legislative authority may be necessary.
    ``(d) Withdrawal of Tariffs and Complaints.--
        ``(1) Withdrawal of tariffs.--If an oil pipeline tariff which is 
    filed under part I of the Interstate Commerce Act [former 49 U.S.C. 
    1 et seq.] and which is subject to investigation is withdrawn--
            ``(A) any proceeding with respect to such tariff shall be 
        terminated;
            ``(B) the previous tariff rate shall be reinstated; and
            ``(C) any amounts collected under the withdrawn tariff rate 
        which are in excess of the previous tariff rate shall be 
        refunded.
        ``(2) Withdrawal of complaints.--If a complaint which is filed 
    under section 13 of the Interstate Commerce Act [former 49 U.S.C. 
    13] with respect to an oil pipeline tariff is withdrawn, any 
    proceeding with respect to such complaint shall be terminated.
    ``(e) Alternative Dispute Resolution.--To the maximum extent 
practicable, the Commission shall establish appropriate alternative 
dispute resolution procedures, including required negotiations and 
voluntary arbitration, early in an oil pipeline rate proceeding as a 
method preferable to adjudication in resolving disputes relating to the 
rate. Any proposed rates derived from implementation of such procedures 
shall be considered by the Commission on an expedited basis for 
approval.
``SEC. 1803. PROTECTION OF CERTAIN EXISTING RATES.
    ``(a) Rates Deemed Just and Reasonable.--Except as provided in 
subsection (b)--
        ``(1) any rate in effect for the 365-day period ending on the 
    date of the enactment of this Act [Oct. 24, 1992] shall be deemed to 
    be just and reasonable (within the meaning of section 1(5) of the 
    Interstate Commerce Act [former 49 U.S.C. 1(5)]); and
        ``(2) any rate in effect on the 365th day preceding the date of 
    such enactment shall be deemed to be just and reasonable (within the 
    meaning of such section 1(5)) regardless of whether or not, with 
    respect to such rate, a new rate has been filed with the Commission 
    during such 365-day period;
if the rate in effect, as described in paragraph (1) or (2), has not 
been subject to protest, investigation, or complaint during such 365-day 
period.
    ``(b) Changed Circumstances.--No person may file a complaint under 
section 13 of the Interstate Commerce Act [former 49 U.S.C. 13] against 
a rate deemed to be just and reasonable under subsection (a) unless--
        ``(1) evidence is presented to the Commission which establishes 
    that a substantial change has occurred after the date of the 
    enactment of this Act [Oct. 24, 1992]--
            ``(A) in the economic circumstances of the oil pipeline 
        which were a basis for the rate; or
            ``(B) in the nature of the services provided which were a 
        basis for the rate; or
        ``(2) the person filing the complaint was under a contractual 
    prohibition against the filing of a complaint which was in effect on 
    the date of enactment of this Act and had been in effect prior to 
    January 1, 1991, provided that a complaint by a party bound by such 
    prohibition is brought within 30 days after the expiration of such 
    prohibition.
If the Commission determines pursuant to a proceeding instituted as a 
result of a complaint under section 13 of the Interstate Commerce Act 
that the rate is not just and reasonable, the rate shall not be deemed 
to be just and reasonable. Any tariff reduction or refunds that may 
result as an outcome of such a complaint shall be prospective from the 
date of the filing of the complaint.
    ``(c) Limitation Regarding Unduly Discriminatory or Preferential 
Tariffs.--Nothing in this section shall prohibit any aggrieved person 
from filing a complaint under section 13 or section 15(l) of the 
Interstate Commerce Act [former 49 U.S.C. 13, 15(1)] challenging any 
tariff provision as unduly discriminatory or unduly preferential.
``SEC. 1804. DEFINITIONS.
    ``For the purposes of this title, the following definitions apply:
        ``(1) Commission.--The term `Commission' means the Federal 
    Energy Regulatory Commission and, unless the context requires 
    otherwise, includes the Oil Pipeline Board and any other office or 
    component of the Commission to which the functions and authority 
    vested in the Commission under section 402(b) of the Department of 
    Energy Organization Act (42 U.S.C. 7172(b)) are delegated.
        ``(2) Oil pipeline.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the term `oil pipeline' means any common carrier (within the 
        meaning of the Interstate Commerce Act [former 49 U.S.C. 1 et 
        seq.]) which transports oil by pipeline subject to the functions 
        and authority vested in the Commission under section 402(b) of 
        the Department of Energy Organization Act (42 U.S.C. 7172(b)).
            ``(B) Exception.--The term `oil pipeline' does not include 
        the Trans-Alaska Pipeline authorized by the Trans-Alaska 
        Pipeline Authorization Act (43 U.S.C. 1651 et seq.) or any 
        pipeline delivering oil directly or indirectly to the Trans-
        Alaska Pipeline.
        ``(3) Oil.--The term `oil' has the same meaning as is given such 
    term for purposes of the transfer of functions from the Interstate 
    Commerce Commission to the Federal Energy Regulatory Commission 
    under section 402(b) of the Department of Energy Organization Act 
    (42 U.S.C. 7172(b)).
        ``(4) Rate.--The term `rate' means all charges that an oil 
    pipeline requires shippers to pay for transportation services.''

                  Section Referred to in Other Sections

    This section is referred to in sections 2077, 2160, 6303, 7151, 
7173, 7174, 7191, 7920, 8433 of this title.
