FERC-592 (OMB 1902-0157)
ATTACHMENT A
The statutory language related to FERC-592 follows.
FED-LAW, FERCSR, [¶3204], NGA Sec. 4. Rates and Charges; Schedules; Suspension of New Rates
NGA Sec. 4. Rates and Charges; Schedules; Suspension of New Rates
(a)
[3203]
All
rates and charges made, demanded, or received by any natural-gas
company for or in connection with the transportation or sale of
natural gas subject to the jurisdiction of the Commission, and all
rules and regulations affecting or pertaining to such rates or
charges, shall be just and reasonable, and any such rate or charge
that is not just and reasonable is hereby declared to be unlawful.
(b) No
natural-gas company shall, with respect to any transportation or sale
of natural gas subject to the jurisdiction of the Commission, (1)
make or grant any undue preference or advantage to any person or
subject any person to any undue prejudice or disadvantage, or (2)
maintain any unreasonable difference in rates, charges, service,
facilities, or in any other respect, either as between localities or
as between classes of service.
(c)
Under such rules and regulations as the Commission may prescribe,
every natural-gas company shall file with the Commission, within such
time (not less than sixty days from the date this act takes effect)
and in such form as the Commission may designate, and shall keep open
in convenient form and place for public inspection, schedules showing
all rates and charges for any transportation or sale subject to the
jurisdiction of the Commission, and the classifications, practices,
and regulations affecting such rates and charges, together with all
contracts which in any manner affect or relate to such rates,
charges, classifications, and services.
(d)
Unless the Commission otherwise orders, no change shall be made
by any natural-gas company in any such rate, charge, classification,
or service, or in any rule, regulations, or contract relating
thereto, except after thirty days' notice to the Commission and to
the public. Such notice shall be given by filing with the Commission
and keeping open for public inspection new schedules stating plainly
the change or changes to be made in the schedule or schedules then in
force and the time when the change or changes will go into effect.
The Commission, for good cause shown, may allow changes to take
effect without requiring the thirty days' notice herein provided for
by an order specifying the changes so to be made and the time when
they shall take effect and the manner in which they shall be filed
and published.
(e)
Whenever any such new schedule is filed the Commission shall have
authority, either upon complaint of any State, municipality, State
commission, or gas distributing company or upon its own initiative
without complaint, at once, and if it so orders, without answer or
formal pleading by the natural-gas company, but upon reasonable
notice, to enter upon a hearing concerning the lawfulness of such
rate, charge, classification, or service; and, pending such hearing
and the decision thereon, the Commission, upon filing with such
schedules and delivering to the natural-gas company affected thereby
a statement in writing of its reasons for such suspension, may
suspend the operation of such schedule and defer the use of such
rate, charge, classification, or service, but not for a longer period
than five months beyond the time when it would otherwise go into
effect; and after full hearings, either completed before or after the
rate, charge, classification, or service goes into effect, the
Commission may make such orders with reference thereto as would be
proper in a proceeding initiated after it had become effective. If
the proceeding has not been concluded and an order made at the
expiration of the suspension period, on motion of the naturalgas
company making the filing, the proposed change of rate, charge,
classification, or service shall go into effect. Where increased
rates or charges are thus made effective, the Commission may, by
order, require the naturalgas company to furnish a bond, to be
approved by the Commission, to refund any amounts ordered by the
Commission, to keep accurate accounts in detail of all amounts
received by reason of such increase, specifying by whom and in whose
behalf such amounts were paid, and, upon completion of the hearing
and decision, to order such naturalgas company to refund, with
interest, the portion of such increased rates or charges by its
decision found not justified. At any hearing involving a rate or
charge sought to be increased, the burden of proof to show that the
increased rate or charge is just and reasonable shall be upon the
naturalgas company, and the Commission shall give to the hearing and
decision of such questions preference over other questions pending
before it and decide the same as speedily as possible.
(f)
Authorization of Storage and Storage-Related Services at
Market-Based Rates. —
(1) In
exercising its authority under this Act or the Natural Gas Policy Act
of 1978 ( 15 U.S.C. 3301 et seq.), the
Commission may authorize a natural gas company (or any person that
will be a natural gas company on completion of any proposed
construction) to provide storage and storage-related services at
market- based rates for new storage capacity related to a specific
facility placed in service after the date of enactment of the Energy
Policy Act of 2005, notwithstanding the fact that the company is
unable to demonstrate that the company lacks market power, if the
Commission determines that —
(A)
market-based rates are in the public interest and necessary to
encourage the construction of the storage capacity in the area
needing storage services; and
(B)
customers are adequately protected.
(2) The
Commission shall ensure that reasonable terms and conditions are in
place to protect consumers.
(3) If
the Commission authorizes a natural gas company to charge market-
based rates under this subsection, the Commission shall review
periodically whether the market-based rate is just, reasonable, and
not unduly discriminatory or preferential.
FED-LAW, FERCSR, [¶3205], NGA Sec. 5. Fixing Rate and Charges; Determination of Cost of Production or Transportation
NGA Sec. 5. Fixing Rate and Charges; Determination of Cost of Production or Transportation
(a)
[3204]
Whenever
the Commission, after a hearing had upon its own motion or upon
complaint of any State, municipality, State commission, or gas
distributing company, shall find that any rate, charge, or
classification demanded, observed, charged, or collected by any
natural-gas company in connection with any transportation or sale of
natural gas, subject to the jurisdiction of the Commission, or that
any rule, regulation, practice, or contract affecting such rate,
charge, or classification is unjust, unreasonable, unduly
discriminatory, or preferential, the Commission shall determine the
just and reasonable rate, charge, classification, rule, regulation,
practice, or contract to be thereafter observed and in force, and
shall fix the same by order: Provided, however, That the
Commission shall have no power to order any increase in any rate
contained in the currently effective schedule of such natural-gas
company on file with the Commission, unless such increase is in
accordance with a new schedule filed by such natural- gas company;
but the Commission may order a decrease where existing rates are
unjust, unduly discriminatory, preferential, otherwise unlawful, or
are not the lowest reasonable rates.
(b) The
Commission upon its own motion, or upon the request of any State
commission, whenever it can do so without prejudice to the efficient
and proper conduct of its affairs, may investigate and determine the
cost of the production or transportation of natural gas by a
natural-gas company in cases where the Commission has no authority to
establish a rate governing the transportation or sale of such natural
gas.
FED-LAW, FERCSR, [¶3207], NGA Sec. 7. Extension of Facilities; Abandonment of Service
NGA Sec. 7. Extension of Facilities; Abandonment of Service
(a)
[3205]
Whenever
the Commission, after notice and opportunity for hearing, finds such
action necessary or desirable in the public interest, it may by order
direct a natural-gas company to extend or improve its transportation
facilities, to establish physical connection of its transportation
facilities with the facilities of, and sell natural gas to, any
person or municipality engaged or legally authorized to engage in the
local distribution of natural or artificial gas to the public, and
for such purpose to extend its transportation facilities to
communities immediately adjacent to such facilities or to territory
served by such natural-gas company, if the Commission finds that no
undue burden will be placed upon such natural-gas company thereby:
Provided, That the Com- mission shall have no authority to
compel the enlargement of transportation facilities for such
purposes, or to compel such natural-gas company to establish physical
connection or sell natural gas when to do so would impair its ability
to render adequate service to its customers.
(b) No
natural-gas company shall abandon all or any portion of its
facilities subject to the jurisdiction of the Commission, or any
service rendered by means of such facilities, without the permission
and approval of the Commission first had and obtained after due
hearing, and a finding by the Commission that the available supply of
natural gas is depleted to the extent that the continuance of service
is unwarranted, or that the present or future public convenience or
necessity permit such abandonment.
(c)
(1)
(A) No natural-gas company or person which will be a natural-gas company upon completion of any proposed construction or extension shall engage in the transportation or sale of natural gas, subject to the jurisdiction of the Commission, or undertake the construction or extension of any facilities therefor, or acquire or operate any such facilities or extensions thereof, unless there is in force with respect to such natural-gas company a certificate of public convenience and necessity issued by the Commission authorizing such acts or operations: Provided, however, That if any such naturalgas company or predecessor in interest was bona fide engaged in transportation or sale of natural gas, subject to the jurisdiction of the Commission, on the effective date of this amendatory Act, over the route or routes or within the area for which application is made and has so operated since that time, the Commission shall issue such certificate without requiring further proof that public convenience and necessity will be served by such operation, and without further proceedings, if application for such certificate is made to the Commission within ninety days after the effective date of this amendatory Act. Pending the determination of any such application, the continuance of such operation shall be lawful.
(B)
[3206]
In
all other cases the Commission shall set the matter for hearing and
shall give such reasonable notice of the hearing thereon to all
interested persons as in its judgment may be necessary under rules
and regulations to be prescribed by the Commission; and the
application shall be decided in accordance with the procedure
provided in subsection (e) of this section and such certificate shall
be issued or denied accordingly: Provided, however, That the
Commission may issue a temporary certificate in cases of emergency,
to assure maintenance of adequate service or to serve particular
customers, without notice or hearing, pending the determination of an
application for a certificate, and may by regulation exempt from the
requirements of this section temporary acts or operations for which
the issuance of a certificate will not be required in the public
interest.
(2) The
Commission may issue a certificate of public convenience and
necessity to a natural-gas company for the transportation in
interstate commerce of natural gas used by any person for one or more
high-priority uses, as defined, by rule, by the Commission, in the
case of —
(A)
natural gas sold by the producer to such person; and
(B)
natural gas produced by such person.
(d)
Application for certificates shall be made in writing to the
Commission, be verified under oath, and shall be in such form,
contain such information, and notice thereof shall be served upon
such interested parties and in such manner as the Commission shall,
by regulation, require.
(e)
Except in the cases governed by the provisos contained in
subsection (c)(1) of this section, a certificate shall be issued to
any qualified applicant therefor, authorizing the whole or any part
of the operation, sale, service, construction, extension, or
acquisition covered by the application, if it is found that the
applicant is able and willing properly to do the acts and to perform
the service proposed and to conform to the provisions of the Act and
the requirements, rules, and regulations of the Commission
thereunder, and that the proposed service, sale, operation,
construction, extension, or acquisition, to the extent authorized by
the certificate, is or will be required by the present or future
public convenience and necessity; otherwise such application shall be
denied. The Commission shall have the power to attach to the issuance
of the certificate and to the exercise of the rights granted
thereunder such reasonable terms and conditions as the public
convenience and necessity may require.
(f)
(1)
[3207]
The
Commission, after a hearing had upon its own motion or upon
application, may determine the service area to which each
authorization under this section is to be limited. Within such
service area as determined by the Commission a natural-gas company
may enlarge or extend its facilities for the purpose of supplying
increased market demands in such service area without further
authorization; and
(2) If
the Commission has determined a service area pursuant to this
subsection, transportation to ultimate consumers in such service area
by the holder of such service area determination, even if across
State lines, shall be subject to the exclusive jurisdiction of the
State commission in the State in which the gas is consumed. This
section shall not apply to the transportation of natural gas to
another natural gas company.
(g)
Nothing contained in this section shall be construed as a
limitation upon the power of the Commission to grant certificates of
public convenience and necessity for service of an area already being
served by another natural-gas company.
(h) When
any holder of a certificate of public convenience and necessity
cannot acquire by contract, or is unable to agree with the owner of
property to the compensation to be paid for, the necessary
right-of-way to construct, operate, and maintain a pipe line or pipe
lines for the transportation of natural gas, and the necessary land
or other property, in addition to right-of-way, for the location of
compressor stations, pressure apparatus, or other stations or
equipment necessary to the proper operation of such pipe line or pipe
lines, it may acquire the same by the exercise of the right of
eminent domain in the district court of the United States for the
district in which such property may be located, or in the State
courts. The practice and procedure in any action or proceeding for
that purpose in the district court of the United States shall conform
as nearly as may be with the practice and procedure in similar action
or proceeding in the courts of the State where the property is
situated: Provided, That the United States district courts
shall only have jurisdiction of cases when the amount claimed by the
owner of the property to be condemned exceeds $3,000.
FED-LAW, FERCSR, [¶3208], NGA Sec. 8. Accounts, Records, and Memoranda
NGA Sec. 8. Accounts, Records, and Memoranda
(a)
[3208]
Every
natural-gas company shall make, keep, and preserve for such periods,
such accounts, records of cost-accounting procedures, correspondence,
memoranda, papers, books, and other records as the Commission may by
rules and regulations prescribe as necessary or appropriate for
purposes of the administration of this act: Provided, however,
That nothing in this act shall relieve any such natural-gas company
from keeping any accounts, memoranda, or records which such
natural-gas company may be required to keep by or under authority of
the laws of any State. The Commission may prescribe a system of
accounts to be kept by such natural-gas companies, and may classify
such natural-gas companies and prescribe a system of accounts for
each class. The Commission, after notice and opportunity for hearing,
may determine by order the accounts in which particular outlays or
receipts shall be entered, charged, or credited. The burden of proof
to justify every accounting entry questioned by the Commission shall
be on the person making, authorizing, or requiring such entry, and
the Commission may suspend a charge or credit pending submission of
satisfactory proof in support thereof.
(b) The
Commission shall at all times have access to and the right to inspect
and examine all accounts, records, and memoranda of natural-gas
companies; and it shall be the duty of such natural-gas companies to
furnish to the Commission, within such reasonable time as the
Commission may order, any information with respect thereto which the
Commission may by order require, including copies of maps, contracts,
reports of engineers, and other data, records, and papers, and to
grant to all agents of the Commission free access to its property and
its accounts, records, and memoranda when requested so to do. No
member, officer, or employee of the Commission shall divulge any fact
or information which may come to his knowledge during the course of
examination of books, records, data, or accounts, except insofar as
he may be directed by the Commission or by a court.
(c) The
books, accounts, memoranda, and records of any person who controls
directly or indirectly a natural-gas company subject to the
jurisdiction of the Commission and of any other company controlled by
such person, insofar as they relate to transactions with or the
business of such natural-gas company, shall be subject to examination
on the order of the Commission.
FED-LAW, FERCSR, [¶3210], NGA Sec. 10. Periodic and Special Reports
NGA Sec. 10. Periodic and Special Reports
(a)
[3209]
Every
natural-gas company shall file with the Commission such annual and
other periodic or special reports as the Commission may by rules and
regulations or order prescribe as necessary or appropriate to assist
the Commission in the proper administration of this act. The
Commission may prescribe the manner and form in which such reports
shall be made, and require from such natural-gas companies specific
answers to all questions upon which the Commission may need
information. The Commission may require that such reports shall
include, among other things, full information as to assets and
liabilities, capitalization, investment and reduction thereof, gross
receipts, interest due and paid, depreciation, amortization, and
other reserves, cost of facilities, cost of maintenance and operation
of facilities for the production, transportation, or sale of natural
gas, costs of renewal and replacement of such facilities,
transportation, delivery, use, and sale of natural gas. The
Commission may require any such natural-gas company to make adequate
provision for currently determining such cost and other facts. Such
reports shall be made under oath unless the Commission otherwise
specifies.
(b)
[3210]
It
shall be unlawful for any natural-gas company willfully to hinder,
delay, or obstruct the making, filing, or keeping of any information,
document, report, memorandum, record, or account required to be made,
filed, or kept under this act or any rule, regulation, or order
thereunder.
FED-LAW, FERCSR, [¶3214], NGA Sec. 14. Investigations By Commission; Attendance of Witnesses; Depositions
NGA Sec. 14. Investigations By Commission; Attendance of Witnesses; Depositions
(a)
[3211]
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 provision
of this act or any rule, regulation, or order thereunder, or to aid
in the enforcement of the provisions of this act 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 312 of the Federal Power
Act, and make available to State commissions and municipalities,
information concerning any such matter.
(b) 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) For
the purpose of any investigation or any other proceeding under this
act, 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)
[3212]
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) 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) 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)
Witnesses whose depositions are taken as authorized in this act,
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.
(h)
[Repealed by P.L. 91-452, approved October 15, 1970.]
FED-LAW, FERCSR, [¶3216], NGA Sec. 16. Administration Powers of Commission; Rules, Regulations, and Orders
NGA Sec. 16. Administration Powers of Commission; Rules, Regulations, and Orders
[3214]
The
Commission shall have power to perform any and all acts, and to
prescribe, issue, make, amend, and rescind such orders, rules, and
regulations as it may find necessary or appropriate to carry out the
provisions of this act. Among other things, such rules and
regulations may define accounting, technical, and trade terms used in
this act; and may prescribe the form or forms of all statements,
declarations, applications, and reports to be filed with the
Commission, the information which they shall contain, and the time
within which they shall be filed. Unless a different date is
specified therein, rules and regulations of the Commission shall be
effective thirty days after publication in the manner which the
Commission shall prescribe. Orders of the Commission shall be
effective on the date and in the manner which the Commission shall
prescribe. For the purposes of its rules and regulations, the
Commission may classify persons and matters within its jurisdiction
and prescribe different requirements for different classes of persons
or matters. All rules and regulations of the Commission shall be
filed with its secretary and shall be kept open in convenient form
for public inspection and examination during reasonable business
hours.
FED-LAW, FERCSR, [¶3220], NGA Sec. 20. Enforcement of Act; Regulations and Orders
NGA Sec. 20. Enforcement of Act; Regulations and Orders
(a)
[3218]
Whenever
it shall appear to the Commission that any person is engaged or about
to engage in any acts or practices which constitute or will
constitute a violation of the provisions of this act, or of any rule,
regulation, or order thereunder, it may in its discretion bring an
action in the proper district court of the United States, the
District Court of the United States for the District of Columbia, or
the United States courts of any Territory or other place subject to
the jurisdiction of the United States, to enjoin such acts or
practices and to enforce compliance with this act or any rule,
regulation, or order thereunder, and upon a proper showing a
permanent or temporary injunction or decree or restraining order
shall be granted without bond. The Commission may transmit such
evidence as may be available concerning such acts or practices or
concerning apparent violations of the Federal antitrust laws to the
Attorney General, who, in his discretion, may institute the necessary
criminal proceedings.
(b) Upon
application of the Commission the district courts of the United
States, the District Court of the United States for the District of
Columbia, and the United States courts of any Territory or other
place subject to the jurisdiction of the United States shall have
jurisdiction to issue writs of mandamus commanding any person to
comply with the provisions of this act or any rule, regulation, or
order of the Commission thereunder.
(c) The
Commission may employ such attorneys as it finds necessary for proper
legal aid and service of the Commission or its members in the conduct
of their work, or for proper representation of the public interest in
investigations made by it, or cases or proceedings pending before it,
whether at the Commission's own instance or upon complaint, or to
appear for or represent the Commission in any case in court; and the
expenses of such employment shall be paid out of the appropriation
for the Commission.
(d) In
any proceedings under subsection (a), the court may prohibit,
conditionally or unconditionally, and permanently or for such period
of time as the court determines, any individual who is engaged or has
engaged in practices constituting a violation of section 4A
(including related rules and regulations) from —
(1)
acting as an officer or director of a natural gas company; or
(2)
engaging in the business of —
(A) the
purchasing or selling of natural gas; or
(B)
[3219]
the
purchasing or selling of transmission services subject to the
jurisdiction of the Commission. [ 15 U.S.C.
§717s]
Copyright © 2009, CCH INCORPORATED. All rights reserved.
| File Type | application/msword |
| File Title | FED-LAW, FERCSR, [¶3204], NGA Sec |
| Author | serveradmin3 |
| Last Modified By | Ellen Brown |
| File Modified | 2009-12-03 |
| File Created | 2009-12-03 |